[104th Congress Public Law 303]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ303.104]
[[Page 3657]]
WATER RESOURCES DEVELOPMENT ACT OF 1996
[[Page 110 STAT. 3658]]
Public Law 104-303
104th Congress
An Act
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. <<NOTE: Oct. 12, 1996 - [S. 640]>>
Be it enacted by the Senate and House of Representatives of the
United States <<NOTE: Water Resources Development Act of 1996.>> of
America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 33 USC 2201 note.>> Short Title.--This Act may be cited
as the ``Water Resources Development Act of 1996''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. <<NOTE: 33 USC 2201 note.>> Definition.
TITLE I--WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. Small flood control projects.
Sec. 103. Small bank stabilization projects.
Sec. 104. Small navigation projects.
Sec. 105. Small shoreline protection projects.
Sec. 106. Small snagging and sediment removal project, Mississippi
River, Little Falls, Minnesota.
Sec. 107. Small projects for improvement of the environment.
TITLE II--GENERAL PROVISIONS
Sec. 201. Cost sharing for dredged material disposal areas.
Sec. 202. Flood control policy.
Sec. 203. Cost sharing for feasibility studies.
Sec. 204. Restoration of environmental quality.
Sec. 205. Environmental dredging.
Sec. 206. Aquatic ecosystem restoration.
Sec. 207. Beneficial uses of dredged material.
Sec. 208. Recreation policy and user fees.
Sec. 209. Recovery of costs.
Sec. 210. Cost sharing for environmental projects.
Sec. 211. Construction of flood control projects by non-Federal
interests.
Sec. 212. Engineering and environmental innovations of national
significance.
Sec. 213. Lease authority.
Sec. 214. Collaborative research and development.
Sec. 215. National dam safety program.
Sec. 216. Hydroelectric power project uprating.
Sec. 217. Dredged material disposal facility partnerships.
Sec. 218. Obstruction removal requirement.
Sec. 219. Small project authorizations.
Sec. 220. Uneconomical cost-sharing requirements.
Sec. 221. Planning assistance to States.
Sec. 222. Corps of Engineers expenses.
Sec. 223. State and Federal agency review period.
Sec. 224. Section 215 reimbursement limitation per project.
Sec. 225. Melaleuca.
Sec. 226. Sediments decontamination technology.
Sec. 227. Shore protection.
Sec. 228. Conditions for project deauthorizations.
[[Page 110 STAT. 3659]]
Sec. 229. Support of Army civil works program.
Sec. 230. Benefits to navigation.
Sec. 231. Loss of life prevention.
Sec. 232. Scenic and aesthetic considerations.
Sec. 233. Termination of technical advisory committee.
Sec. 234. Interagency and international support authority.
Sec. 235. Sense of Congress; requirement regarding notice.
Sec. 236. Technical corrections.
Sec. 237. Hopper dredges.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 301. Project modifications.
Sec. 302. Mobile Harbor, Alabama.
Sec. 303. Nogales Wash and Tributaries, Arizona.
Sec. 304. White River Basin, Arkansas and Missouri.
Sec. 305. Channel Islands Harbor, California.
Sec. 306. Lake Elsinore, California.
Sec. 307. Los Angeles and Long Beach Harbors, San Pedro Bay, California.
Sec. 308. Los Angeles County drainage area, California.
Sec. 309. Prado Dam, California.
Sec. 310. Queensway Bay, California.
Sec. 311. Seven Oaks Dam, California.
Sec. 312. Thames River, Connecticut.
Sec. 313. Canaveral Harbor, Florida.
Sec. 314. Captiva Island, Florida.
Sec. 315. Central and Southern Florida, Canal 51.
Sec. 316. Central and Southern Florida, Canal 111.
Sec. 317. Jacksonville Harbor (Mill Cove), Florida.
Sec. 318. Panama City Beaches, Florida.
Sec. 319. Chicago, Illinois.
Sec. 320. Chicago Lock and Thomas J. O'Brien Lock, Illinois.
Sec. 321. Kaskaskia River, Illinois.
Sec. 322. Locks and Dam 26, Alton, Illinois and Missouri.
Sec. 323. White River, Indiana.
Sec. 324. Baptiste Collette Bayou, Louisiana.
Sec. 325. Lake Pontchartrain, Louisiana.
Sec. 326. Mississippi River-Gulf Outlet, Louisiana.
Sec. 327. Tolchester Channel, Maryland.
Sec. 328. Cross Village Harbor, Michigan.
Sec. 329. Saginaw River, Michigan.
Sec. 330. Sault Sainte Marie, Chippewa County, Michigan.
Sec. 331. St. Johns Bayou and New Madrid Floodway, Missouri.
Sec. 332. Lost Creek, Columbus, Nebraska.
Sec. 333. Passaic River, New Jersey.
Sec. 334. Acequias irrigation system, New Mexico.
Sec. 335. Jones Inlet, New York.
Sec. 336. Buford Trenton Irrigation District, North Dakota.
Sec. 337. Reno Beach-Howards Farm, Ohio.
Sec. 338. Broken Bow Lake, Red River Basin, Oklahoma.
Sec. 339. Wister Lake project, Leflore County, Oklahoma.
Sec. 340. Bonneville Lock and Dam, Columbia River, Oregon and
Washington.
Sec. 341. Columbia River dredging, Oregon and Washington.
Sec. 342. Lackawanna River at Scranton, Pennsylvania.
Sec. 343. Mussers Dam, Middle Creek, Snyder County, Pennsylvania.
Sec. 344. Schuylkill River, Pennsylvania.
Sec. 345. South Central Pennsylvania.
Sec. 346. Wyoming Valley, Pennsylvania.
Sec. 347. Allendale Dam, North Providence, Rhode Island.
Sec. 348. Narragansett, Rhode Island.
Sec. 349. Clouter Creek disposal area, Charleston, South Carolina.
Sec. 350. Buffalo Bayou, Texas.
Sec. 351. Dallas floodway extension, Dallas, Texas.
Sec. 352. Grundy, Virginia.
Sec. 353. Haysi Lake, Virginia.
Sec. 354. Rudee Inlet, Virginia Beach, Virginia.
Sec. 355. Virginia Beach, Virginia.
Sec. 356. East Waterway, Washington.
Sec. 357. Bluestone Lake, West Virginia.
Sec. 358. Moorefield, West Virginia.
Sec. 359. Southern West Virginia.
Sec. 360. West Virginia trailhead facilities.
[[Page 110 STAT. 3660]]
Sec. 361. Kickapoo River, Wisconsin.
Sec. 362. Teton County, Wyoming.
Sec. 363. Project reauthorizations.
Sec. 364. Project deauthorizations.
Sec. 365. Mississippi Delta Region, Louisiana.
Sec. 366. Monongahela River, Pennsylvania.
TITLE IV--STUDIES
Sec. 401. Corps capability study, Alaska.
Sec. 402. Red River, Arkansas.
Sec. 403. McDowell Mountain, Arizona.
Sec. 404. Nogales Wash and tributaries, Arizona.
Sec. 405. Garden Grove, California.
Sec. 406. Mugu Lagoon, California.
Sec. 407. Murrieta Creek, Riverside County, California.
Sec. 408. Pine Flat Dam fish and wildlife habitat restoration,
California.
Sec. 409. Santa Ynez, California.
Sec. 410. Southern California infrastructure.
Sec. 411. Stockton, California.
Sec. 412. Yolo Bypass, Sacramento-San Joaquin Delta, California.
Sec. 413. West Dade, Florida.
Sec. 414. Savannah River Basin comprehensive water resources study.
Sec. 415. Chain of Rocks Canal, Illinois.
Sec. 416. Quincy, Illinois.
Sec. 417. Springfield, Illinois.
Sec. 418. Beauty Creek watershed, Valparaiso City, Porter County,
Indiana.
Sec. 419. Grand Calumet River, Hammond, Indiana.
Sec. 420. Indiana Harbor Canal, East Chicago, Lake County, Indiana.
Sec. 421. Koontz Lake, Indiana.
Sec. 422. Little Calumet River, Indiana.
Sec. 423. Tippecanoe River watershed, Indiana.
Sec. 424. Calcasieu River, Hackberry, Louisiana.
Sec. 425. Morganza, Louisiana, to Gulf of Mexico.
Sec. 426. Huron River, Michigan.
Sec. 427. City of North Las Vegas, Clark County, Nevada.
Sec. 428. Lower Las Vegas Wash wetlands, Clark County, Nevada.
Sec. 429. Northern Nevada.
Sec. 430. Saco River, New Hampshire.
Sec. 431. Buffalo River greenway, New York.
Sec. 432. Coeymans, New York.
Sec. 433. New York Bight and Harbor study.
Sec. 434. Port of Newburgh, New York.
Sec. 435. Port of New York-New Jersey navigation study.
Sec. 436. Shinnecock Inlet, New York.
Sec. 437. Chagrin River, Ohio.
Sec. 438. Cuyahoga River, Ohio.
Sec. 439. Columbia Slough, Oregon.
Sec. 440. Charleston, South Carolina.
Sec. 441. Oahe Dam to Lake Sharpe, South Dakota.
Sec. 442. Mustang Island, Corpus Christi, Texas.
Sec. 443. Prince William County, Virginia.
Sec. 444. Pacific Region.
Sec. 445. Financing of infrastructure needs of small and medium ports.
Sec. 446. Evaluation of beach material.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Land conveyances.
Sec. 502. Namings.
Sec. 503. Watershed management, restoration, and development.
Sec. 504. Environmental infrastructure.
Sec. 505. Corps capability to conserve fish and wildlife.
Sec. 506. Periodic beach nourishment.
Sec. 507. Design and construction assistance.
Sec. 508. Lakes program.
Sec. 509. Maintenance of navigation channels.
Sec. 510. Chesapeake Bay environmental restoration and protection
program.
Sec. 511. Research and development program to improve salmon survival.
Sec. 512. Columbia River Treaty fishing access.
Sec. 513. Great Lakes confined disposal facilities.
Sec. 514. Great Lakes dredged material testing and evaluation manual.
Sec. 515. Great Lakes remedial action plans and sediment remediation.
[[Page 110 STAT. 3661]]
Sec. 516. Sediment management.
Sec. 517. Extension of jurisdiction of Mississippi River Commission.
Sec. 518. Sense of Congress regarding St. Lawrence Seaway tolls.
Sec. 519. Recreation partnership initiative.
Sec. 520. Field office headquarters facilities.
Sec. 521. Earthquake Preparedness Center of Expertise expansion.
Sec. 522. Jackson County, Alabama.
Sec. 523. Benton and Washington Counties, Arkansas.
Sec. 524. Heber Springs, Arkansas.
Sec. 525. Morgan Point, Arkansas.
Sec. 526. Calaveras County, California.
Sec. 527. Faulkner Island, Connecticut.
Sec. 528. Everglades and South Florida ecosystem restoration.
Sec. 529. Tampa, Florida.
Sec. 530. Watershed management plan for Deep River Basin, Indiana.
Sec. 531. Southern and Eastern Kentucky.
Sec. 532. Coastal wetlands restoration projects, Louisiana.
Sec. 533. Southeast Louisiana.
Sec. 534. Assateague Island, Maryland and Virginia.
Sec. 535. Cumberland, Maryland.
Sec. 536. William Jennings Randolph Access Road, Garrett County,
Maryland.
Sec. 537. Poplar Island, Maryland.
Sec. 538. Erosion control measures, Smith Island, Maryland.
Sec. 539. Restoration projects for Maryland, Pennsylvania, and West
Virginia.
Sec. 540. Control of aquatic plants, Michigan, Pennsylvania, and
Virginia and North Carolina.
Sec. 541. Duluth, Minnesota, alternative technology project.
Sec. 542. Lake Superior Center, Minnesota.
Sec. 543. Redwood River basin, Minnesota.
Sec. 544. Coldwater River Watershed, Mississippi.
Sec. 545. Natchez Bluffs, Mississippi.
Sec. 546. Sardis Lake, Mississippi.
Sec. 547. St. Charles County, Missouri, flood protection.
Sec. 548. St. Louis, Missouri.
Sec. 549. Libby Dam, Montana.
Sec. 550. Hackensack Meadowlands area, New Jersey.
Sec. 551. Hudson River habitat restoration, New York.
Sec. 552. New York City Watershed.
Sec. 553. New York State Canal System.
Sec. 554. Orchard Beach, Bronx, New York.
Sec. 555. Dredged material containment facility for Port of New York-New
Jersey.
Sec. 556. Queens County, New York.
Sec. 557. Jamestown Dam and Pipestem Dam, North Dakota.
Sec. 558. Northeastern Ohio.
Sec. 559. Ohio River Greenway.
Sec. 560. Grand Lake, Oklahoma.
Sec. 561. Broad Top region of Pennsylvania.
Sec. 562. Curwensville Lake, Pennsylvania.
Sec. 563. Hopper dredge McFarland.
Sec. 564. Philadelphia, Pennsylvania.
Sec. 565. Seven Points Visitors Center, Raystown Lake, Pennsylvania.
Sec. 566. Southeastern Pennsylvania.
Sec. 567. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 568. Wills Creek, Hyndman, Pennsylvania.
Sec. 569. Blackstone River Valley, Rhode Island and Massachusetts.
Sec. 570. Dredged material containment facility for Port of Providence,
Rhode Island.
Sec. 571. Quonset Point-Davisville, Rhode Island.
Sec. 572. East Ridge, Tennessee.
Sec. 573. Murfreesboro, Tennessee.
Sec. 574. Tennessee River, Hamilton County, Tennessee.
Sec. 575. Harris County, Texas.
Sec. 576. Neabsco Creek, Virginia.
Sec. 577. Tangier Island, Virginia.
Sec. 578. Pierce County, Washington.
Sec. 579. Greenbrier River Basin, West Virginia, flood protection.
Sec. 580. Lower Mud River, Milton, West Virginia.
Sec. 581. West Virginia and Pennsylvania flood control.
Sec. 582. Site designation.
Sec. 583. Long Island Sound.
Sec. 584. Water monitoring station.
Sec. 585. Overflow management facility.
[[Page 110 STAT. 3662]]
Sec. 586. Privatization of infrastructure assets.
TITLE VI--EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR MAINTENANCE
TRUST FUND
Sec. 601. Extension of expenditure authority under Harbor Maintenance
Trust Fund.
<<NOTE: 33 USC 2201 note.>> SEC. 2. DEFINITION.
In this Act, the term ``Secretary'' means the Secretary of the Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 101. PROJECT AUTHORIZATIONS.
(a) Projects With Chief's Reports.--Except as 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, described in the respective reports designated in this
subsection:
(1) American river watershed, california.--
(A) In general.--The project for flood damage
reduction, American and Sacramento Rivers, California:
Report of the Chief of Engineers, dated June 27, 1996,
at a total cost of $56,900,000, with an estimated
Federal cost of $42,675,000 and an estimated non-Federal
cost of $14,225,000, 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 damage reduction 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--
[[Page 110 STAT. 3663]]
(i) all operation, maintenance, repair,
replacement, and rehabilitation costs associated
with the improvements carried out under this
paragraph; and
(ii) 25 percent of the costs incurred for the
variable flood control operation of the Folsom Dam
and Reservoir during the 4-year period beginning
on the date of the enactment of this Act and 100
percent of such costs thereafter.
(2) 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 $10,000,000 and
an estimated non-Federal cost of $5,180,000.
(3) Marin county shoreline, san rafael, california.--The
project for hurricane and storm damage reduction, Marin County
shoreline, San Rafael, California: Report of the Chief of
Engineers, dated January 28, 1994, at a total cost of
$28,300,000, with an estimated Federal cost of $18,400,000 and
an estimated non-Federal cost of $9,900,000.
(4) Port of long beach (deepening), california.--The project
for navigation, Port of Long Beach (Deepening), California:
Report of the Chief of Engineers, dated July 26, 1996, at a
total cost of $37,288,000, with an estimated Federal cost of
$14,318,000 and an estimated non-Federal cost of $22,970,000.
(5) San lorenzo river, california.--The project for flood
control, San Lorenzo River, California: Report of the Chief of
Engineers, dated June 30, 1994, at a total cost of $21,800,000,
with an estimated Federal cost of $10,900,000 and an estimated
non-Federal cost of $10,900,000 and habitat restoration, at a
total cost of $4,050,000, with an estimated Federal cost of
$3,040,000 and an estimated non-Federal cost of $1,010,000.
(6) Santa barbara harbor, california.--The project for
navigation, Santa Barbara Harbor, California: Report of the
Chief of Engineers, dated April 26, 1994, at a total cost of
$5,840,000, with an estimated Federal cost of $4,670,000 and an
estimated non-Federal cost of $1,170,000.
(7) Santa monica breakwater, california.--The project for
hurricane and storm damage reduction, Santa Monica Breakwater,
Santa Monica, California: Report of the Chief of Engineers,
dated June 7, 1996, 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.
(8) 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 November 15,
1994, at a total cost of $17,144,000, with an estimated Federal
cost of $12,858,000 and an estimated non-Federal cost of
$4,286,000.
(9) Atlantic intracoastal waterway, st. johns county,
florida.--The project for navigation, Atlantic Intracoastal
Waterway, St. Johns County, Florida: Report of the Chief of
Engineers, dated June 24, 1994, at a total Federal cost of
$15,881,000. Operation, maintenance, repair, replacement, and
rehabilitation shall be a non-Federal responsibility, and the
non-Federal interest shall assume ownership of the bridge.
[[Page 110 STAT. 3664]]
(10) Cedar hammock (wares creek), florida.--The project for
flood control, Cedar Hammock (Wares Creek), Manatee County,
Florida: Report of the Chief of Engineers, dated August 23,
1996, at a total cost of $13,846,000, with an estimated Federal
cost of $10,385,000 and an estimated non-Federal cost of
$3,461,000.
(11) Lower savannah river basin, georgia and south
carolina.--The project for environmental restoration, Lower
Savannah River Basin, Georgia and South Carolina: Report of the
Chief of Engineers, dated July 30, 1996, at a total cost of
$3,431,000, with an estimated Federal cost of $2,573,000 and an
estimated non-Federal cost of $858,000.
(12) Lake michigan, illinois.--The project for storm damage
reduction and shoreline erosion protection, Lake Michigan,
Illinois, from Wilmette, Illinois, to the Illinois-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 project shall include the breakwater near the South Water
Filtration Plant described in the report as a separate element
of the project, at a total cost of $11,470,000, with an
estimated Federal cost of $7,460,000 and an estimated non-
Federal cost of $4,010,000. The Secretary shall reimburse the
non-Federal interest for the Federal share of any costs incurred
by the non-Federal interest--
(A) in reconstructing the revetment structures
protecting Solidarity Drive in Chicago, Illinois, if
such work is determined by the Secretary to be a
component of the project; and
(B) in constructing the breakwater near the South
Water Filtration Plant in Chicago, Illinois.
(13) Kentucky lock and dam, tennessee river, kentucky.--The
project for navigation, Kentucky Lock and Dam, Tennessee River,
Kentucky: Report of the Chief of Engineers, dated June 1, 1992,
at a total cost of $393,200,000. The costs of construction of
the project are to be paid \1/2\ from amounts appropriated from
the general fund of the Treasury and \1/2\ from amounts
appropriated from the Inland Waterways Trust Fund.
(14) Pond creek, jefferson county, kentucky.--The project
for flood control, Pond Creek, Jefferson County, Kentucky:
Report of the Chief of Engineers, dated June 28, 1994, at a
total cost of $16,080,000, with an estimated Federal cost of
$10,993,000 and an estimated non-Federal cost of $5,087,000.
(15) Wolf creek dam and lake cumberland, kentucky.--The
project for hydropower, Wolf Creek Dam and Lake Cumberland,
Kentucky: Report of the Chief of Engineers, dated June 28, 1994,
at a total cost of $53,763,000, with an estimated non-Federal
cost of $53,763,000. Funds derived by the Tennessee Valley
Authority from its power program and funds derived from any
private or public entity designated by the Southeastern Power
Administration may be used to pay all or part of the costs of
the project.
(16) Port fourchon, lafourche parish, louisiana.--The
project for navigation, Belle Pass and Bayou Lafourche,
Louisiana: Report of the Chief of Engineers, dated April 7,
1995,
[[Page 110 STAT. 3665]]
at a total cost of $4,440,000, with an estimated Federal cost of
$2,300,000 and an estimated non-Federal cost of $2,140,000.
(17) West bank of the mississippi river, new orleans (east
of harvey canal), louisiana.--The project for hurricane damage
reduction, West Bank of the Mississippi River in the vicinity of
New Orleans (East of Harvey Canal), Louisiana: Report of the
Chief of Engineers, dated May 1, 1995, at a total cost of
$126,000,000, with an estimated Federal cost of $82,200,000 and
an estimated non-Federal cost of $43,800,000.
(18) Blue river basin, kansas city, missouri.--The project
for flood control, Blue River Basin, Kansas City, Missouri:
Report of the Chief of Engineers, dated September 5, 1996, at a
total cost of $17,082,000, with an estimated Federal cost of
$12,043,000 and an estimated non-Federal cost of $5,039,000.
(19) Wood river, grand island, nebraska.--The project for
flood control, Wood River, Grand Island, Nebraska: Report of the
Chief of Engineers, dated May 3, 1994, at a total cost of
$11,800,000, with an estimated Federal cost of $6,040,000 and an
estimated non-Federal cost of $5,760,000.
(20) Las cruces, new mexico.--The project for flood control,
Las Cruces, New Mexico: Report of the Chief of Engineers, dated
June 24, 1996, 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.
(21) Atlantic coast of long island, new york.--The project
for 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.
(22) Cape fear--northeast (cape fear) rivers, north
carolina.--The project for navigation, Cape Fear--Northeast
(Cape Fear) Rivers, North Carolina: Report of the Chief of
Engineers, dated September 9, 1996, at a total cost of
$221,735,000, with an estimated Federal cost of $132,936,000 and
an estimated non-Federal cost of $88,799,000.
(23) Wilmington harbor, cape fear river, north carolina.--
The project for navigation, Wilmington Harbor, Cape Fear and
Northeast Cape Fear Rivers, North Carolina: Report of the Chief
of Engineers, dated June 24, 1994, at a total cost of
$23,953,000, with an estimated Federal cost of $15,572,000 and
an estimated non-Federal cost of $8,381,000.
(24) Duck creek, cincinnati, ohio.--The project for flood
control, Duck Creek, Cincinnati, Ohio: Report of the Chief of
Engineers, dated June 28, 1994, at a total cost of $15,947,000,
with an estimated Federal cost of $11,960,000 and an estimated
non-Federal cost of $3,987,000.
(25) Willamette river temperature control, mckenzie
subbasin, oregon.--The project for environmental restoration,
Willamette River Temperature Control, McKenzie Subbasin, Oregon:
Report of the Chief of Engineers, dated February 1, 1996, at a
total Federal cost of $38,000,000.
(26) Rio grande de arecibo, puerto rico.--The project for
flood control, Rio Grande de Arecibo, Puerto Rico: Report of the
Chief of Engineers, dated April 5, 1994, at a total
[[Page 110 STAT. 3666]]
cost of $19,951,000, with an estimated Federal cost of
$10,557,000 and an estimated non-Federal cost of $9,394,000.
(27) Charleston harbor, south carolina.--The project for
navigation, Charleston Harbor Deepening and Widening, South
Carolina: Report of the Chief of Engineers, dated July 18, 1996,
at a total cost of $116,639,000, with an estimated Federal cost
of $71,940,000 and an estimated non-Federal cost of $44,699,000.
(28) Big sioux river and skunk creek, sioux falls, south
dakota.--The project for flood control, Big Sioux River and
Skunk Creek, Sioux Falls, South Dakota: Report of the Chief of
Engineers, dated June 30, 1994, at a total cost of $34,600,000,
with an estimated Federal cost of $25,900,000 and an estimated
non-Federal cost of $8,700,000.
(29) Gulf intracoastal waterway, aransas national wildlife
refuge, texas.--The project for navigation and environmental
preservation, Gulf Intracoastal Waterway, Aransas National
Wildlife Refuge, Texas: Report of the Chief of Engineers, dated
May 28, 1996, at a total cost of $18,283,000, with an estimated
Federal cost of $18,283,000.
(30) 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 $298,334,000,
with an estimated Federal cost of $197,237,000 and an estimated
non-Federal cost of $101,097,000, and an average annual cost of
$786,000 for future environmental restoration over the 50-year
life of the project, with an estimated annual Federal cost of
$590,000 and an estimated annual non-Federal cost of $196,000.
The removal of pipelines and other obstructions that are
necessary for the project shall be accomplished at non-Federal
expense. Non-Federal interests shall receive credit toward cash
contributions required during construction and subsequent to
construction for design and construction management work that is
performed by non-Federal interests and that the Secretary
determines is necessary to implement the project.
(31) Marmet lock, kanawha river, west virginia.--The project
for navigation, Marmet Lock, Kanawha River, West Virginia:
Report of the Chief of Engineers, dated June 24, 1994, at a
total cost of $229,581,000. The costs of construction of the
project are to be paid \1/2\ from amounts appropriated from the
general fund of the Treasury and \1/2\ from amounts appropriated
from the Inland Waterways Trust Fund.
(b) Projects Subject to 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 final report (or
in the case of the project described in paragraph (10), a Detailed
Project Report) of the Corps 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 $4,282,000 and an estimated non-Federal cost of
$6,083,000.
(2) Cook inlet, alaska.--The project for navigation, Cook
Inlet, Alaska, at a total cost of $5,700,000, with an estimated
[[Page 110 STAT. 3667]]
Federal cost of $3,700,000 and an estimated non-Federal cost of
$2,000,000.
(3) St. paul island harbor, st. paul, alaska.--The project
for navigation, St. Paul Harbor, St. Paul, Alaska, at a total
cost of $18,981,000, with an estimated Federal cost of
$12,239,000 and an estimated non-Federal cost of $6,742,000.
(4) Norco bluffs, riverside county, california.--The project
for bluff stabilization, Norco Bluffs, Riverside County,
California, at a total cost of $8,600,000, with an estimated
Federal cost of $6,450,000 and an estimated non-Federal cost of
$2,150,000.
(5) Terminus dam, kaweah river, california.--The project for
flood control and water supply, Terminus Dam, Kaweah River,
California, at a total cost of $34,500,000, with an estimated
Federal cost of $20,200,000 and an estimated non-Federal cost of
$14,300,000.
(6) Rehoboth beach and dewey beach, delaware.--The project
for storm damage reduction and shoreline protection, Rehoboth
Beach and Dewey Beach, Delaware, at a total cost of $9,423,000,
with an estimated Federal cost of $6,125,000 and an estimated
non-Federal cost of $3,298,000, and an estimated average annual
cost of $282,000 for periodic nourishment over the 50-year life
of the project, with an estimated annual Federal cost of
$183,000 and an estimated annual non-Federal cost of $99,000.
(7) Brevard county, florida.--The project for shoreline
protection, Brevard County, Florida, at a total cost of
$76,620,000, with an estimated Federal cost of $36,006,000 and
an estimated non-Federal cost of $40,614,000, and an estimated
average annual cost of $2,341,000 for periodic nourishment over
the 50-year life of the project, with an estimated annual
Federal cost of $1,109,000 and an estimated annual non-Federal
cost of $1,232,000.
(8) Lake worth inlet, florida.--The project for navigation
and shoreline protection, Lake Worth Inlet, Palm Beach Harbor,
Florida, at a total cost of $3,915,000.
(9) Miami harbor channel, florida.--The project for
navigation, Miami Harbor Channel, Miami, Florida, at a total
cost of $3,221,000, with an estimated Federal cost of $1,800,000
and an estimated non-Federal cost of $1,421,000.
(10) New harmony, indiana.--The project for streambank
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.
(11) Westwego to harvey canal, louisiana.--The project for
hurricane damage prevention and flood control, West Bank
Hurricane Protection (Lake Cataouatche Area), Jefferson Parish,
Louisiana, 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.
(12) Chesapeake and delaware canal, maryland and delaware.--
The project for navigation and safety improvements, Chesapeake
and Delaware Canal, Baltimore Harbor Connecting Channels,
Delaware and Maryland, at a total cost of $82,800,000, with an
estimated Federal cost of $53,852,000 and an estimated non-
Federal cost of $28,948,000.
[[Page 110 STAT. 3668]]
(13) Absecon island, new jersey.--The project for storm
damage reduction and shoreline protection, Brigantine Inlet to
Great Egg Harbor Inlet, Absecon Island, New Jersey, at a total
cost of $52,000,000, with an estimated Federal cost of
$34,000,000 and an estimated non-Federal cost of $18,000,000.
SEC. 102. SMALL FLOOD CONTROL PROJECTS.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is feasible,
may carry out the project under section 205 of the Flood Control Act of
1948 (33 U.S.C. 701s):
(1) South upland, san bernadino county, california.--Project
for flood control, South Upland, San Bernadino County,
California.
(2) Birds, lawrence county, illinois.--Project for flood
control, Birds, Lawrence County, Illinois.
(3) Bridgeport, lawrence county, illinois.--Project for
flood control, Bridgeport, Lawrence County, Illinois.
(4) Embarras river, villa grove, illinois.--Project for
flood control, Embarras River, Villa Grove, Illinois.
(5) Frankfort, will county, illinois.--Project for flood
control, Frankfort, Will County, Illinois.
(6) Sumner, lawrence county, illinois.--Project for flood
control, Sumner, Lawrence County, Illinois.
(7) Vermillion river, demonade park, lafayette, louisiana.--
Project for nonstructural flood control, Vermillion River,
Demonade Park, Lafayette, Louisiana. In carrying out the study
and the project (if any) under this paragraph, the Secretary
shall use relevant information from the Lafayette Parish
feasibility study and expedite completion of the study under
this paragraph.
(8) Vermillion river, quail hollow subdivision, lafayette,
louisiana.--Project for nonstructural flood control, Vermillion
River, Quail Hollow Subdivision, Lafayette, Louisiana. In
carrying out the study and the project (if any) under this
paragraph, the Secretary shall use relevant information from the
Lafayette Parish feasibility study and expedite completion of
the study under this paragraph.
(9) Kawkawlin river, bay county, michigan.--Project for
flood control, Kawkawlin River, Bay County, Michigan.
(10) Whitney drain, arenac county, michigan.--Project for
flood control, Whitney Drain, Arenac County, Michigan.
(11) Festus and crystal city, missouri.--Project for flood
control, Festus and Crystal City, Missouri. In carrying out the
study and the project (if any) under this paragraph, the
Secretary shall use relevant information from the existing
reconnaissance study and shall expedite completion of the study
under this paragraph.
(12) Kimmswick, missouri.--Project for flood control,
Kimmswick, Missouri. In carrying out the study and the project
(if any) under this paragraph, the Secretary shall use relevant
information from the existing reconnaissance study and shall
expedite completion of the study under this paragraph.
(13) River des peres, st. louis county, missouri.--Project
for flood control, River Des Peres, St. Louis County, Missouri.
In carrying out the study and the project (if any),
[[Page 110 STAT. 3669]]
the Secretary shall determine the feasibility of potential flood
control measures, consider potential storm water runoff and
related improvements, and cooperate with the Metropolitan St.
Louis Sewer District.
(14) Malta, montana.--Project for flood control, Malta,
Montana.
(15) Buffalo creek, erie county, new york.--Project for
flood control, Buffalo Creek, Erie County, New York.
(16) Cazenovia creek, erie county, new york.--Project for
flood control, Cazenovia Creek, Erie County, New York.
(17) Cheektowaga, erie county, new york.--Project for flood
control, Cheektowaga, Erie County, New York.
(18) Fulmer creek, village of mohawk, new york.--Project for
flood control, Fulmer Creek, village of Mohawk, New York.
(19) Moyer creek, village of frankfort, new york.--Project
for flood control, Moyer Creek, village of Frankfort, New York.
(20) Sauquoit creek, whitesboro, new york.--Project for
flood control, Sauquoit Creek, Whitesboro, New York.
(21) Steele creek, village of ilion, new york.--Project for
flood control, Steele Creek, village of Ilion, New York.
(22) Willamette river, oregon.--Project for nonstructural
flood control, Willamette River, Oregon, including floodplain
and ecosystem restoration.
SEC. 103. SMALL BANK STABILIZATION PROJECTS.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is feasible,
may carry out the project under section 14 of the Flood Control Act of
1946 (33 U.S.C. 701r):
(1) St. joseph river, indiana.--Project for bank
stabilization, St. Joseph River, South Bend, Indiana, including
recreation and pedestrian access features.
(2) Allegheny river at oil city, pennsylvania.--Project for
bank stabilization to address erosion problems affecting the
pipeline crossing the Allegheny River at Oil City, Pennsylvania,
including measures to address erosion affecting the pipeline in
the bed of the Allegheny River and its adjacent banks.
(3) Cumberland river, nashville, tennessee.--Project for
bank stabilization, Cumberland River, Nashville, Tennessee.
SEC. 104. SMALL NAVIGATION PROJECTS.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is feasible,
may carry out the project under section 107 of the River and Harbor Act
of 1960 (33 U.S.C. 577):
(1) Akutan, alaska.--Project for navigation, Akutan, Alaska,
consisting of a bulkhead and a wave barrier, including
application of innovative technology involving use of a
permeable breakwater.
(2) Illinois and michigan canal, illinois.--Project for
navigation, Illinois and Michigan Canal, Illinois, including
marina development at Lock 14.
(3) Grand marais harbor breakwater, michigan.--Project for
navigation, Grand Marais Harbor breakwater, Michigan.
[[Page 110 STAT. 3670]]
(4) Duluth, minnesota.--Project for navigation, Duluth,
Minnesota.
(5) Taconite, minnesota.--Project for navigation, Taconite,
Minnesota.
(6) Two harbors, minnesota.--Project for navigation, Two
Harbors, Minnesota.
(7) Caruthersville harbor, pemiscot county, missouri.--
Project for navigation, Caruthersville Harbor, Pemiscot County,
Missouri, including enlargement of the existing harbor and bank
stabilization measures.
(8) New madrid county harbor, missouri.--Project for
navigation, New Madrid County Harbor, Missouri, including
enlargement of the existing harbor and bank stabilization
measures.
(9) Brooklyn, new york.--Project for navigation, Brooklyn,
New York, including restoration of the pier and related
navigation support structures, at the Sixty-Ninth Street Pier.
(10) Buffalo inner harbor, buffalo, new york.--Project for
navigation, Buffalo Inner Harbor, Buffalo, New York, including
enlargement of the existing harbor and bank stabilization
measures.
(11) Glenn cove creek, new york.--Project for navigation,
Glenn Cove Creek, New York, including bulkheading.
(12) Union ship canal, buffalo and lackawanna, new york.--
Project for navigation, Union Ship Canal, Buffalo and
Lackawanna, New York.
SEC. 105. SMALL SHORELINE PROTECTION PROJECTS.
The Secretary shall conduct a study for each of the following
projects, and if the Secretary determines that the project is feasible,
may carry out the project under section 3 of the Act entitled ``An Act
authorizing Federal participation in the cost of protecting the shores
of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426g;
60 Stat. 1056):
(1) Fort pierce, florida.--Project for 1 mile of additional
shoreline protection, Fort Pierce, Florida.
(2) Sylvan beach breakwater, verona, oneida county, new
york.--Project for shoreline protection, Sylvan Beach
breakwater, Verona, Oneida County, New York.
SEC. 106. SMALL SNAGGING AND SEDIMENT REMOVAL PROJECT, MISSISSIPPI
RIVER, LITTLE FALLS, MINNESOTA.
The Secretary shall conduct a study for a project for clearing,
snagging, and sediment removal, East Bank of the Mississippi River,
Little Falls, Minnesota, including removal of sediment from culverts.
The study shall include a determination of the adequacy of culverts to
maintain flows through the channel. If the Secretary determines that the
project is feasible, the Secretary may carry out the project under
section 3 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 (33 U.S.C. 603a; 59
Stat. 23).
SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE ENVIRONMENT.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is appro
[[Page 110 STAT. 3671]]
priate, may carry out the project under section 1135(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2309a(a)):
(1) Pine flat dam, california.--Project for fish and
wildlife habitat restoration, Pine Flat Dam, Kings River,
California, including construction of a turbine bypass.
(2) Upper truckee river, el dorado county, california.--
Project for environmental restoration, Upper Truckee River, El
Dorado County, California, including measures for restoration of
degraded wetlands and wildlife enhancement.
(3) Whittier narrows dam, california.--Project for
environmental restoration and remediation of contaminated water
sources, Whittier Narrows Dam, California.
(4) Lower amazon creek, oregon.--Project for environmental
restoration, Lower Amazon Creek, Oregon, consisting of
environmental restoration measures relating to the flood
reduction measures constructed by the Corps of Engineers and the
related flood reduction measures constructed by the Natural
Resources Conservation Service.
(5) Ashley creek, utah.--Project for fish and wildlife
restoration, Ashley Creek near Vernal, Utah.
(6) Upper jordan river, salt lake county, utah.--Project for
channel restoration and environmental improvement, Upper Jordan
River, Salt Lake County, Utah.
TITLE II--GENERAL PROVISIONS
SEC. 201. COST SHARING FOR DREDGED MATERIAL DISPOSAL AREAS.
(a) Construction.--Section 101(a) of the Water Resources Development
Act of 1986 (33 U.S.C. 2211(a); 100 Stat. 4082-4083) is amended--
(1) in paragraph (2) by striking the last sentence and
inserting the following: ``The value of lands, easements,
rights-of-way, and relocations provided under paragraph (3) and
the costs of relocations borne by the non-Federal interests
under paragraph (4) shall be credited toward the payment
required under this paragraph.'';
(2) in paragraph (3)--
(A) by inserting ``and'' after ``rights-of-way,'';
(B) by striking ``, and dredged material disposal
areas''; and
(C) by inserting ``, including any lands, easements,
rights-of-way, and relocations (other than utility
relocations accomplished under paragraph (4)) that are
necessary for dredged material disposal facilities''
before the period at the end of such paragraph; and
(3) by adding at the end the following:
``(5) Dredged material disposal facilities for project
construction.--In this subsection, the term `general navigation
features' includes constructed land-based and aquatic dredged
material disposal facilities that are necessary for the disposal
of dredged material required for project construction and for
which a contract for construction has not been awarded on or
before the date of the enactment of this paragraph.''.
(b) Operation and Maintenance.--Section 101(b) of such Act (33
U.S.C. 2211(b); 100 Stat. 4083) is amended--
(1) by inserting ``(1) In general.--'' before ``The
Federal'';
[[Page 110 STAT. 3672]]
(2) by indenting and moving paragraph (1) (as designated by
paragraph (1) of this subsection) 2 ems to the right;
(3) by striking ``pursuant to this Act'' and inserting ``by
the Secretary pursuant to this Act or any other law approved
after the date of the enactment of this Act''; and
(4) by adding at the end the following:
``(2) Dredged material disposal facilities.--The Federal
share of the cost of constructing land-based and aquatic dredged
material disposal facilities that are necessary for the disposal
of dredged material required for the operation and maintenance
of a project and for which a contract for construction has not
been awarded on or before the date of the enactment of this
paragraph shall be determined in accordance with subsection (a).
The Federal share of operating and maintaining such facilities
shall be determined in accordance with paragraph (1).''.
(c) Agreement.--Section 101(e)(1) of such Act (33 U.S.C. 2211(e)(1);
100 Stat. 4083) is amended by striking ``and to provide dredged material
disposal areas and perform'' and inserting ``including those necessary
for dredged material disposal facilities, and perform''.
(d) Consideration of Funding Requirements and Equitable
Apportionment.--Section 101 of such Act (33 U.S.C. 2211; 100 Stat. 4082-
4084) is amended by adding at the end the following:
``(f) Consideration of Funding Requirements and Equitable
Apportionment.--The Secretary shall ensure, to the extent practicable,
that--
``(1) funding requirements for operation and maintenance
dredging of commercial navigation harbors are considered before
Federal funds are obligated for payment of the Federal share of
costs associated with the construction of dredged material
disposal facilities in accordance with subsections (a) and (b);
``(2) funds expended for such construction are apportioned
equitably in accordance with regional needs; and
``(3) use of a dredged material disposal facility designed,
constructed, managed, or operated by a private entity is not
precluded if, consistent with economic and environmental
considerations, the facility is the least-cost alternative.''.
(e) Eligible Operations and Maintenance Defined.--Section 214(2) of
such Act (33 U.S.C. 2241; 100 Stat. 4108) is amended--
(1) in subparagraph (A)--
(A) by inserting ``Federal'' after ``means all'';
(B) by inserting ``(i)'' after ``including''; and
(C) by inserting before the period at the end the
following: ``; (ii) the construction of dredged material
disposal facilities that are necessary for the operation
and maintenance of any harbor or inland harbor; (iii)
dredging and disposing of contaminated sediments that
are in or that affect the maintenance of Federal
navigation channels; (iv) mitigating for impacts
resulting from Federal navigation operation and
maintenance activities; and (v) operating and
maintaining dredged material disposal facilities''; and
(2) in subparagraph (C) by striking ``rights-of-way, or
dredged material disposal areas,'' and inserting ``or rights-of-
way,''.
[[Page 110 STAT. 3673]]
(f) <<NOTE: 33 USC 2211 note.>> Amendment of Cooperation
Agreement.--If requested by the non-Federal interest, the Secretary
shall amend a project cooperation agreement executed on or before the
date of the enactment of this Act to reflect the application of the
amendments made by this section to any project for which a contract for
construction has not been awarded on or before that date.
(g) <<NOTE: 33 USC 2211 note.>> Savings Clause.--Nothing in this
section (including the amendments made by this section) shall increase,
or result in the increase of, the non-Federal share of the costs of--
(1) expanding any confined dredged material disposal
facility that is operated by the Secretary and that is
authorized for cost recovery through the collection of tolls;
(2) any confined dredged material disposal facility for
which the invitation for bids for construction was issued before
the date of the enactment of this Act; and
(3) expanding any confined dredged material disposal
facility constructed under section 123 of the River and Harbor
Act of 1970 (33 U.S.C. 1293a) if the capacity of the confined
dredged material disposal facility was exceeded in less than 6
years.
SEC. 202. FLOOD CONTROL POLICY.
(a) Flood Control Cost Sharing.--
(1) Increased non-federal contributions.--
(A) In general.--Subsections (a) and (b) of section
103 of the Water Resources Development Act of 1986 (33
U.S.C. 2213 (a) and (b)) are each amended by striking
``25 percent'' each place it appears and inserting ``35
percent''.
(B) <<NOTE: 33 USC 2213 note.>> Applicability.--The
amendments made by subparagraph (A) shall apply to any
project authorized after the date of the enactment of
this Act and to any flood control project that is not
specifically authorized by Congress for which a Detailed
Project Report is approved after such date of enactment
or, in the case of a project for which no Detailed
Project Report is prepared, construction is initiated
after such date of enactment.
(2) Physical construction defined.--Section 103(e)(1) of
such Act (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.''.
(b) Ability To Pay.--
(1) In general.--Section 103(m) of such Act (33 U.S.C.
2213(m)) is amended to read as follows:
``(m) Ability To Pay.--
``(1) In general.--Any cost-sharing agreement under this
section for flood control or agricultural water supply shall be
subject to the ability of a non-Federal interest to pay.
``(2) Criteria and procedures.--The ability of a non-Federal
interest to pay shall be determined by the Secretary in
accordance with criteria and procedures in effect on the day
before the date of the enactment of the Water Resources
Development Act of 1996; except that such criteria and
procedures shall be revised within 1 year after such date of
enactment to reflect the requirements of paragraph (3).
[[Page 110 STAT. 3674]]
``(3) Revision of criteria and procedures.--In revising
criteria and procedures pursuant to paragraph (2), the
Secretary--
``(A) shall consider--
``(i) per capita income data for the county or
counties in which the project is to be located;
and
``(ii) the per capita non-Federal cost of
construction of the project for the county or
counties in which the project is to be located;
``(B) shall not consider criteria (other than
criteria described in subparagraph (A)) in effect on the
day before the date of the enactment of the Water
Resources Development Act of 1996; and
``(C) may consider additional criteria relating to
the non-Federal interest's financial ability to carry
out its cost-sharing responsibilities, to the extent
that the application of such criteria does not eliminate
areas from eligibility for a reduction in the non-
Federal share as determined under subparagraph (A).
``(4) Non-federal share.--Notwithstanding subsection (a),
the Secretary may reduce the requirement that a non-Federal
interest make a cash contribution for any project that is
determined to be eligible for a reduction in the non-Federal
share under criteria and procedures in effect under paragraphs
(1), (2), and (3).''.
(2) <<NOTE: 33 USC 2213 note.>> Applicability.--
(A) Generally.--Subject to subparagraph (C), the
amendment made by paragraph (1) shall apply to any
project, or separable element thereof, with respect to
which the Secretary and the non-Federal interest enter
into a project cooperation agreement after December 31,
1997.
(B) Amendment of cooperation agreement.--If
requested by the non-Federal interest, the Secretary
shall amend a project cooperation agreement executed on
or before the date of the enactment of this Act to
reflect the application of the amendment made by
paragraph (1) to any project for which a contract for
construction has not been awarded on or before such date
of enactment.
(C) Non-federal option.--If requested by the non-
Federal interest, the Secretary shall apply the criteria
and procedures established pursuant to section 103(m) of
the Water Resources Development Act of 1986 as in effect
on the day before the date of the enactment of this Act
for projects that are authorized before the date of the
enactment of this Act.
(c) Floodplain Management Plans.--
(1) In general.--Section 402 of such Act (33 U.S.C. 701b-12;
100 Stat. 4133) is amended to read as follows:
``SEC. 402. FLOODPLAIN MANAGEMENT REQUIREMENTS.
``(a) Compliance With Floodplain Management and Insurance
Programs.--Before construction of any project for local flood
protection, or any project for hurricane or storm damage reduction, that
involves Federal assistance from the Secretary, the non-Federal interest
shall agree to participate in and comply with applicable Federal
floodplain management and flood insurance programs.
[[Page 110 STAT. 3675]]
``(b) Flood Plain Management Plans.--Within 1 year after the date of
signing a project cooperation agreement for construction of a project to
which subsection (a) applies, the non-Federal interest shall prepare a
flood plain management plan designed to reduce the impacts of future
flood events in the project area. Such plan shall be implemented by the
non-Federal interest not later than 1 year after completion of
construction of the project.
``(c) Guidelines.--
``(1) In general.--Within 6 months after the date of the
enactment of this subsection, the Secretary shall develop
guidelines for preparation of floodplain management plans by
non-Federal interests under subsection (b). Such guidelines
shall address potential measures, practices, and policies to
reduce loss of life, injuries, damages to property and
facilities, public expenditures, and other adverse impacts
associated with flooding and to preserve and enhance natural
floodplain values.
``(2) Limitation on statutory construction.--Nothing in this
subsection shall be construed to confer any regulatory authority
upon the Secretary or the Director of the Federal Emergency
Management Agency.
``(d) Technical Support.--The Secretary may provide technical
support to a non-Federal interest for a project to which subsection (a)
applies for the development and implementation of plans prepared under
subsection (b).''.
(2) <<NOTE: 33 USC 701b-12 note.>> Applicability.--The
amendment made by paragraph (1) shall apply to any project or
separable element thereof with respect to which the Secretary
and the non-Federal interest have not entered into a project
cooperation agreement on or before the date of the enactment of
this Act.
(d) <<NOTE: 33 USC 701b-11 note.>> Nonstructural Flood Control
Policy.--
(1) Review.--The Secretary shall conduct a review of
policies, procedures, and techniques relating to the evaluation
and development of flood control measures with a view toward
identifying impediments that may exist to justifying
nonstructural flood control measures as alternatives to
structural measures.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on the findings of the review conducted under this
subsection, together with any recommendations for modifying
existing law to remove any impediments identified under such
review.
(e) Emergency Response.--Section 5(a)(1) of the Act entitled ``An
Act authorizing the construction of certain public works on rivers and
harbors for flood control, and for other purposes'', approved August 18,
1941 (33 U.S.C. 701n(a)(1)), is amended by inserting before the first
semicolon the following: ``, or in implementation of nonstructural
alternatives to the repair or restoration of such flood control work if
requested by the non-Federal sponsor''.
(f) Levee Owners Manual.--Section 5 of such Act of August 18, 1941
(33 U.S.C. 701n), is amended by adding at the end the following:
``(c) Levee Owners Manual.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this subsection, in accordance with chapter 5
of title 5, United States Code, the Secretary of the Army
[[Page 110 STAT. 3676]]
shall prepare a manual describing the maintenance and upkeep
responsibilities that the Corps of Engineers requires of a non-
Federal interest in order for the non-Federal interest to
receive Federal assistance under this section. The Secretary
shall provide a copy of the manual at no cost to each non-
Federal interest that is eligible to receive Federal assistance
under this section.
``(2) Authorization of appropriations.--There is authorized
to be appropriated $1,000,000 to carry out this subsection.
``(3) Definitions.--In this subsection, the following
definitions apply:
``(A) Maintenance and upkeep.--The term `maintenance
and upkeep' means all maintenance and general upkeep of
a levee performed on a regular and consistent basis that
is not repair and rehabilitation.
``(B) Repair and rehabilitation.--The term `repair
and rehabilitation'--
``(i) means the repair or rebuilding of a
levee or other flood control structure, after the
structure has been damaged by a flood, to the
level of protection provided by the structure
before the flood; but
``(ii) does not include--
``(I) any improvement to the
structure; or
``(II) repair or rebuilding
described in clause (i) if, in the
normal course of usage, the structure
becomes structurally unsound and is no
longer fit to provide the level of
protection for which the structure was
designed.''.
(g) <<NOTE: 33 USC 701n note.>> Vegetation Management Guidelines.--
(1) Review.--The Secretary shall undertake a comprehensive
review of the current policy guidelines on vegetation management
for levees. The review shall examine current policies in view of
the varied interests in providing flood control, preserving,
protecting, and enhancing natural resources, protecting the
rights of Native Americans pursuant to treaty and statute, and
such other factors as the Secretary considers appropriate.
(2) Cooperation and consultation.--The review under this
section shall be undertaken in cooperation with interested
Federal agencies and in consultation with interested
representatives of State and local governments and the public.
(3) Revision of guidelines.--Based upon the results of the
review, the Secretary shall revise, not later than 270 days
after the date of the enactment of this Act, the policy
guidelines so as to provide a coherent and coordinated policy
for vegetation management for levees. Such revised guidelines
shall address regional variations in levee management and
resource needs and shall be incorporated in the manual proposed
under section 5(c) of such Act of August 18, 1941 (33 U.S.C.
701n).
(h) <<NOTE: 33 USC 701b note.>> Risk-Based Analysis Methodology.--
<<NOTE: Contracts.>> (1) In general.--The Secretary shall
enter into an agreement with the National Academy of Sciences to
conduct a study of the Corps of Engineers' use of risk-based
analysis for the evaluation of hydrology, hydraulics, and
economics in flood damage reduction studies. The study shall
include--
[[Page 110 STAT. 3677]]
(A) an evaluation of the impact of risk-based
analysis on project formulation, project economic
justification, and minimum engineering and safety
standards; and
(B) a review of studies conducted using risk-based
analysis to determine--
(i) the scientific validity of applying risk-
based analysis in these studies; and
(ii) the impact of using risk-based analysis
as it relates to current policy and procedures of
the Corps of Engineers.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the results of the study under paragraph (1), as well
as such recommendations as the Secretary considers appropriate.
(3) Limitation on use of methodology.--During the period
beginning on the date of the enactment of this Act and ending 18
months after that date, if requested by a non-Federal interest,
the Secretary shall refrain from using any risk-based technique
required under the studies described in paragraph (1) for the
evaluation and design of a project.
(4) Authorization of appropriations.--There is authorized to
be appropriated $250,000 to carry out this subsection.
SEC. 203. COST SHARING FOR FEASIBILITY STUDIES.
(a) Non-Federal Share.--Section 105(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2215(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Cost sharing.--
``(A) In general.--The Secretary shall not initiate
any feasibility study for a water resources project
after November 17, 1986, until appropriate non-Federal
interests agree, by contract, to contribute 50 percent
of the cost of the study.
``(B) Payment of cost share during period of
study.--During the period of the study, the non-Federal
share of the cost of the study payable under
subparagraph (A) shall be 50 percent of the sum of--
``(i) the cost estimate for the study as
contained in the feasibility cost-sharing
agreement; and
``(ii) any excess of the cost of the study
over the cost estimate if the excess results
from--
``(I) a change in Federal law; or
``(II) a change in the scope of the
study requested by the non-Federal
interests.
``(C) Payment of cost share on authorization of
project or termination of study.--
``(i) Project timely authorized.--Except as
otherwise agreed to by the Secretary and the non-
Federal interests and subject to clause (ii), the
non-Federal share of any excess of the cost of the
study over the cost estimate (excluding any excess
cost described in subparagraph (B)(ii)) shall be
payable on the date on which the Secretary and the
non-Federal interests enter into an agreement
pursuant to section 101(e) or 103(j) with respect
to the project.
[[Page 110 STAT. 3678]]
``(ii) Project not timely authorized.--If the
project that is the subject of the study is not
authorized by the date that is 5 years after the
completion of the final report of the Chief of
Engineers concerning the study or the date that is
2 years after the termination of the study, the
non-Federal share of any excess of the cost of the
study over the cost estimate (excluding any excess
cost described in subparagraph (B)(ii)) shall be
payable to the United States on that date.
``(D) Amendment of cost estimate.--The cost estimate
referred to in subparagraph (B)(i) may be amended only
by agreement of the Secretary and the non-Federal
interests.
``(E) In-kind contributions.--Not more than \1/2\ of
the non-Federal share required under this paragraph may
be satisfied by the provision of services, materials,
supplies, or other in-kind services necessary to prepare
the feasibility report.''; and
(2) in paragraph (2) by striking ``(2) This subsection'' and
inserting the following:
``(2) Applicability.--This subsection''.
(b) <<NOTE: 33 USC 2215 note.>> Applicability.--The amendments made
by subsection (a) shall apply notwithstanding any feasibility cost-
sharing agreement entered into by the Secretary and the non-Federal
interests. On request of the non-Federal interest, the Secretary shall
amend any feasibility cost-sharing agreements in effect on the date of
the enactment of this Act so as to conform the agreements with the
amendments.
(c) <<NOTE: 33 USC 2215 note.>> No Requirement of Reimbursement.--
Nothing in this section or any amendment made by this section requires
the Secretary to reimburse the non-Federal interests for funds
previously contributed for a study.
SEC. 204. RESTORATION OF ENVIRONMENTAL QUALITY.
(a) Review of Projects.--Section 1135(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a(a)) is amended--
(1) by striking ``the operation of''; and
(2) by inserting before the period at the end the following:
``and to determine if the operation of such projects has
contributed to the degradation of the quality of the
environment''.
(b) Program of Projects.--Section 1135(b) of such Act is amended by
striking the last 2 sentences.
(c) Restoration of Environmental Quality.--Section 1135 of such Act
is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) Restoration of Environmental Quality.--If the Secretary
determines that construction of a water resources project by the
Secretary or operation of a water resources project constructed by the
Secretary has contributed to the degradation of the quality of the
environment, the Secretary may undertake measures for restoration of
environmental quality and measures for enhancement of environmental
quality that are associated with the restoration, through modifications
either at the project site or at other locations that have been affected
by the construction
[[Page 110 STAT. 3679]]
or operation of the project, if such measures do not conflict with the
authorized project purposes.
``(d) Non-Federal Share; Limitation on Maximum Federal
Expenditure.--The non-Federal share of the cost of any modifications or
measures carried out or undertaken pursuant to subsection (b) or (c)
shall be 25 percent. Not more than 80 percent of the non-Federal share
may be in kind, including a facility, supply, or service that is
necessary to carry out the modification or measure. Not more than
$5,000,000 in Federal funds may be expended on any single modification
or measure carried out or undertaken pursuant to this section.''; and
(3) in subsection (f) (as so redesignated) by striking
``program conducted under subsection (b)'' and inserting
``programs conducted under subsections (b) and (c)''.
(d) Definition.--Section 1135 of such Act (as amended by subsection
(c)(1) of this section) is amended by adding at the end the following:
``(h) Definition.--In this section, the term `water resources
project constructed by the Secretary' includes a water resources project
constructed or funded jointly by the Secretary and the head of any other
Federal agency (including the Natural Resources Conservation
Service).''.
SEC. 205. ENVIRONMENTAL DREDGING.
Section 312 of the Water Resources Development Act of 1990 (33
U.S.C. 1252 note; 104 Stat. 4639-4640) is amended--
(1) in each of subsections (a), (b), and (c) by inserting
``and remediate'' after ``remove'' each place it appears;
(2) in subsection (b)--
(A) in paragraph (1) by inserting ``and
remediation'' after ``removal'' each place it appears;
and
(B) in paragraph (2) by striking ``$10,000,000'' and
inserting ``$20,000,000''; and
(3) by striking subsection (f) and inserting the following:
``(f) Priority Work.--In carrying out this section, the Secretary
shall give priority to work in the following areas:
``(1) Brooklyn Waterfront, New York.
``(2) Buffalo Harbor and River, New York.
``(3) Ashtabula River, Ohio.
``(4) Mahoning River, Ohio.
``(5) Lower Fox River, Wisconsin.''.
SEC. 206. <<NOTE: 22 USC 2330.>> AQUATIC ECOSYSTEM RESTORATION.
(a) General Authority.--The Secretary may carry out an aquatic
ecosystem restoration and protection project if the Secretary determines
that the project--
(1) will improve the quality of the environment and is in
the public interest; and
(2) is cost-effective.
(b) Cost Sharing.--Non-Federal interests shall provide 35 percent of
the cost of construction of any project carried out under this section,
including provision of all lands, easements, rights-of-way, and
necessary relocations.
(c) Agreements.--Construction of a project under this section shall
be initiated only after a non-Federal interest has entered into a
binding agreement with the Secretary to pay the non-Federal share of the
costs of construction required by this section and to pay 100 percent of
any operation, maintenance, and replacement
[[Page 110 STAT. 3680]]
and rehabilitation costs with respect to the project in accordance with
regulations prescribed by the Secretary.
(d) Cost Limitation.--Not more than $5,000,000 in Federal funds may
be allotted under this section for a project at any single locality.
(e) Funding.--There is authorized to be appropriated to carry out
this section $25,000,000 for each fiscal year.
SEC. 207. BENEFICIAL USES OF DREDGED MATERIAL.
Section 204 of the Water Resources Development Act of 1992 (33
U.S.C. 2326; 106 Stat. 4826) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Selection of Dredged Material Disposal Method.--In developing
and carrying out a project for navigation involving the disposal of
dredged material, the Secretary may select, with the consent of the non-
Federal interest, a disposal method that is not the least-cost option if
the Secretary determines that the incremental costs of such disposal
method are reasonable in relation to the environmental benefits,
including the benefits to the aquatic environment to be derived from the
creation of wetlands and control of shoreline erosion. The Federal share
of such incremental costs shall be determined in accordance with
subsection (c).''.
SEC. 208. RECREATION POLICY AND USER FEES.
(a) <<NOTE: 16 USC 460d note.>> Recreation Policy.--
(1) In general.--The Secretary shall provide increased
emphasis on, and opportunities for recreation at, water
resources projects operated, maintained, or constructed by the
Corps of Engineers.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on specific measures taken to implement this
subsection.
(b) User Fees.--
(1) In general.--Section 210(b)(4) of the Flood Control Act
of 1968 (16 U.S.C. 460d-3(b)(4)) is amended by inserting before
the period at the end the following: ``and, subject to the
availability of appropriations, shall be used for the purposes
specified in section 4(i)(3) of such Act at the water resources
development project at which the fees were collected''.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall prepare and submit to
the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives a report, with respect to fiscal years 1995
and 1996, on--
(A) the amount of day-use fees collected under
section 210(b) of the Flood Control Act of 1968 (16
U.S.C. 460d-3(b)) at each water resources development
project; and
(B) the administrative costs associated with the
collection of the day-use fees at each water resources
development project.
(c) <<NOTE: 16 USC 460d-3 note.>> Alternative to Annual Passes.--
(1) In general.--The Secretary shall evaluate the
feasibility of implementing an alternative to the $25 annual
pass that the Secretary currently offers to users of recreation
facilities at water resources projects of the Corps of
Engineers.
[[Page 110 STAT. 3681]]
(2) Annual pass.--The evaluation under paragraph (1) shall
include the establishment on a test basis of an annual pass that
costs $10 or less for the use of recreation facilities,
including facilities at Raystown Lake, Pennsylvania.
(3) Report.--Not later than December 31, 1999, the Secretary
shall transmit to Congress a report on the results of the
evaluation carried out under this subsection, together with
recommendations concerning whether annual passes for individual
projects should be offered on a nationwide basis.
(4) Expiration of authority.--The authority to establish an
annual pass under paragraph (2) shall expire on the later of
December 31, 1999, or the date of transmittal of the report
under paragraph (3).
SEC. 209. <<NOTE: 42 USC 9607 note.>> RECOVERY OF COSTS.
Amounts 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 Department of the Army and any other
amounts recovered by the Secretary from a contractor, insurer, surety,
or other person to reimburse the Department of the Army for any
expenditure for environmental response activities in support of the Army
civil works program shall be credited to the appropriate trust fund
account from which the cost of such response action has been paid or
will be charged.
SEC. 210. COST SHARING FOR ENVIRONMENTAL PROJECTS.
(a) In General.--Section 103(c) of the Water Resources Development
Act of 1986 (33 U.S.C. 2213(c); 100 Stat. 4085) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by inserting after paragraph (6) the following:
``(7) environmental protection and restoration: 35 percent;
except that nothing in this paragraph shall affect or limit the
applicability of section 906.''.
(b) <<NOTE: 33 USC 2213 note.>> Applicability.--The amendments made
by subsection (a) apply only to projects authorized after the date of
the enactment of this Act.
SEC. 211. <<NOTE: 33 USC 701b-13.>> CONSTRUCTION OF FLOOD CONTROL
PROJECTS BY NON-FEDERAL INTERESTS.
(a) Authority.--Non-Federal interests are authorized to undertake
flood control projects in the United States, subject to obtaining any
permits required pursuant to Federal and State laws in advance of actual
construction.
(b) Studies and Design Activities.--
(1) By non-federal interests.--A non-Federal interest may
prepare, for review and approval by the Secretary, the necessary
studies and design documents for any construction to be
undertaken pursuant to subsection (a).
(2) By secretary.--Upon request of an appropriate non-
Federal interest, the Secretary may undertake all necessary
studies and design activities for any construction to be
undertaken pursuant to subsection (a) and provide technical
assistance in obtaining all necessary permits for such
construction if the non-Federal interest contracts with the
Secretary to provide to the United States funds for the studies
and design
[[Page 110 STAT. 3682]]
activities during the period in which the studies and design
activities will be conducted.
(c) Completion of Studies and Design Activities.--In the case of any
study or design documents for a flood control project that were
initiated before the date of the enactment of this Act, the Secretary
may complete and transmit to the appropriate non-Federal interests the
study or design documents or, upon the request of such non-Federal
interests, terminate the study or design activities and transmit the
partially completed study or design documents to such non-Federal
interests for completion. Studies and design documents subject to this
subsection shall be completed without regard to the requirements of
subsection (b).
(d) Authority To Carry Out Improvement.--
(1) In general.--Any non-Federal interest that has received
from the Secretary pursuant to subsection (b) or (c) a favorable
recommendation to carry out a flood control project, or
separable element of a flood control project, based on the
results of completed studies and design documents for the
project or element may carry out the project or element if a
final environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has
been filed for the project or element.
(2) Permits.--Any plan of improvement proposed to be
implemented in accordance with this subsection shall be deemed
to satisfy the requirements for obtaining the appropriate
permits required under the Secretary's authority. Such permits
shall be granted subject to the non-Federal interest's
acceptance of the terms and conditions of such permits if the
Secretary determines that the applicable regulatory criteria and
procedures have been satisfied.
(3) Monitoring.--The Secretary shall monitor any project for
which a permit is granted under this subsection in order to
ensure that such project is constructed, operated, and
maintained in accordance with the terms and conditions of such
permit.
(e) Reimbursement.--
(1) General rule.--Subject to appropriations Acts, the
Secretary may reimburse any non-Federal interest an amount equal
to the estimate of the Federal share, without interest, of the
cost of any authorized flood control project, or separable
element of a flood control project, constructed pursuant to this
section--
(A) if, after authorization and before initiation of
construction of the project or separable element, the
Secretary approves the plans for construction of such
project by the non-Federal interest; and
(B) if the Secretary finds, after a review of
studies and design documents prepared pursuant to this
section, that construction of the project or separable
element is economically justified and environmentally
acceptable.
(2) Special rules.--
(A) Reimbursement.--For work (including work
associated with studies, planning, design, and
construction) carried out by a non-Federal interest with
respect to a project described in subsection (f), the
Secretary shall, subject to amounts being made available
in advance in appropriations Acts, reimburse, without
interest, the non-Federal
[[Page 110 STAT. 3683]]
interest an amount equal to the estimated Federal share
of the cost of such work if such work is later
recommended by the Chief of Engineers and approved by
the Secretary.
(B) Credit.--If the non-Federal interest for a
project described in subsection (f) carries out work
before completion of a reconnaissance study by the
Secretary and if such work is determined by the
Secretary to be compatible with the project later
recommended by the Secretary, the Secretary shall credit
the non-Federal interest for its share of the cost of
the project for such work.
(3) Matters to be considered in reviewing plans.--In
reviewing plans under this subsection, the Secretary shall
consider budgetary and programmatic priorities and other factors
that the Secretary considers appropriate.
(4) Monitoring.--The Secretary shall regularly monitor and
audit any project for flood control approved for construction
under this section by a non-Federal interest to ensure that such
construction is in compliance with the plans approved by the
Secretary and that the costs are reasonable.
(5) Limitation on reimbursements.--The Secretary may not
make any reimbursement under this section until the Secretary
determines that the work for which reimbursement is requested
has been performed in accordance with applicable permits and
approved plans.
(f) Specific Projects.--For the purpose of demonstrating the
potential advantages and effectiveness of non-Federal implementation of
flood control projects, the Secretary shall enter into agreements
pursuant to this section with non-Federal interests for
development of the following flood control projects by such interests:
(1) Berryessa creek, california.--The Berryessa Creek
element of the project for flood control, Coyote and Berryessa
Creeks, California, authorized by section 101(a)(5) of the Water
Resources Development Act of 1990 (104 Stat. 4606); except that,
subject to the approval of the Secretary as provided by this
section, the non-Federal interest may design and construct an
alternative to such element.
(2) Los angeles county drainage area, california.--The
project for flood control, Los Angeles County Drainage Area,
California, authorized by section 101(b) of the Water Resources
Development Act of 1990 (104 Stat. 4611).
(3) Stockton metropolitan area, california.--The project for
flood control, Stockton Metropolitan Area, California.
(4) Upper guadalupe river, california.--The project for
flood control, Upper Guadalupe River, California.
(5) 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 (106 Stat. 4803).
(6) Brays bayou, texas.--Flood control components comprising
the Brays Bayou element of the project for flood control,
Buffalo Bayou and tributaries, Texas, authorized by section
101(a)(21) of the Water Resources Development Act of 1990 (104
Stat. 4610); except that, subject to the approval of the
Secretary as provided by this section, the non-Federal interest
may design and construct an alternative to the diversion
component of such element.
[[Page 110 STAT. 3684]]
(7) Hunting bayou, texas.--The Hunting Bayou element of the
project for flood control, Buffalo Bayou and tributaries, Texas,
authorized by such section; except that, subject to the approval
of the Secretary as provided by this section, the non-Federal
interest may design and construct an alternative to such
element.
(8) White oak bayou, texas.--The project for flood control,
White Oak Bayou watershed, Texas.
(g) Treatment of Flood Damage Prevention Measures.--For the purposes
of this section, flood damage prevention measures at or in the vicinity
of Morgan City and Berwick, Louisiana, shall be treated as an authorized
separable element of the Atchafalaya Basin feature of the project for
flood control, Mississippi River and Tributaries.
SEC. 212. <<NOTE: 33 USC 2313a.>> ENGINEERING AND ENVIRONMENTAL
INNOVATIONS OF NATIONAL SIGNIFICANCE.
(a) Surveys, Plans, and Studies.--To encourage innovative and
environmentally sound engineering solutions and innovative environmental
solutions to problems of national significance, the Secretary may
undertake surveys, plans, and studies and prepare reports that may lead
to work under existing civil works authorities or to recommendations for
authorizations.
(b) Funding.--
(1) Authorization of appropriations.--There is authorized to
be appropriated to carry out this section $1,000,000 for each of
fiscal years 1997 through 2000.
(2) Funding from other sources.--The Secretary may accept
and expend additional funds from other Federal agencies, States,
or non-Federal entities for purposes of carrying out this
section.
SEC. 213. <<NOTE: 33 USC 576b.>> LEASE AUTHORITY.
Notwithstanding any other provision of law, the Secretary may lease
space available in buildings for which funding for construction or
purchase was provided from the revolving fund established by the 1st
section of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576;
67 Stat. 199), under such terms and conditions as are acceptable to the
Secretary. The proceeds from such leases shall be credited to the
revolving fund for the purposes set forth in such Act.
SEC. 214. COLLABORATIVE RESEARCH AND DEVELOPMENT.
(a) Funding From Other Federal Sources.--Section 7 of the Water
Resources Development Act of 1988 (33 U.S.C. 2313; 102 Stat. 4022-4023)
is amended--
(1) in subsection (a) by inserting ``civil works'' before
``mission''; and
(2) by striking subsection (e) and inserting the following:
``(e) Funding From Other Federal Sources.--The Secretary may accept
and expend additional funds from other Federal programs, including other
Department of Defense programs, to carry out this section.''.
(b) Pre-Agreement Temporary Protection of Technology.--Section 7 of
such Act is amended--
(1) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively;
(2) by inserting after subsection (a) the following:
[[Page 110 STAT. 3685]]
``(b) Pre-Agreement Temporary Protection of Technology.--
``(1) In general.--If the Secretary determines that
information developed as a result of research and development
activities conducted by the Corps of Engineers is likely to be
subject to a cooperative research and development agreement
within 2 years of its development and that such information
would be a trade secret or commercial or financial information
that would be privileged or confidential if the information had
been obtained from a non-Federal party participating in a
cooperative research and development agreement under section 12
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a), the Secretary may provide appropriate protection
against the dissemination of such information, including
exemption from subchapter II of chapter 5 of title 5, United
States Code, until the earlier of the date the Secretary enters
into such an agreement with respect to such technology or the
last day of the 2-year period beginning on the date of such
determination.
``(2) Treatment.--Any technology covered by this section
that becomes the subject of a cooperative research and
development agreement shall be accorded the protection provided
under section 12(c)(7)(B) of such Act (15 U.S.C. 3710a(c)(7)(B))
as if such technology had been developed under a cooperative
research and development agreement.''; and
(3) in subsection (d) (as so redesignated) by striking
``(b)'' and inserting ``(c)''.
SEC. 215. NATIONAL DAM SAFETY PROGRAM.
(a) <<NOTE: 33 USC 467 note.>> Purpose.--The purpose of this
section is to reduce the risks to life and property from dam failure in
the United States through the establishment and maintenance of an
effective national dam safety program to bring together the expertise
and resources of the Federal and non-Federal communities in achieving
national dam safety hazard reduction. It is not the intent of this
section to preempt any other Federal or State authorities nor is it the
intent of this section to mandate State participation in the grant
assistance program to be established under this section.
(b) <<NOTE: 33 USC 467 note.>> Effect on Other Dam Safety
Programs.--Nothing in this section (including the amendments made by
this section) shall preempt or otherwise affect any dam safety program
of a Federal agency other than the Federal Emergency Management Agency,
including any program that regulates, permits, or licenses any activity
affecting a dam.
(c) Dam Safety Program.--The Act entitled ``An Act to authorize the
Secretary of the Army to undertake a national program of inspection of
dams'', approved August 8, 1972 (33 U.S.C 467 et seq.; Public Law 92-
367), is amended--
(1) by striking the 1st section <<NOTE: 33 USC 467.>> and
inserting the following:
``SECTION 1. <<NOTE: 33 USC 467 note.>> SHORT TITLE.
``This Act may be cited as the `National Dam Safety Program Act'.'';
(2) <<NOTE: 33 USC 467d-467m.>> by striking sections 5
through 14;
(3) <<NOTE: 33 USC 467a-467c.>> by redesignating sections
2, 3, and 4 as sections 3, 4, and 5, respectively;
(4) by inserting after section 1 (as amended by paragraph
(1) of this subsection) the following:
[[Page 110 STAT. 3686]]
``SEC. 2. <<NOTE: 33 USC 467.>> DEFINITIONS.
``In this Act, the following definitions apply:
``(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.
[[Page 110 STAT. 3687]]
``(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 <<NOTE: 33 USC 467a.>> (as redesignated by
paragraph (3) of this subsection)--
(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 <<NOTE: 33 USC 467b.>> (as redesignated by
paragraph (3) of this subsection) by striking ``Sec. 4. As'' and
inserting the following:
``SEC. 4. INVESTIGATION REPORTS TO GOVERNORS.
``As'';
(7) in section 5 <<NOTE: 33 USC 467c.>> (as redesignated by
paragraph (3) of this subsection) by striking ``Sec. 5. For''
and inserting the following:
``SEC. 5. DETERMINATION OF DANGER TO HUMAN LIFE AND PROPERTY.
``For''; and
(8) by inserting after section 5 (as redesignated by
paragraph (3) of this subsection) the following:
``SEC. 6. <<NOTE: 33 USC 467d.>> 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. <<NOTE: 33 USC 467e.>> 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--
[[Page 110 STAT. 3688]]
``(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. <<NOTE: 33 USC 467f.>> 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 the
enactment of this paragraph, develop the implementation plan
described in subsection (e);
``(2) not later than 300 days after the date of the
enactment of this paragraph, submit to the appropriate
authorizing committees of Congress the implementation plan
described in subsection (e); and
``(3) <<NOTE: Regulations.>> by regulation, not later than
360 days after the date of the 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.--
[[Page 110 STAT. 3689]]
``(1) In general.--The Program shall consist of--
``(A) a Federal element and a non-Federal element;
and
``(B) leadership activity, technical assistance
activity, and public awareness activity.
``(2) Elements.--
``(A) Federal.--The Federal element shall
incorporate the activities and practices carried out by
Federal agencies under section 7 to implement the
Federal Guidelines for Dam Safety.
``(B) Non-federal.--The non-Federal element shall
consist of--
``(i) the activities and practices carried out
by States, local governments, and the private
sector to safely build, regulate, operate, and
maintain dams; and
``(ii) Federal activities that foster State
efforts to develop and implement effective
programs for the safety of dams.
``(3) Functional activities.--
``(A) Leadership.--The leadership activity shall be
the responsibility of FEMA and shall be exercised by
chairing ICODS to coordinate Federal efforts in
cooperation with State dam safety officials.
``(B) Technical assistance.--The technical
assistance activity shall consist of the transfer of
knowledge and technical information among the Federal
and non-Federal elements described in paragraph (2).
``(C) Public awareness.--The public awareness
activity shall provide for the education of the public,
including State and local officials, in the hazards of
dam failure, methods of reducing the adverse
consequences of dam failure, and related matters.
``(e) Implementation Plan.--The Director shall--
``(1) develop an implementation plan for the Program that
shall set, through fiscal year 2002, 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 and budgeting requirement.--For a State to be
eligible for primary assistance under this subsection,
[[Page 110 STAT. 3690]]
a State dam safety program must be working toward meeting the
following criteria and budgeting requirement, and for a State to
be eligible for advanced assistance under this subsection, a
State dam safety program must meet the following criteria and
budgeting requirement and be working toward meeting the advanced
requirements and standards established under paragraph (1)(B):
``(A) Criteria.--For a State to be eligible for
assistance under this subsection, a State dam safety
program must be authorized by State legislation to
include substantially, at a minimum--
``(i) the authority to review and approve
plans and specifications to construct, enlarge,
modify, remove, and abandon dams;
``(ii) the authority to perform periodic
inspections during dam construction to ensure
compliance with approved plans and specifications;
``(iii) a requirement that, on completion of
dam construction, State approval must be given
before operation of the dam;
``(iv)(I) the authority to require or perform
the inspection, at least once every 5 years, of
all dams and reservoirs that would pose a
significant threat to human life and property in
case of failure to determine the continued safety
of the dams and reservoirs; and
``(II) a procedure for more detailed and
frequent safety inspections;
``(v) a requirement that all inspections be
performed under the supervision of a State-
registered professional engineer with related
experience in dam design and construction;
``(vi) the authority to issue notices, when
appropriate, to require owners of dams to perform
necessary maintenance or remedial work, revise
operating procedures, or take other actions,
including breaching dams when necessary;
``(vii) regulations for carrying out the
legislation of the State described in this
subparagraph;
``(viii) provision for necessary funds--
``(I) to ensure timely repairs or
other changes to, or removal of, a dam
in order to protect human life and
property; and
``(II) if the owner of the dam does
not take action described in subclause
(I), to take appropriate action as
expeditiously as practicable;
``(ix) a system of emergency procedures to be
used if a dam fails or if the failure of a dam is
imminent; and
``(x) an identification of--
``(I) each dam the failure of which
could be reasonably expected to endanger
human life;
``(II) the maximum area that could
be flooded if the dam failed; and
``(III) necessary public facilities
that would be affected by the flooding.
[[Page 110 STAT. 3691]]
``(B) Budgeting requirement.--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) <<NOTE: Contracts.>> 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 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 such 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 for
approval.
``(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 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;
[[Page 110 STAT. 3692]]
``(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. <<NOTE: 33 USC 467g.>> 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. <<NOTE: 33 USC 467h.>> REPORTS.
``(a) Report on Dam Insurance.--Not later than 180 days after the
date of the 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.
[[Page 110 STAT. 3693]]
``SEC. 11. <<NOTE: 33 USC 467i.>> STATUTORY CONSTRUCTION.
``Nothing in this Act and no action or failure to act under this Act
shall--
``(1) create any liability in the United States or its
officers or employees for the recovery of damages caused by such
action or failure to act;
``(2) relieve an owner or operator of a dam of the legal
duties, obligations, or liabilities incident to the ownership or
operation of the dam; or
``(3) preempt any other Federal or State law.
``SEC. 12. <<NOTE: 33 USC 467j.>> AUTHORIZATION OF APPROPRIATIONS.
``(a) National Dam Safety Program.--
``(1) 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
subsections (b) through (e)), $1,000,000 for fiscal year 1998,
$2,000,000 for fiscal year 1999, $4,000,000 for fiscal year
2000, $4,000,000 for fiscal year 2001, and $4,000,000 for fiscal
year 2002.
``(2) Allocation.--
``(A) In general.--Subject to subparagraphs (B) and
(C), for each fiscal year, amounts made available under
this subsection 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--
``(I) 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
``(II) the number of dams in all
States that are listed as State-
regulated dams on the inventory of dams
maintained under section 6.
``(B) Maximum amount of allocation.--The amount of
funds allocated to a State under this paragraph may not
exceed 50 percent of the reasonable cost of implementing
the State dam safety program.
``(C) 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).
``(b) National Dam Inventory.--There is authorized to be
appropriated to carry out section 6 $500,000 for each fiscal year.
``(c) Dam Safety Training.--There is authorized to be appropriated
to carry out section 8(g) $500,000 for each of fiscal years 1998 through
2002.
``(d) Research.--There is authorized to be appropriated to carry out
section 9 $1,000,000 for each of fiscal years 1998 through 2002.
``(e) 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 1998 through
2002.
[[Page 110 STAT. 3694]]
``(f) 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); 108 Stat. 1560) is amended by striking
``the first section of Public Law 92-367 (33 U.S.C. 467)'' and inserting
``section 2 of the National Dam Safety Program Act''.
SEC. 216. <<NOTE: 33 USC 2321a.>> HYDROELECTRIC POWER PROJECT UPRATING.
(a) In General.--In carrying out the maintenance, rehabilitation,
and modernization of a hydroelectric power generating facility at a
water resources project under the jurisdiction of the Department of the
Army, the Secretary may take, to the extent funds are made available in
appropriations Acts, such actions as are necessary to increase the
efficiency of energy production or the capacity of the facility, or
both, if, after consulting with the heads of other appropriate Federal
and State agencies, the Secretary determines that the increase--
(1) is economically justified and financially feasible;
(2) will not result in any significant adverse effect on the
other purposes for which the project is authorized;
(3) will not result in significant adverse environmental
impacts;
(4) will not involve major structural or operational changes
in the project; and
(5) will not adversely affect the use, management, or
protection of existing Federal, State, or tribal water rights.
(b) Consultation.--Before proceeding with the proposed uprating
under subsection (a), the Secretary shall provide affected State,
tribal, and Federal agencies with a copy of the proposed determinations
under subsection (a). If the agencies submit comments, the Secretary
shall accept those comments or respond in writing to any objections
those agencies raise to the proposed determinations.
(c) Effect on Other Authority.--This section shall not affect the
authority of the Secretary and the Administrator of the Bonneville Power
Administration under section 2406 of the Energy Policy Act of 1992 (16
U.S.C. 839d-1; 106 Stat. 3099).
SEC. 217. <<NOTE: 33 USC 2326a.>> DREDGED MATERIAL DISPOSAL FACILITY
PARTNERSHIPS.
(a) Additional Capacity.--
(1) Provided by secretary.--At the request of a non-Federal
interest with respect to a project, the Secretary may provide
additional capacity at a dredged material disposal facility
constructed by the Secretary beyond the capacity that would be
required for project purposes if the non-Federal interest agrees
to pay, during the period of construction, all costs associated
with the construction of the additional capacity.
(2) Cost recovery authority.--The non-Federal interest may
recover the costs assigned to the additional capacity through
fees assessed on third parties whose dredged material is
deposited at the facility and who enter into agreements with the
non-Federal interest for the use of the facility. The amount of
such fees may be determined by the non-Federal interest.
(b) Non-Federal Use of Disposal Facilities.--
(1) In general.--The Secretary--
[[Page 110 STAT. 3695]]
(A) may permit the use of any dredged material
disposal facility under the jurisdiction of, or managed
by, the Secretary by a non-Federal interest if the
Secretary determines that such use will not reduce the
availability of the facility for project purposes; and
(B) may impose fees to recover capital, operation,
and maintenance costs associated with such use.
(2) Use of fees.--Notwithstanding section 401(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1341(c)) but
subject to advance appropriations, any monies received through
collection of fees under this subsection shall be available to
the Secretary, and shall be used by the Secretary, for the
operation and maintenance of the disposal facility from which
the fees were collected.
(c) Public-Private Partnerships.--
(1) In general.--The Secretary may carry out a program to
evaluate and implement opportunities for public-private
partnerships in the design, construction, management, or
operation of dredged material disposal facilities in connection
with construction or maintenance of Federal navigation projects.
If a non-Federal interest is a sponsor of the project, the
Secretary shall consult with the non-Federal interest in
carrying out the program with respect to the project.
(2) Private financing.--
(A) Agreements.--In carrying out this subsection,
the Secretary may enter into an agreement with a non-
Federal interest with respect to a project, a private
entity, or both for the acquisition, design,
construction, management, or operation of a dredged
material disposal facility (including any facility used
to demonstrate potential beneficial uses of dredged
material) using funds provided in whole or in part by
the private entity.
(B) Reimbursement.--If any funds provided by a
private entity are used to carry out a project under
this subsection, the Secretary may reimburse the private
entity over a period of time agreed to by the parties to
the agreement through the payment of subsequent user
fees. Such fees may include the payment of a disposal or
tipping fee for placement of suitable dredged material
at the facility.
(C) Amount of fees.--User fees paid pursuant to
subparagraph (B) shall be sufficient to repay funds
contributed by the private entity plus a reasonable
return on investment approved by the Secretary in
cooperation with the non-Federal interest with respect
to the project and the private entity.
(D) Federal share.--The Federal share of such fees
shall be equal to the percentage of the total cost that
would otherwise be borne by the Federal Government as
required pursuant to existing cost-sharing requirements,
including section 103 of the Water Resources Development
Act of 1986 (33 U.S.C. 2213) and section 204 of the
Water Resources Development Act of 1992 (33 U.S.C.
2325).
(E) Budget act compliance.--Any spending authority
(as defined in section 401(c)(2) of the Congressional
Budget Act of 1974 (2 U.S.C. 651(c)(2))) authorized by
this section
[[Page 110 STAT. 3696]]
shall be effective only to such extent and in such
amounts as are provided in appropriation Acts.
SEC. 218. OBSTRUCTION REMOVAL REQUIREMENT.
(a) Penalty.--Section 16 of the Act entitled ``An Act making
appropriations for the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes'', approved
March 3, 1899 (33 U.S.C. 411; 30 Stat. 1153), <<NOTE: 33 USC 411,
412.>> is amended--
(1) by striking ``thirteen, fourteen, and fifteen'' each
place it appears and inserting ``13, 14, 15, 19, and 20''; and
(2) by striking ``not exceeding twenty-five hundred dollars
nor less than five hundred dollars'' and inserting ``of up to
$25,000 per day''.
(b) General Authority.--Section 20 of such Act (33 U.S.C. 415) is
amended--
(1) in subsection (a) by striking ``expense'' the 1st place
it appears and inserting ``actual expense, including
administrative expenses,'';
(2) in subsection (b) by striking ``cost'' and inserting
``actual cost, including administrative costs,'';
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following:
``(b) Removal Requirement.--Not later than 24 hours after the
Secretary of the Department in which the Coast Guard is operating issues
an order to stop or delay navigation in any navigable waters of the
United States because of conditions related to the sinking or grounding
of a vessel, the owner or operator of the vessel, with the approval of
the Secretary of the Army, shall begin removal of the vessel using the
most expeditious removal method available or, if appropriate, secure the
vessel pending removal to allow navigation to resume. If the owner or
operator fails to begin removal or to secure the vessel pending removal
or fails to complete removal on an expedited basis, the Secretary of the
Army shall remove or destroy the vessel using the summary removal
procedures under subsection (a).''.
SEC. 219. SMALL PROJECT AUTHORIZATIONS.
Section 14 of the Act entitled ``An Act authorizing the
construction, repair, and preservation of certain public works on rivers
and harbors, and for other purposes'', approved July 24, 1946 (33 U.S.C.
701r), is amended--
(1) by striking ``$12,500,000'' and inserting
``$15,000,000''; and
(2) by striking ``$500,000'' and inserting ``$1,000,000''.
SEC. 220. UNECONOMICAL COST-SHARING REQUIREMENTS.
Section 221(a) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(a)) is amended by striking the period at the end of the 1st sentence
and inserting 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 and are less than $25,000.''.
[[Page 110 STAT. 3697]]
SEC. 221. 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, or
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. 222. CORPS OF ENGINEERS EXPENSES.
Section 211 of the Flood Control Act of 1950 (33 U.S.C. 701u; 64
Stat. 183) is amended--
(1) by striking ``continental limits of the''; and
(2) by striking the 2d colon and all that follows through
``for this purpose''.
SEC. 223. STATE AND FEDERAL AGENCY REVIEW PERIOD.
Paragraph (a) of the 1st section of the Act entitled ``An Act
authorizing the construction of certain public works on rivers and
harbors for flood control, and other purposes'', approved December 22,
1944 (33 U.S.C. 701-1(a); 58 Stat. 888), is amended--
(1) by striking ``Within ninety'' and inserting ``Within
30''; and
(2) by striking ``ninety-day period.'' and inserting ``30-
day period.''.
SEC. 224. 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 final period.
(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 Authority 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 the
enactment of this Act.
SEC. 225. MELALEUCA.
Section 104(a) of the River and Harbor Act of 1958 (33 U.S.C.
610(a)) is amended by inserting ``melaleuca,'' after ``milfoil,''.
SEC. 226. SEDIMENTS DECONTAMINATION TECHNOLOGY.
(a) Project Purpose.--Section 405(a) of the Water Resources
Development Act of 1992 (33 U.S.C. 2239 note; 106 Stat. 4863) is amended
by adding at the end the following:
``(3) Project purpose.--The purpose of the project to be
carried out under this section is to provide for the development
of 1 or more sediment decontamination technologies on a pilot
[[Page 110 STAT. 3698]]
scale demonstrating a capacity of at least 500,000 cubic yards
per year.''.
(b) Authorization of Appropriations.--The 1st sentence of section
405(c) of such Act <<NOTE: 33 USC 2239 note.>> is amended to read as
follows: ``There is authorized to be appropriated to carry out this
section $10,000,000.''.
(c) Reports.--Section 405 of such Act is amended by adding at the
end the following:
``(d) Reports.--Not later than September 30, 1998, and periodically
thereafter, the Administrator and the Secretary shall transmit to
Congress a report on the results of the project to be carried out under
this section, including an assessment of the progress made in achieving
the purpose of the project set forth in subsection (a)(3).''.
SEC. 227. SHORE PROTECTION.
(a) Declaration of Policy.--Subsection (a) of the 1st section of the
Act entitled ``An Act authorizing Federal participation in the cost of
protecting the shores of publicly owned property'', approved August 13,
1946 (33 U.S.C. 426e), 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 of such subsection 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) Authorization of Projects.--Subsection (e) of such section is
amended--
(1) by striking ``(e) No'' and inserting the following:
``(e) Authorization of Projects.--
``(1) In general.--No'';
(2) by moving the remainder of the text of paragraph (1) (as
designated by paragraph (1) of this subsection) 2 ems to the
right; and
(3) by adding at the end the following:
``(2) Studies.--
``(A) In general.--The Secretary shall--
``(i) recommend to Congress studies concerning
shore protection projects that meet the criteria
established under this Act (including subparagraph
(B)(iii)) and other applicable law;
``(ii) conduct such studies as Congress
requires under applicable laws; and
``(iii) <<NOTE: Reports.>> report the results
of the studies to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
[[Page 110 STAT. 3699]]
``(B) Recommendations for shore protection
projects.--
``(i) In general.--The Secretary shall
recommend to Congress the authorization or
reauthorization of shore protection projects based
on the studies conducted under subparagraph (A).
``(ii) Considerations.--In making
recommendations, the Secretary shall consider the
economic and ecological benefits of the shore
protection project.
``(C) Coordination of projects.--In conducting
studies and making recommendations for a shore
protection project under this paragraph, the Secretary
shall--
``(i) determine whether there is any other
project being carried out by the Secretary or the
head of another Federal agency that may be
complementary to the shore protection project; and
``(ii) if there is such a complementary
project, describe the efforts that will be made to
coordinate the projects.
``(3) Shore protection projects.--
``(A) In general.--The Secretary shall construct, or
cause to be constructed, any shore protection project
authorized by Congress, or separable element of such a
project, for which funds have been appropriated by
Congress.
``(B) Agreements.--
``(i) Requirement.--After authorization by
Congress, and before commencement of construction,
of a shore protection project or separable
element, the Secretary shall enter into a written
agreement with a non-Federal interest with respect
to the project or separable element.
``(ii) Terms.--The agreement shall--
``(I) specify the life of the
project; and
``(II) ensure that the Federal
Government and the non-Federal interest
will cooperate in carrying out the
project or separable element.
``(C) Coordination of projects.--In constructing a
shore protection project or separable element under this
paragraph, the Secretary shall, to the extent
practicable, coordinate the project or element with any
complementary project identified under paragraph
(2)(C).''.
(c) Requirement of Agreements Prior to Reimbursements.--
(1) Small shore protection projects.--Section 2 of the Act
entitled ``An Act authorizing Federal participation in the cost
of protecting the shores of publicly owned property'', approved
August 13, 1946 (33 U.S.C. 426f), is amended--
(A) by striking ``Sec. 2. The Secretary of the
Army'' and inserting the following:
``SEC. 2. REIMBURSEMENTS.
``(a) In General.--The Secretary'';
(B) in subsection (a) (as designated by subparagraph
(A) of this paragraph)--
(i) by striking ``local interests'' and
inserting ``non-Federal interests'';
[[Page 110 STAT. 3700]]
(ii) by inserting ``or separable element of
the project'' after ``project''; and
(iii) by inserting ``or separable elements''
after ``projects'' each place it appears; and
(C) by adding at the end the following:
``(b) Agreements.--
``(1) Requirement.--After authorization of reimbursement by
the Secretary under this section, and before commencement of
construction, of a shore protection project, the Secretary shall
enter into a written agreement with the non-Federal interest
with respect to the project or separable element.
``(2) Terms.--The agreement shall--
``(A) specify the life of the project; and
``(B) ensure that the Federal Government and the
non-Federal interest will cooperate in carrying out the
project or separable element.''.
(2) Other shoreline protection projects.--Section
206(e)(1)(A) of the Water Resources Development Act of 1992 (33
U.S.C. 426i-1(e)(1)(A); 106 Stat. 4829) is amended by inserting
before the semicolon the following: ``and enters into a written
agreement with the non-Federal interest with respect to the
project or separable element (including the terms of
cooperation)''.
(d) State and Regional Plans.--The Act entitled ``An Act authorizing
Federal participation in the cost of protecting the shores of publicly
owned property'', approved August 13, 1946, is amended--
(1) by redesignating section 4 (33 U.S.C. 426h) as section
5; and
(2) by inserting after section 3 (33 U.S.C. 426g) the
following:
``SEC. 4. <<NOTE: 33 USC 426g-1.>> STATE AND REGIONAL PLANS.
``The Secretary may--
``(1) cooperate with any State in the preparation of a
comprehensive State or regional plan for the conservation of
coastal resources located within the boundaries of the State;
``(2) encourage State participation in the implementation of
the plan; and
``(3) submit to Congress reports and recommendations with
respect to appropriate Federal participation in carrying out the
plan.''.
(e) National Shoreline Erosion Control Development and Demonstration
Program and Definitions.--
(1) In general.--The Act entitled ``An Act authorizing
Federal participation in the cost of protecting the shores of
publicly owned property'', approved August 13, 1946 (33 U.S.C.
426e et seq.), is amended by striking section 5 <<NOTE: 33 USC
426h.>> (as redesignated by subsection (d)(1) of this section)
and inserting the following:
``SEC. 5. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND
DEMONSTRATION PROGRAM.
``(a) Establishment of Erosion Control Program.--The Secretary shall
establish and conduct a national shoreline erosion control development
and demonstration program for a period of 6 years beginning on the date
that funds are made available to carry out this section.
``(b) Requirements.--
[[Page 110 STAT. 3701]]
``(1) In general.--The erosion control program shall include
provisions for--
``(A) projects consisting of planning, designing,
and constructing prototype engineered and vegetative
shoreline erosion control devices and methods during the
first 3 years of the erosion control program;
``(B) adequate monitoring of the prototypes
throughout the duration of the erosion control program;
``(C) detailed engineering and environmental reports
on the results of each demonstration project carried out
under the erosion control program; and
``(D) technology transfers to private property
owners and State and local entities.
``(2) Emphasis.--The projects carried out under the erosion
control program shall emphasize, to the extent practicable--
``(A) the development and demonstration of
innovative technologies;
``(B) efficient designs to prevent erosion at a
shoreline site, taking into account the life-cycle cost
of the design, including cleanup, maintenance, and
amortization;
``(C) natural designs, including the use of
vegetation or temporary structures that minimize
permanent structural alterations;
``(D) the avoidance of negative impacts to adjacent
shorefront communities;
``(E) in areas with substantial residential or
commercial interests adjacent to the shoreline, designs
that do not impair the aesthetic appeal of the
interests;
``(F) the potential for long-term protection
afforded by the technology; and
``(G) recommendations developed from evaluations of
the original 1974 program established under the
Shoreline Erosion Control Demonstration Act of 1974 (42
U.S.C. 1962d-5 note; 88 Stat. 26), including--
``(i) adequate consideration of the subgrade;
``(ii) proper filtration;
``(iii) durable components;
``(iv) adequate connection between units; and
``(v) consideration of additional relevant
information.
``(3) Sites.--
``(A) In general.--Each project under the erosion
control program shall be carried out at a privately
owned site with substantial public access, or a publicly
owned site, on open coast or on tidal waters.
``(B) Selection.--The Secretary shall develop
criteria for the selection of sites for the projects,
including--
``(i) a variety of geographical and climatic
conditions;
``(ii) the size of the population that is
dependent on the beaches for recreation,
protection of homes, or commercial interests;
``(iii) the rate of erosion;
``(iv) significant natural resources or
habitats and environmentally sensitive areas; and
``(v) significant threatened historic
structures or landmarks.
[[Page 110 STAT. 3702]]
``(C) Areas.--Projects under the erosion control
program shall be carried out at not fewer than--
``(i) 2 sites on each of the shorelines of the
Atlantic and Pacific coasts;
``(ii) 2 sites on the shoreline of the Great
Lakes; and
``(iii) 1 site on the shoreline of the Gulf of
Mexico.
``(4) Determination of feasibility.--Implementation of a
project under this section is contingent upon a determination by
the Secretary that such project is feasible.
``(c) Consultation.--
``(1) Parties.--The Secretary shall carry out the erosion
control program in consultation with--
``(A) the Secretary of Agriculture, particularly
with respect to vegetative means of preventing and
controlling shoreline erosion;
``(B) Federal, State, and local agencies;
``(C) private organizations;
``(D) the Coastal Engineering Research Center
established under the 1st section of the Act entitled
`An Act to make certain changes in the functions of the
Beach Erosion Board and the Board of Engineers for
Rivers and Harbors, and for other purposes', approved
November 7, 1963 (33 U.S.C. 426-1); and
``(E) university research facilities.
``(2) Agreements.--The consultation described in paragraph
(1) may include entering into agreements with other Federal,
State, or local agencies or private organizations to carry out
functions described in subsection (b)(1) when appropriate.
``(d) Report.--Not later than 60 days after the conclusion of the
erosion control program, the Secretary shall prepare and submit an
erosion control program final report to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives. The report shall include
a comprehensive evaluation of the erosion control program and
recommendations regarding the continuation of the erosion control
program.
``(e) Funding.--
``(1) Responsibility.--The cost of and responsibility for
operation and maintenance (excluding monitoring) of a
demonstration project under the erosion control program shall be
borne by non-Federal interests on completion of construction of
the demonstration project.
``(2) Authorization of appropriations.--There is authorized
to be appropriated $21,000,000 to carry out this section.
``SEC. 6. <<NOTE: 33 USC 426h-1.>> DEFINITIONS.
``In this Act, the following definitions apply:
``(1) Erosion control program.--The term `erosion control
program' means the national shoreline erosion control
development and demonstration program established under this
section.
``(2) Secretary.--The term `Secretary' means the Secretary
of the Army.
[[Page 110 STAT. 3703]]
``(3) Separable element.--The term `separable element' has
the meaning provided by section 103(f) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(f)).
``(4) Shore.--The term `shore' includes each shoreline of
the Atlantic and Pacific Oceans, the Gulf of Mexico, the Great
Lakes, and lakes, estuaries, and bays directly connected
therewith.
``(5) Shore protection project.--The term `shore protection
project' includes a project for beach nourishment, including the
replacement of sand.''.
(2) Conforming amendments.--The Act entitled ``An Act
authorizing Federal participation in the cost of protecting the
shores of publicly owned property'', approved August 13, 1946,
is amended--
(A) in subsection (b)(3) of the 1st section (33
U.S.C. 426e(b)(3))--
(i) by striking ``of the Army, acting through
the Chief of Engineers,''; and
(ii) by striking the final period;
(B) in subsection (e) of the 1st section by striking
``section 3'' and inserting ``section 3 or 5''; and
(C) in section 3 (33 U.S.C. 426g) by striking
``Secretary of the Army'' and inserting ``Secretary''.
(f) Objectives of Projects.--Section 209 of the Flood Control Act of
1970 (42 U.S.C. 1962-2; 84 Stat. 1829) is amended by inserting
``(including shore protection projects such as projects for beach
nourishment, including the replacement of sand)'' after ``water resource
projects''.
SEC. 228. CONDITIONS FOR PROJECT DEAUTHORIZATIONS.
(a) In General.--Section 1001(b)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)(2); 100 Stat. 4201) is
amended--
(1) in the 1st sentence by striking ``10'' and inserting
``7'';
(2) in the 2d sentence by striking ``Before'' and inserting
``Upon''; and
(3) in the last sentence by inserting ``the planning,
design, or'' before ``construction''.
(b) Conforming Amendments.--Section 52 of the Water Resources
Development Act of 1988 (102 Stat. 4044) is amended--
(1) by striking subsection (a) (33 U.S.C. 579a note);
(2) by redesignating subsections (b) through (e) as
subsections (a) through (d), respectively; and
(3) in subsection (d) (as so redesignated) by striking ``or
subsection (a) of this section''.
SEC. 229. <<NOTE: 33 USC 2313b.>> SUPPORT OF ARMY CIVIL WORKS PROGRAM.
(a) General Authority.--In carrying out research and development in
support of the civil works program of the Department of the Army, the
Secretary may utilize contracts, cooperative research and development
agreements, cooperative agreements, and grants with non-Federal
entities, including State and local governments, colleges and
universities, consortia, professional and technical societies, public
and private scientific and technical foundations, research institutions,
educational organizations, and nonprofit organizations.
(b) Commercial Application.--With respect to contracts for research
and development, the Secretary may include requirements
[[Page 110 STAT. 3704]]
that have potential commercial application and may use such potential
application as an evaluation factor where appropriate.
SEC. 230. <<NOTE: 33 USC 2284a.>> BENEFITS TO NAVIGATION.
In evaluating potential improvements to navigation and the
maintenance of navigation projects, the Secretary shall consider, and
include for purposes of project justification, economic benefits
generated by cruise ships as commercial navigation benefits.
SEC. 231. LOSS OF LIFE PREVENTION.
Section 904 of the Water Resources Development Act of 1986 (33
U.S.C. 2281; 100 Stat. 4185) is amended by inserting ``and information
regarding potential loss of human life that may be associated with
flooding and coastal storm events,'' after ``unquantifiable,''.
SEC. 232. <<NOTE: 33 USC 2284b.>> SCENIC AND AESTHETIC CONSIDERATIONS.
In conducting studies of potential water resources projects, the
Secretary shall consider measures to preserve and enhance scenic and
aesthetic qualities in the vicinity of such projects.
SEC. 233. TERMINATION OF TECHNICAL ADVISORY COMMITTEE.
Section 310 of the Water Resources Development Act of 1990 (33
U.S.C. 2319; 104 Stat. 4639) is amended--
(1) by striking subsection (a); and
(2) in subsection (b)--
(A) by striking ``(b) Public Participation.--''; and
(B) by striking ``subsection'' each place it appears
and inserting ``section''.
SEC. 234. <<NOTE: 33 USC 2323a.>> INTERAGENCY AND INTERNATIONAL SUPPORT
AUTHORITY.
(a) In General.--The Secretary may engage in activities in support
of other Federal agencies or international organizations to address
problems of national significance to the United States.
(b) Consultation.--The Secretary may engage in activities in support
of international organizations only after consulting with the Secretary
of State.
(c) Use of Corps' Expertise.--The Secretary may use the technical
and managerial expertise of the Corps of Engineers to address domestic
and international problems related to water resources, infrastructure
development, and environmental protection.
(d) Funding.--There is authorized to be appropriated $1,000,000 to
carry out this section. The Secretary may accept and expend additional
funds from other Federal agencies or international organizations to
carry this section.
SEC. 235. <<NOTE: 33 USC 2201 note.>> SENSE OF CONGRESS; REQUIREMENT
REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--It is the
sense of Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available under this
Act should be American-made.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary, to the greatest extent
practicable, shall provide to each recipient of the assistance a notice
describing the statement made in subsection (a).
[[Page 110 STAT. 3705]]
SEC. 236. TECHNICAL CORRECTIONS.
(a) Contributions for Environmental and Recreation Projects.--
Section 203(b) of the Water Resources Development Act of 1992 (33 U.S.C.
2325(b); 106 Stat. 4826) is amended by striking ``(8662)'' and inserting
``(8862)''.
(b) Challenge Cost-Sharing Program.--The 2d sentence of section
225(c) of such Act (33 U.S.C. 2328(c); 106 Stat. 4838) is amended by
striking ``(8662)'' and inserting ``(8862)''.
SEC. 237. HOPPER DREDGES.
Section 3 of the Act of August 11, 1888 (33 U.S.C. 622; 25 Stat.
423), is amended by adding at the end the following:
``(c) Program To Increase Use of Private Hopper Dredges.--
``(1) Initiation.--The Secretary shall initiate a program to
increase the use of private-industry hopper dredges for the
construction and maintenance of Federal navigation channels.
``(2) Ready reserve status for hopper dredge wheeler.--In
order to carry out this subsection, the Secretary shall place
the Federal hopper dredge Wheeler in a ready reserve status not
later than the earlier of 90 days after the date of completion
of the rehabilitation of the hopper dredge McFarland pursuant to
section 563 of the Water Resources Development Act of 1996 or
October 1, 1997.
``(3) Testing and use of ready reserve hopper dredge.--The
Secretary may periodically perform routine tests of the
equipment of the vessel placed in a ready reserve status under
paragraph (2) to ensure the vessel's ability to perform
emergency work. The Secretary shall not assign any scheduled
hopper dredging work to such vessel but shall perform any
repairs needed to maintain the vessel in a fully operational
condition. The Secretary may place the vessel in active status
in order to perform any dredging work only if the Secretary
determines that private industry has failed to submit a
responsive and responsible bid for work advertised by the
Secretary or to carry out the project as required pursuant to a
contract with the Secretary.
``(4) Repair and rehabilitation.--The Secretary may
undertake any repair and rehabilitation of any Federal hopper
dredge, including the vessel placed in ready reserve status
under paragraph (2) to allow the vessel to be placed in active
status as provided in paragraph (3).
``(5) Procedures.--The Secretary shall develop and implement
procedures to ensure that, to the maximum extent practicable,
private industry hopper dredge capacity is available to meet
both routine and time-sensitive dredging needs. Such procedures
shall include--
``(A) scheduling of contract solicitations to
effectively distribute dredging work throughout the
dredging season; and
``(B) use of expedited contracting procedures to
allow dredges performing routine work to be made
available to meet time-sensitive, urgent, or emergency
dredging needs.
``(6) Report.--Not later than 2 years after the date of the
enactment of this subsection, the Secretary shall report to
Congress on whether the vessel placed in ready reserve status
under paragraph (2) is needed to be returned to active
[[Page 110 STAT. 3706]]
status or continued in a ready reserve status or whether another
Federal hopper dredge should be placed in a ready reserve
status.
``(7) Limitations.--
``(A) Reductions in status.--The Secretary may not
further reduce the readiness status of any Federal
hopper dredge below a ready reserve status except any
vessel placed in such status for not less than 5 years
that the Secretary determines has not been used
sufficiently to justify retaining the vessel in such
status.
``(B) Increase in assignments of dredging work.--For
each fiscal year beginning after the date of the
enactment of this subsection, the Secretary shall not
assign any greater quantity of dredging work to any
Federal hopper dredge in active status than was assigned
to that vessel in the average of the 3 prior fiscal
years.
``(C) Remaining dredges.--In carrying out the
program under this section, the Secretary shall not
reduce the availability and utilization of Federal
hopper dredge vessels stationed on the Pacific and
Atlantic coasts below that which occurred in fiscal year
1996 to meet the navigation dredging needs of the ports
on those coasts.
``(8) Contracts; payment of capital costs.--The Secretary
may enter into a contract for the maintenance and crewing of any
Federal hopper dredge retained in a ready reserve status. The
capital costs (including depreciation costs) of any dredge
retained in such status shall be paid for out of funds made
available from the Harbor Maintenance Trust Fund and shall not
be charged against the Corps of Engineers' Revolving Fund
Account or any individual project cost unless the dredge is
specifically used in connection with that project.''.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 301. PROJECT MODIFICATIONS.
(a) Projects With Reports.--
(1) San francisco river at clifton, arizona.--The project
for flood control, San Francisco River at Clifton, Arizona,
authorized by section 101(a)(3) of the Water Resources
Development Act of 1990 (104 Stat. 4606), is modified to
authorize the Secretary to construct the project substantially
in accordance with the report of the Corps of Engineers dated
May 28, 1996, 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.
(2) Oakland harbor, california.--The projects for
navigation, Oakland Outer Harbor, California, and Oakland Inner
Harbor, California, authorized by section 202 of the Water
Resources Development Act of 1986 (100 Stat. 4092), are modified
to direct the Secretary--
(A) to combine the 2 projects into 1 project, to be
designated as the Oakland Harbor, California, project;
and
(B) to carry out the combined project substantially
in accordance with the plans and subject to the
conditions recommended in the report of the Corps of
Engineers dated
[[Page 110 STAT. 3707]]
July 15, 1994, at a total cost of $90,850,000, with an
estimated Federal cost of $59,150,000 and an estimated
non-Federal cost of $31,700,000.
The non-Federal share of project costs and any available credits
toward the non-Federal share shall be calculated on the basis of
the total cost of the combined project.
(3) San luis rey, california.--The project for flood control
of the San Luis Rey River, California, authorized pursuant to
section 201 of the Flood Control Act of 1965 (42 U.S.C. 1962d-5;
79 Stat. 1073-1074), is modified to authorize the Secretary to
construct the project substantially in accordance with the
report of the Corps of Engineers dated May 23, 1996, at a total
cost of $81,600,000, with an estimated Federal cost of
$61,100,000 and an estimated non-Federal cost of $20,500,000.
(4) Potomac river, washington, district of columbia.--The
project for flood control, Potomac River, Washington, District
of Columbia, authorized by section 5 of the Act entitled ``An
Act authorizing the construction of certain public works on
rivers and harbors for flood control, and for other purposes'',
approved June 22, 1936 (49 Stat. 1574), is modified to authorize
the Secretary to construct the project substantially in
accordance with the General Design Memorandum dated May 1992 at
a Federal cost of $1,800,000; except that a temporary closure
may be used instead of a permanent structure at 17th Street.
Operation and maintenance of the project shall be a Federal
responsibility.
(5) North branch of chicago river, illinois.--The project
for flood control, North Branch of the Chicago River, Illinois,
authorized by section 401(a) of the Water Resources Development
Act of 1986 (100 Stat. 4115), is modified to authorize the
Secretary--
(A) to carry out the project substantially in
accordance with the report of the Corps of Engineers
dated May 26, 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; and
(B) to reimburse the city of Deerfield, Illinois, an
amount not to exceed $38,500 for a flood control study
financed by the city if the Secretary determines that
the study is necessary to address residual damages in
areas upstream of Reservoir 29A.
(6) Halstead, kansas.--The project for flood control,
Halstead, Kansas, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4116), is modified
to authorize the Secretary to carry out the project
substantially in accordance with the report of the Corps of
Engineers dated March 19, 1993, at a total cost of $11,100,000,
with an estimated Federal cost of $8,325,000 and an estimated
non-Federal cost of $2,775,000.
(7) Cape girardeau, missouri.--The project for flood
control, Cape Girardeau, Jackson Metropolitan Area, Missouri,
authorized by section 401(a) of the Water Resources Development
Act of 1986 (100 Stat. 4118-4119), is modified to authorize the
Secretary to construct the project substantially in accordance
with the report of the Corps of Engineers dated July 18, 1994,
including implementation of nonstructural measures,
[[Page 110 STAT. 3708]]
at a total cost of $45,414,000, with an estimated Federal cost
of $33,030,000 and an estimated non-Federal cost of $12,384,000.
(8) Molly ann's brook, new jersey.--The project for flood
control, Molly Ann's Brook, New Jersey, authorized by section
401(a) of the Water Resources Development Act of 1986 (100 Stat.
4119), is modified to authorize the Secretary to carry out the
project substantially in accordance with the report of the Corps
of Engineers dated April 3, 1996, at a total cost of
$40,100,000, with an estimated Federal cost of $22,600,000 and
an estimated non-Federal cost of $17,500,000.
(9) Ramapo river at oakland, new jersey.--The project for
flood control, Ramapo River at Oakland, New Jersey, authorized
by section 401(a) of the Water Resources Development Act of 1986
(100 Stat. 4120), is modified to authorize the Secretary to
carry out the project substantially in accordance with the
report of the Corps of Engineers dated May 1994, at a total cost
of $11,300,000, with an estimated Federal cost of $8,500,000 and
an estimated non-Federal cost of $2,800,000.
(10) Wilmington harbor-northeast cape fear river, north
carolina.--The project for navigation, Wilmington Harbor-
Northeast Cape Fear River, North Carolina, authorized by section
202(a) of the Water Resources Development Act of 1986 (100 Stat.
4095), is modified to authorize the Secretary to construct the
project substantially in accordance with the General Design
Memorandum dated April 1990 and the General Design Memorandum
Supplement dated February 1994, at a total cost of $52,041,000,
with an estimated Federal cost of $25,729,000 and an estimated
non-Federal cost of $26,312,000.
(11) Saw mill run, pennsylvania.--The project for flood
control, Saw Mill Run, Pittsburgh, Pennsylvania, authorized by
section 401(a) of the Water Resources Development Act of 1986
(100 Stat. 4124), is modified to authorize the Secretary to
carry out the project substantially in accordance with the
report of the Corps of Engineers dated April 8, 1994, at a total
cost of $12,780,000, with an estimated Federal cost of
$9,585,000 and an estimated non-Federal cost of $3,195,000.
(12) San juan harbor, puerto rico.--The project for
navigation, San Juan Harbor, Puerto Rico, authorized by section
202(a) of the Water Resources Development Act of 1986 (100 Stat.
4097), is modified to authorize the Secretary to deepen the bar
channel to depths varying from 49 feet to 56 feet below mean low
water with other modifications to authorized interior channels
as described in the General Reevaluation Report and
Environmental Assessment dated March 1994, at a total cost of
$45,085,000, with an estimated Federal cost of $28,244,000 and
an estimated non-Federal cost of $16,841,000.
(13) India point railroad bridge, seekonk river, providence,
rhode island.--The project for navigation, India Point Railroad
Bridge, Seekonk River, Providence, Rhode Island, authorized by
section 1166(c) of the Water Resources Development Act of 1986
(100 Stat. 4258), is modified to authorize the Secretary to
construct the project substantially in accordance with the Post
Authorization Change Report dated August 1994 at a total cost of
$1,300,000, with an estimated Federal cost of $650,000 and an
estimated non-Federal cost of $650,000.
[[Page 110 STAT. 3709]]
(14) Upper jordan river, utah.--The project for flood
control, Upper Jordan River, Utah, authorized by section
101(a)(23) of the Water Resources Development Act of 1990 (104
Stat. 4610), is modified to authorize the Secretary to carry out
the project substantially in accordance with the General Design
Memorandum for the project dated March 1994, and the Post
Authorization Change Report for the project dated April 1994, at
a total cost of $12,870,000, with an estimated Federal cost of
$8,580,000 and an estimated non-Federal cost of $4,290,000.
(b) Projects Subject to Reports.--The following projects are
modified as follows, except that no funds may be obligated to carry out
work under such modifications until completion of a report by the Corps
of Engineers finding that such work is technically sound,
environmentally acceptable, and economic, as applicable:
(1) Alamo dam, arizona.--The project for flood control and
other purposes, Alamo Dam and Lake, Arizona, authorized by
section 10 of the Act entitled ``An Act authorizing the
construction of certain public works on rivers and harbors for
flood control, and for other purposes'', approved December 22,
1944 (58 Stat. 900), is modified to authorize the Secretary to
operate the Alamo Dam to provide fish and wildlife benefits both
upstream and downstream of the Dam. Such operation shall not
reduce flood control and recreation benefits provided by the
project.
(2) Phoenix, arizona.--The project for flood control and
water quality improvement, Phoenix, Arizona, authorized by
section 321 of the Water Resources Development Act of 1992 (106
Stat. 4848), is modified--
(A) to make ecosystem restoration a project purpose;
and
(B) to authorize the Secretary to construct the
project at a total cost of $17,500,000.
(3) Glenn-colusa, california.--The project for flood
control, Sacramento River, California, authorized by section 2
of the Act entitled ``An Act to provide for the control of the
floods of the Mississippi River and of the Sacramento River,
California, and for other purposes'', approved March 1, 1917 (39
Stat. 949), and modified by section 102 of the Energy and Water
Development Appropriations Act, 1990 (103 Stat. 649), is further
modified to authorize the Secretary to carry out the portion of
the project at Glenn-Colusa, California, at a total cost of
$14,200,000.
(4) Tybee island, georgia.--The project for beach erosion
control, Tybee Island, Georgia, authorized pursuant to section
201 of the Flood Control Act of 1968 (42 U.S.C. 1962d-5; 79
Stat. 1073-1074), is modified to include as an integral part of
the project the portion of Tybee Island located south of the
existing south terminal groin between 18th and 19th Streets,
including the east bank of Tybee Creek up to Horse Pen Creek.
(5) Comite river, louisiana.--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
(106 Stat. 4802-4803), is modified to authorize the Secretary to
[[Page 110 STAT. 3710]]
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.
(6) Grand isle and vicinity, louisiana.--The project for
hurricane damage prevention, flood control, and beach erosion
along Grand Isle and Vicinity, Louisiana, authorized by section
204 of the Flood Control Act of 1965 (79 Stat. 1077), is
modified to authorize the Secretary to construct a permanent
breakwater and levee system at a total cost of $17,000,000.
(7) Red river waterway, louisiana.--The project for
mitigation of fish and wildlife losses, Red River Waterway,
Louisiana, authorized by section 601(a) of the Water Resources
Development Act of 1986 (100 Stat. 4142) and modified by section
102(p) of the Water Resources Development Act of 1990 (104 Stat.
4613), is further modified--
(A) to authorize the Secretary to carry out the
project at a total cost of $10,500,000; and
(B) to provide that lands that are purchased
adjacent to the Loggy Bayou Wildlife Management Area may
be located in Caddo Parish or Red River Parish.
(8) 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 (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 the enactment of this Act. The work shall be carried out
in accordance with the local cooperation requirements for other
navigation features of the project.
(9) Stillwater, minnesota.--The project for flood control,
Stillwater, Minnesota, authorized by section 363 of the Water
Resources Development Act of 1992 (106 Stat. 4861-4862), is
modified--
(A) to authorize the Secretary to expand the flood
wall system if the Secretary determines that the
expansion is feasible; and
(B) to authorize the Secretary to construct the
project at a total cost of $11,600,000, with an
estimated Federal cost of $8,700,000 and an estimated
non-Federal cost of $2,900,000.
(10) Joseph g. minish passaic river park, new jersey.--The
streambank restoration element of the project for flood control,
Passaic River Main Stem, New Jersey and New York, authorized by
section 101(a)(18)(B) of the Water Resources Development Act of
1990 (104 Stat. 4608) and known as the ``Joseph G. Minish
Passaic River Waterfront Park and Historic Area, New Jersey'',
is modified--
(A) to authorize the Secretary to construct such
element at a total cost of $75,000,000;
(B) to provide that construction of such element may
be undertaken before implementation of the remainder of
the Passaic River Main Stem project; and
(C) to provide that such element shall be treated,
for the purpose of economic analysis, as an integral
part of
[[Page 110 STAT. 3711]]
the Passaic River Main Stem project and shall be
completed in the initial phase of the Passaic River Main
Stem project.
(11) Arthur kill, new york and new jersey.--The project for
navigation, Arthur Kill, New York and New Jersey, authorized by
section 202(b) of the Water Resources Development Act of 1986
(100 Stat. 4098), is modified to authorize the Secretary to
carry out the project to a depth of not to exceed 45 feet, at a
total cost of $83,000,000.
(12) Kill van kull, new york and new jersey.--
(A) Cost increase.--The project for navigation, Kill
Van Kull, New York and New Jersey, authorized by section
202(a) of the Water Resources Development Act of 1986
(100 Stat. 4095), is modified to authorize the Secretary
to carry out the project at a total cost of
$750,000,000.
(B) Continuation of engineering and design.--The
Secretary shall continue engineering and design in order
to complete the navigation project at Kill Van Kull and
Newark Bay Channels, New York and New Jersey, authorized
by chapter IV of title I of the Supplemental
Appropriations Act, 1985 (99 Stat. 313) and section
202(a) of the Water Resources Development Act of 1986
(100 Stat. 4095).
SEC. 302. MOBILE HARBOR, ALABAMA.
The undesignated paragraph under the heading ``mobile harbor,
alabama'' in section 201(a) of the Water Resources Development Act of
1986 (100 Stat. 4090) is amended by striking the 1st semicolon and all
that follows and inserting a period and the following: ``In disposing of
dredged material from such 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 for beneficial
uses of dredged material and environmental restoration.''.
SEC. 303. NOGALES WASH AND TRIBUTARIES, ARIZONA.
The project for flood control, Nogales Wash and tributaries,
Arizona, authorized by section 101(a)(4) of the Water Resources
Development Act of 1990 (104 Stat. 4606), is modified to direct the
Secretary to permit the non-Federal contribution for the project to be
determined in accordance with subsections (k) and (m) of section 103 of
the Water Resources Development Act of 1986 (33 U.S.C. 2213) and to
direct the Secretary to enter into negotiations with non-Federal
interests pursuant to section 103(l) of such Act concerning the timing
of the initial payment of the non-Federal contribution.
SEC. 304. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.
The project for flood control and power generation at White River
Basin, Arkansas and Missouri, authorized by section 4 of the Act
entitled ``An Act authorizing the construction of certain public works
on rivers and harbors for flood control, and for other purposes'',
approved June 28, 1938 (52 Stat. 1218), shall include recreation and
fish and wildlife mitigation as purposes of the project, to the extent
that the additional purposes do not adversely affect flood control,
power generation, or other authorized purposes of the project.
[[Page 110 STAT. 3712]]
SEC. 305. CHANNEL ISLANDS HARBOR, CALIFORNIA.
The project for navigation and shore protection, Channel Islands
Harbor, Port of Hueneme, California, authorized by section 101 of the
River and Harbor Act of 1954 (68 Stat. 1252), is modified to authorize
biennial dredging and sand bypassing at an annual downcoast
replenishment rate to establish and maintain a littoral sediment balance
which is estimated at 1,254,000 cubic yards per year. The cost of such
dredging and sand bypassing shall be 100 percent Federal as long as
Federal ownership of the entrance channel and jetties of the Port of
Hueneme necessitates restoration and maintenance of the downcoast
shoreline.
SEC. 306. LAKE ELSINORE, CALIFORNIA.
(a) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be expended for the project for flood control, Lake
Elsinore, Riverside County, California, shall be $7,500,000.
(b) Revision of Project Cooperation Agreement.--The Secretary shall
revise the project cooperation agreement for the project referred to in
subsection (a) to take into account the change in the Federal
participation in such project pursuant to subsection (a).
(c) Cost Sharing.--Nothing in this section shall be construed to
affect any cost-sharing requirement applicable to the project referred
to in subsection (a) under the Water Resources Development Act of 1986.
(d) Study.--Not later than 18 months after the date of the enactment
of this Act, the Secretary shall--
(1) conduct a study of the advisability of modifying, for
the purpose of flood control pursuant to section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s), the project for
flood control, Lake Elsinore, Riverside County, California, to
permit water conservation storage up to an elevation of 1,249
feet above mean sea level; and
(2) <<NOTE: Reports.>> report to Congress on the study,
including making recommendations concerning the advisability of
so modifying the project.
SEC. 307. 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(a) of the Water
Resources Development Act of 1986 (100 Stat. 4091), is modified to
provide that, for the purpose of section 101(a)(2) of such 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. The cost of such relocation
shall be credited as a payment provided by the non-Federal interest.
SEC. 308. LOS ANGELES COUNTY DRAINAGE AREA, CALIFORNIA.
The non-Federal share for a project to add water conservation to the
existing Los Angeles County Drainage Area, California, project,
authorized by section 101(b) of the Water Resources Development Act of
1990 (104 Stat. 4611), shall be 100 percent of separable first costs and
separable operation, maintenance, and
replacement costs associated with the water conservation purpose.
[[Page 110 STAT. 3713]]
SEC. 309. PRADO DAM, CALIFORNIA.
(a) Review.--
(1) Separable element determination.--Not later than 6
months after the date of the enactment of this Act, the
Secretary shall review, in cooperation with the non-Federal
interest, the Prado Dam feature of the project for flood
control, Santa Ana River Mainstem, California, authorized by
section 401(a) of the Water Resources Development Act of 1986
(100 Stat. 4113), with a view toward determining whether the
feature may be considered a separable element (as defined in
section 103(f) of such Act (33 U.S.C. 2213(f))).
(2) Modification of cost-sharing requirement.--If the Prado
Dam feature is determined to be a separable element under this
subsection, the Secretary shall reduce the non-Federal cost-
sharing requirement for such feature in accordance with section
103(a)(3) of such Act and shall enter into a project cooperation
agreement with the non-Federal interest to reflect the modified
cost-sharing requirement and to carry out construction.
(b) Safety Improvements.--The Secretary, in coordination with the
State of California, shall provide technical assistance to Orange
County, California, in developing appropriate public safety and access
improvements associated with that portion of California State Route 71
being relocated for the Prado Dam feature of the project authorized as
part of the project referred to in subsection (a)(1).
SEC. 310. QUEENSWAY BAY, CALIFORNIA.
Section 4(e) of the Water Resources Development Act of 1988 (102
Stat. 4016) is amended by adding at the end the following: ``In
addition, the Secretary shall perform advance maintenance dredging in
the Queensway Bay Channel, California, at a total cost of $5,000,000.
The Secretary shall coordinate with Federal and State agencies the
establishment of suitable dredged material disposal areas.''.
SEC. 311. SEVEN OAKS DAM, CALIFORNIA.
The non-Federal share for a project to add water conservation to the
Seven Oaks Dam, authorized as part of the project for flood control,
Santa Ana River Mainstem, California, by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4113), shall be 100 percent
of separable first costs and separable operation, maintenance, and
replacement costs associated with the water conservation purpose.
SEC. 312. THAMES RIVER, CONNECTICUT.
(a) Modification.--The project for navigation, Thames River,
Connecticut, authorized by the 1st 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
[[Page 110 STAT. 3714]]
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.
(b) Payment for Initial Dredging.--Any required initial dredging of
the widened portions identified in subsection (a) shall be carried out
at no cost to the Federal Government.
(c) Deauthorization.--The portions of the turning basin that are not
included in the reconfigured turning basin described in subsection (a)
are not authorized after the date of the enactment of this Act.
SEC. 313. CANAVERAL HARBOR, FLORIDA.
The project for navigation, Canaveral Harbor, Florida, authorized by
section 101(7) of the Water Resources Development Act of 1992 (106 Stat.
4802), is modified to authorize the Secretary to reclassify the removal
and replacement of stone protection on both sides of the channel as
general navigation features. The Secretary shall reimburse any costs
that are incurred by the non-Federal sponsor in connection with the
reclassified work and that the Secretary determines to be in excess of
the non-Federal share of costs for general navigation features. The
Federal and non-Federal shares of the cost of the reclassified work
shall be determined in accordance with section 101 of the Water
Resources Development Act of 1986 (33 U.S.C. 2211).
SEC. 314. CAPTIVA ISLAND, FLORIDA.
The project for shoreline protection, Captiva Island, Lee County,
Florida, authorized pursuant to section 201 of the Flood Control Act of
1965 (42 U.S.C. 1962d-5; 79 Stat. 1073), is modified to direct the
Secretary to reimburse the non-Federal interest for beach nourishment
work carried out by such interest as if such work occurred after
execution of the agreement entered into pursuant to section 215 of the
Flood Control Act of 1968 (42 U.S.C. 1962d-5a) with respect to such
project if the Secretary determines that such work is compatible with
the project.
SEC. 315. CENTRAL AND SOUTHERN FLORIDA, CANAL 51.
The project for flood protection of West Palm Beach, Florida (C-51),
authorized by section 203 of the Flood Control Act of 1962 (76 Stat.
1183), is modified to provide for the construction of an enlarged
stormwater detention area, Storm Water Treatment Area 1 East, generally
in accordance with the plan of improvements described in the February
15, 1994, report entitled ``Everglades Protection Project, Palm Beach
County, Florida, Conceptual Design'', with such modifications as are
approved by the Secretary. The additional work authorized by this
section shall be accomplished at Federal expense. Operation and
maintenance of the stormwater detention area shall be consistent with
regulations prescribed by the Secretary for the Central and Southern
Florida project, and all costs of such operation and maintenance shall
be provided by non-Federal interests.
[[Page 110 STAT. 3715]]
SEC. 316. CENTRAL AND SOUTHERN FLORIDA, CANAL 111.
(a) In General.--The project for Central and Southern Florida,
authorized by section 203 of the Flood Control Act of 1948 (62 Stat.
1176) and modified by section 203 of the Flood Control Act of 1968 (82
Stat. 740-741), is modified to authorize the Secretary to implement the
recommended plan of improvement contained in a report entitled ``Central
and Southern Florida Project, Final Integrated General Reevaluation
Report and Environmental Impact Statement, Canal 111 (C-111), South Dade
County, Florida'', dated May 1994, including acquisition by non-Federal
interests of such portions of the Frog Pond and Rocky Glades areas as
are needed for the project.
(b) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of
implementing the plan of improvement shall be 50 percent.
(2) Secretary of interior responsibility.--The Secretary of
the Interior shall pay 25 percent of the cost of acquiring such
portions of the Frog Pond and Rocky Glades areas as are needed
for the project. The amount paid by the Secretary of the
Interior shall be included as part of the Federal share of the
cost of implementing the plan.
(3) Operation and maintenance.--The non-Federal share of
operation and maintenance costs of the improvements undertaken
pursuant to this section shall be 100 percent; except that the
Federal Government shall reimburse the non-Federal interest with
respect to the project 60 percent of the costs of operating and
maintaining pump stations that pump water into Taylor Slough in
the Everglades National Park.
SEC. 317. JACKSONVILLE HARBOR (MILL COVE), FLORIDA.
The project for navigation, Jacksonville Harbor (Mill Cove),
Florida, authorized by section 601(a) of the Water Resources Development
Act of 1986 (100 Stat. 4139-4140), is modified to direct the Secretary
to carry out a project for mitigation consisting of measures for flow
and circulation improvement within Mill Cove, at an estimated total
Federal cost of $2,000,000.
SEC. 318. PANAMA CITY BEACHES, FLORIDA.
(a) In General.--The project for shoreline protection, Panama City
Beaches, Florida, authorized by section 501(a) of the Water Resources
Development Act of 1986 (100 Stat. 4133), is modified to direct the
Secretary to enter into an agreement with the non-Federal interest for
carrying out such project in accordance with section 206 of the Water
Resources Development Act of 1992 (33 U.S.C. 426i-1).
(b) Reports.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall transmit to Congress a report
on the progress made in carrying out this section and a report on
implementation of section 206 of the Water Resources Development Act of
1992.
SEC. 319. CHICAGO, ILLINOIS.
The project for flood control, Chicagoland Underflow Plan, Illinois,
authorized by section 3(a)(5) of the Water Resources Development Act of
1988 (102 Stat. 4013), is modified to limit the capacity of the
reservoir project to not to exceed 11,000,000,000 gallons or 32,000
acre-feet, to provide that the reservoir project may not be located
north of 55th Street or west of East Avenue in the
[[Page 110 STAT. 3716]]
vicinity of McCook, Illinois, and to provide that the reservoir project
may be constructed only on the basis of a specific plan that has been
evaluated by the Secretary under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
SEC. 320. CHICAGO LOCK AND THOMAS J. O'BRIEN LOCK, ILLINOIS.
The project for navigation, Chicago Harbor, Lake Michigan, Illinois,
for which operation and maintenance responsibility was transferred to
the Secretary under chapter IV of title I of the Supplemental
Appropriations Act, 1983 (97 Stat. 311), and section 107 of the Energy
and Water Development Appropriation Act, 1982 (95 Stat. 1137), is
modified to direct the Secretary to conduct a study to determine the
feasibility of making such structural repairs as are necessary to
prevent leakage through the Chicago Lock and the Thomas J. O'Brien Lock,
Illinois, and to determine the need for installing permanent flow
measurement equipment at such locks to measure any leakage. The
Secretary may carry out such repairs and installations as are necessary
following completion of the study.
SEC. 321. KASKASKIA RIVER, ILLINOIS.
The project for navigation, Kaskaskia River, Illinois, authorized by
section 101 of the River and Harbor Act of 1962 (76 Stat. 1175), is
modified to add fish and wildlife and habitat restoration as project
purposes.
SEC. 322. LOCKS AND DAM 26, ALTON, ILLINOIS AND MISSOURI.
Section 102(l) of the Water Resources Development Act of 1990 (104
Stat. 4613) is amended--
(1) by striking ``, that requires no separable project lands
and'' and inserting ``on project lands and other contiguous
nonproject lands, including those lands referred to as the Alton
Commons. The recreational development'';
(2) by inserting ``shall be'' before ``at a Federal
construction''; and
(3) by striking ``. The recreational development'' and
inserting ``, and''.
SEC. 323. WHITE RIVER, INDIANA.
The project for flood control, Indianapolis on West Fork of the
White River, Indiana, authorized by section 5 of the Act entitled ``An
Act authorizing the construction of certain public works on rivers and
harbors for flood control, and other purposes'', approved June 22, 1936
(49 Stat. 1586), is modified to authorize the Secretary to undertake
riverfront alterations as described in the Central Indianapolis
Waterfront Concept Master Plan, dated February 1994, at a total cost of
$85,975,000, with an estimated Federal cost of $39,975,000 and an
estimated non-Federal cost of $46,000,000. The cost of work, including
relocations undertaken by the non-Federal interest after February 15,
1994, on features identified in the Master Plan shall be credited toward
the non-Federal share of project costs.
SEC. 324. BAPTISTE COLLETTE BAYOU, LOUISIANA.
The project for navigation, Mississippi River Outlets, Venice,
Louisiana, authorized by section 101 of the River and Harbor Act of 1968
(82 Stat. 731), is modified to provide for the extension of the 16-foot
deep (mean low gulf) by 250-foot wide Baptiste Collette
[[Page 110 STAT. 3717]]
Bayou entrance channel to approximately mile 8 of the Mississippi River
Gulf Outlet navigation channel at a total estimated Federal cost of
$80,000, including $4,000 for surveys and $76,000 for Coast Guard aids
to navigation.
SEC. 325. LAKE PONTCHARTRAIN, LOUISIANA.
The project for hurricane damage prevention and flood control, Lake
Pontchartrain, Louisiana, authorized by section 204 of the Flood Control
Act of 1965 (79 Stat. 1077), is modified to provide that St. Bernard
Parish, Louisiana, and the Lake Borgne Basin Levee District, Louisiana,
shall not be required to pay the unpaid balance, including interest, of
the non-Federal cost-share of the project.
SEC. 326. MISSISSIPPI RIVER-GULF OUTLET, LOUISIANA.
Section 844 of the Water Resources Development Act of 1986 (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. 327. TOLCHESTER CHANNEL, MARYLAND.
The project for navigation, Baltimore Harbor and Channels, Maryland,
authorized by section 101 of the River and Harbor Act of 1958 (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 determined to be feasible and necessary for safe and
efficient navigation, to implement such straightening as part of
project maintenance.
SEC. 328. CROSS VILLAGE HARBOR, MICHIGAN.
(a) General Rule.--Notwithstanding section 1001 of the Water
Resources Development Act of 1986 (33 U.S.C. 579a), the project for
navigation, Cross Village Harbor, Michigan, authorized by section 101 of
the River and Harbor Act of 1966 (80 Stat. 1405), shall remain
authorized to be carried out by the Secretary.
(b) Limitation.--The project described in subsection (a) shall not
be authorized for construction after the last day of the 5-year period
that begins on the date of the enactment of this Act unless, during such
period, funds have been obligated for the construction (including
planning and design) of the project.
SEC. 329. SAGINAW RIVER, MICHIGAN.
The project for flood protection, Saginaw River, Michigan,
authorized by section 203 of the Flood Control Act of 1958 (72 Stat.
311), is modified to include as part of the project the design and
construction of an inflatable dam on the Flint River, Michigan, at a
total cost of $500,000.
SEC. 330. SAULT SAINTE MARIE, CHIPPEWA COUNTY, MICHIGAN.
(a) In General.--The project for navigation, Sault Sainte Marie,
Chippewa County, Michigan, authorized by section 1149
[[Page 110 STAT. 3718]]
of the Water Resources Development Act of 1986 (100 Stat. 4254-4255), is
modified as follows:
(1) Payment of non-federal share.--The non-Federal share of
the cost of the project shall be paid as follows:
(A) That portion of the non-Federal share that the
Secretary determines is attributable to use of the lock
by vessels calling at Canadian ports shall be paid by
the United States.
(B) The remaining portion of the non-Federal share
shall be paid by the Great Lakes States pursuant to an
agreement entered into by such States.
(2) Payment term of additional percentage.--The amount to be
paid by non-Federal interests pursuant to section 101(a) of the
Water Resources Development Act of 1986 (33 U.S.C. 2211(a)) and
this subsection with respect to the project may be paid over a
period of 50 years or the expected life of the project,
whichever is shorter.
(b) Great Lakes States Defined.--In this section, the term ``Great
Lakes States'' means the States of Illinois, Indiana, Michigan,
Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.
SEC. 331. ST. JOHNS BAYOU AND NEW MADRID FLOODWAY, MISSOURI.
Notwithstanding any other provision of law, Federal assistance made
available under the rural enterprise zone program of the Department of
Agriculture may be used toward payment of the non-Federal share of the
costs of the project for flood control, St. Johns Bayou and New Madrid
Floodway, Missouri, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4118).
SEC. 332. LOST CREEK, COLUMBUS, NEBRASKA.
(a) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be allotted for the project for flood control, Lost
Creek, Columbus, Nebraska, shall be $5,500,000.
(b) Revision of Project Cooperation Agreement.--The Secretary shall
revise the project cooperation agreement for the project referred to in
subsection (a) to take into account the change in the Federal
participation in such project pursuant to subsection (a).
SEC. 333. PASSAIC RIVER, NEW JERSEY.
Section 1148 of the Water Resources Development Act of 1986 (100
Stat. 4254) is amended to read as follows:
``SEC. 1148. PASSAIC RIVER BASIN.
``(a) Acquisition of Lands.--The Secretary may acquire from willing
sellers lands on which residential structures are located and that are
subject to frequent and recurring flood damage, as identified in the
supplemental floodway report of the Corps of Engineers, Passaic River
Buyout Study, September 1995, at an estimated total cost of
$194,000,000.
``(b) Retention of Lands for Flood Protection.--Lands acquired by
the Secretary under this section shall be retained by the Secretary for
future use in conjunction with flood protection and flood management in
the Passaic River Basin.
``(c) Cost Sharing.--The non-Federal share of the cost of carrying
out this section shall be 25 percent plus any amount that might result
from application of subsection (d).
[[Page 110 STAT. 3719]]
``(d) Applicability of Benefit-Cost Ratio Waiver Authority.--In
evaluating and implementing the project under this section, the
Secretary shall allow the non-Federal interest to participate in the
financing of the project in accordance with section 903(c), to the
extent that the Secretary's evaluation indicates that applying such
section is necessary to implement the project.''.
SEC. 334. ACEQUIAS IRRIGATION SYSTEM, NEW MEXICO.
The second sentence of section 1113(b) of the Water Resources
Development Act of 1986 (100 Stat. 4232) is amended by inserting before
the period at the end the following: ``; except that the Federal share
of reconnaissance studies carried out by the Secretary under this
section shall be 100 percent''.
SEC. 335. JONES INLET, NEW YORK.
The project for navigation, Jones Inlet, New York, 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. 13), is
modified to direct the Secretary to place uncontaminated dredged
material on beach areas downdrift from the federally maintained channel
to the extent that such work is necessary to mitigate the interruption
of littoral system natural processes caused by the jetty and continued
dredging of the federally maintained channel.
SEC. 336. BUFORD TRENTON IRRIGATION DISTRICT, NORTH DAKOTA.
(a) Acquisition of Easements.--
(1) In general.--The Secretary may 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.--Any 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 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.--The Secretary shall--
[[Page 110 STAT. 3720]]
(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.
SEC. 337. RENO BEACH-HOWARDS FARM, OHIO.
The project for flood protection, Reno Beach-Howards Farm, Ohio,
authorized by section 203 of the Flood Control Act of 1948 (62 Stat.
1178), is modified to provide that the value of lands, easements,
rights-of-way, and disposal areas that are necessary to carry out the
project and are provided by the non-Federal interest shall be determined
on the basis of the appraisal performed by the Corps of Engineers and
dated April 4, 1985.
SEC. 338. 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 (72 Stat. 309) and modified by section 203 of the Flood
Control Act of 1962 (76 Stat. 1187) and section 102(v) of the Water
Resources Development Act of 1992 (106 Stat. 4808), is further modified
to provide for the reallocation of a sufficient quantity of water supply
storage space in Broken Bow Lake to support the Mountain Fork trout
fishery. Releases of water from Broken Bow Lake for the Mountain Fork
trout fishery as mitigation for the loss of fish and wildlife resources
in the Mountain Fork River shall be carried out at no expense to the
State of Oklahoma.
SEC. 339. WISTER LAKE PROJECT, LEFLORE COUNTY, OKLAHOMA.
The Secretary shall maintain a minimum conservation pool level of
478 feet at the Wister Lake project in LeFlore County, Oklahoma,
authorized by section 4 of the Act entitled ``An Act authorizing the
construction of certain public works on rivers and harbors for flood
control, and for other purposes'', approved June 28, 1938 (52 Stat.
1218). Notwithstanding title I of the Water Resources Development Act of
1986 (33 U.S.C. 2211 et seq.) or any other provision of law, any
increase in water supply yield that results from the pool level of 478
feet shall be treated as unallocated water supply until such time as a
user enters into a contract for the supply under such applicable laws
concerning cost-sharing as are in effect on the date of the contract.
SEC. 340. BONNEVILLE LOCK AND DAM, COLUMBIA RIVER, OREGON AND
WASHINGTON.
(a) In General.--The project for Bonneville Lock and Dam, Columbia
River, Oregon and Washington, authorized by the Act of August 20, 1937
(50 Stat. 731), and modified by section 83 of the Water Resources
Development Act of 1974 (88 Stat. 35), is further modified to authorize
the Secretary to convey to the city of North Bonneville, Washington, at
no further cost to the city, all right, title and interest of the United
States in and to the following:
(1) Any municipal facilities, utilities fixtures, and
equipment for the relocated city, and any remaining lands
designated
[[Page 110 STAT. 3721]]
as open spaces or municipal lots not previously conveyed to the
city, specifically, Lots M1 through M15, M16 (the ``community
center lot''), M18, M19, M22, M24, S42 through S45, and S52
through S60.
(2) The ``school lot'' described as Lot 2, block 5, on the
plat of relocated North Bonneville.
(3) Parcels 2 and C, but only upon the completion of any
environmental response actions required under applicable law.
(4) That portion of Parcel B lying south of the existing
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
determines, at the time of the proposed conveyance, that the
Department of the Army has taken all action necessary to protect
human health and the environment.
(5) Such portions of Parcel H as can be conveyed without a
requirement for further investigation, inventory, or other
action by the Department of the Army under the National Historic
Preservation Act (16 U.S.C. 470 et seq.).
(6) Such easements as the Secretary considers necessary
for--
(A) sewer and water line crossings of relocated
Washington State Highway 14; and
(B) reasonable public access to the Columbia River
across those portions of Hamilton Island that remain
under the ownership of the United States.
(b) Time Period for Conveyances.--The conveyances referred to in
subsections (a)(1), (a)(2), (a)(5), and (a)(6)(A) shall be completed
within 180 days after the United States receives the release referred to
in subsection (d). All other conveyances shall be completed
expeditiously, subject to any conditions specified in the applicable
subsection.
(c) Purpose.--The purpose of the conveyances authorized by
subsection (a) is to resolve all outstanding issues between the United
States and the city of North Bonneville.
(d) Acknowledgement of Payment; Release of Claims Relating to
Relocation of City.--As a prerequisite to the conveyances authorized by
subsection (a), the city of North Bonneville shall execute an
acknowledgement of payment of just compensation and shall execute a
release of any and all claims for relief of any kind against the United
States arising out of the relocation of the city of North Bonneville, or
any prior Federal legislation relating thereto, and shall dismiss, with
prejudice, any pending litigation, if any, involving such matters.
(e) Release by Attorney General.--Upon receipt of the city's
acknowledgment and release referred to in subsection (d), the Attorney
General of the United States shall dismiss any pending litigation, if
any, arising out of the relocation of the city of North Bonneville, and
execute a release of any and all rights to damages of any kind under
Town of North Bonneville, Washington v. United States, 11 Cl. Ct. 694,
affirmed in part and reversed in part, 833 F.2d 1024 (Fed. Cir. 1987),
cert. denied, 485 U.S. 1007 (1988), including any interest thereon.
(f) Acknowledgment of Entitlements; Release by City of Claims.--
Within 60 days after the conveyances authorized by subsection (a) (other
than paragraph (6)(B)) have been completed, the city shall execute an
acknowledgement that all entitlements under
[[Page 110 STAT. 3722]]
such paragraph have been completed and shall execute a release of any
and all claims for relief of any kind against the United States arising
out of this section.
(g) Effects on City.--Beginning on the date of the enactment of this
Act, the city of North Bonneville, or any successor in interest thereto,
shall--
(1) be precluded from exercising any jurisdiction over any
lands owned in whole or in part by the United States and
administered by the Corps of Engineers in connection with the
Bonneville project; and
(2) be authorized to change the zoning designations of,
sell, or resell Parcels S35 and S56, which are presently
designated as open spaces.
SEC. 341. COLUMBIA RIVER DREDGING, OREGON AND WASHINGTON.
The project for navigation, Lower Willamette and Columbia Rivers
below Vancouver, Washington, and Portland, Oregon, authorized by the 1st
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 existing 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.
SEC. 342. LACKAWANNA RIVER AT SCRANTON, PENNSYLVANIA.
(a) In General.--The project for flood control, Lackawanna River at
Scranton, Pennsylvania, authorized by section 101(17) of the Water
Resources Development Act of 1992 (106 Stat. 4803), is modified to
direct the Secretary to carry out the project for flood control for the
Plot and Green Ridge sections of the project.
(b) Applicability of Benefit-Cost Ratio Waiver Authority.--In
evaluating and implementing the project, the Secretary shall allow the
non-Federal interest to participate in the financing of the project in
accordance with section 903(c) of the Water Resources Development Act of
1986 (100 Stat. 4184), to the extent that the Secretary's evaluation
indicates that applying such section is necessary to implement the
project.
SEC. 343. MUSSERS DAM, MIDDLE CREEK, SNYDER COUNTY, PENNSYLVANIA.
Section 209(e)(5) of the Water Resources Development Act of 1992
(106 Stat. 4830) is amended by striking ``$3,000,000'' and inserting
``$5,000,000''.
SEC. 344. SCHUYLKILL RIVER, PENNSYLVANIA.
The navigation project for the Schuylkill River, Pennsylvania,
authorized by the 1st 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
August 8, 1917 (40 Stat. 252), is modified to provide for the periodic
removal and disposal of sediment to provide for a depth of 6 feet within
portions of the Fairmount pool between
[[Page 110 STAT. 3723]]
the Fairmount Dam and the Columbia Bridge, generally within the limits
of the channel alignments referred to as the Schuylkill River Racecourse
and return lane, and the Belmont Water Works intakes and Boathouse Row.
SEC. 345. SOUTH CENTRAL PENNSYLVANIA.
(a) Cost Sharing.--Section 313(d)(3)(A) of the Water Resources
Development Act of 1992 (106 Stat. 4846) is amended to read as follows:
``(A) In general.--Total project costs under each
local cooperation agreement entered into under this
subsection shall be shared at 75 percent Federal and 25
percent non-Federal. The Federal share may be provided
in the form of grants or reimbursements of project
costs. The non-Federal interests shall receive credit--
``(i) for design and construction services and
other in-kind work, whether occurring subsequent
to, or within 6 years prior to, entering into an
agreement with the Secretary; and
``(ii) for grants and the value of work
performed on behalf of such interests by State and
local agencies, as determined by the Secretary.''.
(b) Authorization of Appropriations.--Section 313(g)(1) of such Act
(106 Stat. 4846) is amended by striking ``$50,000,000'' and inserting
``$80,000,000''.
(c) Section Heading.--The heading to section 313 of such Act is
amended to read as follows:
``SEC. 313. SOUTH CENTRAL PENNSYLVANIA ENVIRONMENT IMPROVEMENT
PROGRAM.''.
SEC. 346. WYOMING VALLEY, PENNSYLVANIA.
The project for flood control, Wyoming Valley, Pennsylvania,
authorized by section 401(a) of the Water Resources Development Act of
1986 (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
would otherwise be authorized to carry out, but for 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, providing that such measures
are to be carried out for credit by the non-Federal interest.
SEC. 347. ALLENDALE DAM, NORTH PROVIDENCE, RHODE ISLAND.
The project for reconstruction of the Allendale Dam, North
Providence, Rhode Island, authorized by section 358 of the Water
Resources Development Act of 1992 (106 Stat. 4861), is modified to
authorize the Secretary to reconstruct the dam, at a total cost of
$350,000, with an estimated Federal cost of $262,500 and an estimated
non-Federal cost of $87,500.
SEC. 348. NARRAGANSETT, RHODE ISLAND.
Section 361(a) of the Water Resources Development Act of 1992 (106
Stat. 4861) is amended--
(1) by striking ``$200,000'' and inserting ``$1,900,000'';
(2) by striking ``$150,000'' and inserting ``$1,425,000'';
and
(3) by striking ``$50,000'' and inserting ``$475,000''.
[[Page 110 STAT. 3724]]
SEC. 349. CLOUTER CREEK DISPOSAL AREA, CHARLESTON, SOUTH CAROLINA.
(a) Transfer of Administrative Jurisdiction.--Notwithstanding any
other law, the Secretary of the Navy shall transfer to the Secretary
administrative jurisdiction over the approximately 1,400 acres of land
under the jurisdiction of the Department of the Navy that comprise a
portion of the Clouter Creek disposal area, Charleston, South Carolina.
(b) Use of Transferred Land.--The land transferred under subsection
(a) shall be used by the Department of the Army as a dredged material
disposal area for dredging activities in the vicinity of Charleston,
South Carolina, including the Charleston Harbor navigation project.
(c) Cost Sharing.--Operation and maintenance, including
rehabilitation, of the dredged material disposal area transferred under
this section shall be carried out in accordance with section 101 of the
Water Resources Development Act of 1986 (33 U.S.C. 2211).
SEC. 350. BUFFALO BAYOU, TEXAS.
The non-Federal interest for the projects for flood control, Buffalo
Bayou and tributaries, Texas, authorized by section 203 of the Flood
Control Act of 1954 (68 Stat. 1258) and by section 101(a)(21) of the
Water Resources Development Act of 1990 (104 Stat. 4610), may be
reimbursed by up to $5,000,000 or may receive a credit of up to
$5,000,000 toward required non-Federal project cost-sharing
contributions for work performed by the non-Federal interest at each of
the following locations if such work is compatible with 1 or more of the
following authorized projects: White Oak Bayou, Brays Bayou, Hunting
Bayou, Garners Bayou, and the Upper Reach on Greens Bayou.
SEC. 351. DALLAS FLOODWAY EXTENSION, DALLAS, TEXAS.
(a) In General.--The project for flood control, Dallas Floodway
Extension, Dallas, Texas, authorized by section 301 of the River and
Harbor Act of 1965 (79 Stat. 1091), is modified to provide that flood
protection works constructed by the non-Federal interests along the
Trinity River in Dallas, Texas, for Rochester Park and the Central
Wastewater Treatment Plant shall be included as a part of the project
and the cost of such works shall be credited against the non-Federal
share of project costs.
(b) Determination of Amount.--The amount to be credited under
subsection (a) shall be determined by the Secretary. In determining such
amount, the Secretary may permit credit only for that portion of the
work performed by the non-Federal interests that is compatible with the
project referred to in subsection (a), including any modification
thereof, and that is required for construction of such project.
(c) Cash Contribution.--Nothing in this section shall be construed
to limit the applicability of the requirement contained in section
103(a)(1)(A) of the Water Resources Development Act of 1986 (33 U.S.C.
2213(a)(1)(A)) to the project referred to in subsection (a).
SEC. 352. GRUNDY, VIRGINIA.
The Secretary shall proceed with planning, engineering, design, and
construction of the Grundy, Virginia, element of the Levisa and Tug
Forks of the Big Sandy River and Upper Cumberland
[[Page 110 STAT. 3725]]
River project, authorized by section 202 of the Energy and Water
Development Appropriation Act, 1981 (94 Stat. 1339), in accordance with
Plan 3A as set forth in the preliminary draft detailed project report of
the Huntington District Commander, dated August 1993.
SEC. 353. HAYSI LAKE, VIRGINIA.
The Haysi Lake, Virginia, feature of the project for flood control,
Tug Fork of the Big Sandy River, Kentucky, West Virginia, and Virginia,
authorized pursuant to section 202(a) of the Energy and Water
Development Appropriation Act, 1981 (94 Stat. 1339), is modified--
(1) to add recreation and fish and wildlife enhancement as
project purposes;
(2) to direct the Secretary to construct the Haysi Dam
feature of the project substantially in accordance with Plan A
as set forth in the Draft General Plan Supplement Report for the
Levisa Fork Basin, Virginia and Kentucky, dated May 1995;
(3) to direct the Secretary to apply section 103(m) of the
Water Resources Development Act of 1986 (33 U.S.C. 2213(m); 100
Stat. 4087) to the construction of such feature in the same
manner as that section is applied to other projects or project
features constructed pursuant to such section 202(a); and
(4) to provide for operation and maintenance of recreational
facilities on a reimbursable basis.
SEC. 354. RUDEE INLET, VIRGINIA BEACH, VIRGINIA.
The project for navigation and shoreline protection, Rudee Inlet,
Virginia Beach, Virginia, authorized by section 601(d) of the Water
Resources Development Act of 1986 (100 Stat. 4148), is modified to
authorize the Secretary to continue maintenance of the project for 50
years beginning on the date of initial construction of the project. The
Federal share of the cost of such maintenance shall be determined in
accordance with title I of the Water Resources Development Act of 1986
(33 U.S.C. 2211 et seq.).
SEC. 355. VIRGINIA BEACH, VIRGINIA.
(a) Adjustment of Non-Federal Share.--Notwithstanding any other
provision of law, the non-Federal share of the costs of the project for
beach erosion control and hurricane protection, Virginia Beach,
Virginia, authorized by section 501(a) of the Water Resources
Development Act of 1986 (100 Stat. 4136), shall be reduced by $3,120,803
or by such amount as is determined by an audit carried out by the
Department of the Army to be due to the city of Virginia Beach as
reimbursement for beach nourishment activities carried out by the city
between October 1, 1986, and September 30, 1993, if the Federal
Government has not reimbursed the city for the activities prior to the
date on which a project cooperation agreement is executed for the
project.
(b) Extension of Federal Participation.--
(1) In general.--In accordance with section 156 of the Water
Resources Development Act of 1976 (42 U.S.C. 1962d-5f), the
Secretary shall extend Federal participation in the periodic
nourishment of Virginia Beach as authorized by section 101 of
the River and Harbor Act of 1954 (68 Stat. 1254) and modified by
section 101 of the River and Harbor Act of 1962 (76 Stat. 1177).
[[Page 110 STAT. 3726]]
(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 (106 Stat. 4810).
SEC. 356. EAST WATERWAY, WASHINGTON.
The project for navigation, East and West Waterways, Seattle Harbor,
Washington, authorized by the 1st section of the Act entitled ``An Act
making appropriations for the construction, repair, and preservation of
certain public works on rivers and harbors, and for other purposes'',
approved March 2, 1919 (40 Stat. 1285), is modified to direct the
Secretary--
(1) to expedite review of potential deepening of the channel
in the East waterway from Elliott Bay to Terminal 25 to a depth
of up to 51 feet; and
(2) if determined to be feasible, to implement such
deepening as part of project maintenance.
In carrying out work authorized by this section, the Secretary shall
coordinate with the Port of Seattle regarding use of Slip 27 as a
dredged material disposal area.
SEC. 357. BLUESTONE LAKE, WEST VIRGINIA.
Section 102(ff) of the Water Resources Development Act of 1992 (106
Stat. 4810) is amended by inserting after ``project,'' the 1st place it
appears ``except for that organic matter necessary to maintain and
enhance the biological resources of such waters and such nonobtrusive
items of debris as may not be economically feasible to prevent being
released through such project,''.
SEC. 358. MOOREFIELD, WEST VIRGINIA.
(a) Review.--The Secretary, as part of the implementation of the
project for flood control, Moorefield, West Virginia, shall conduct a
review of the activities of the Corps of Engineers to determine whether
the failure of the Corps of Engineers to complete land acquisition for
the project by May 1, 1996, contributed to any flood damages at the town
of Moorefield during 1996.
(b) Reduction of Non-Federal Share.--To the extent the Secretary
determines under subsection (a) that the activities of the Corps of
Engineers contributed to any flood damages, the Secretary shall reduce
the non-Federal share of the flood control project by up to $700,000.
Such costs shall become a Federal responsibility for carrying out the
flood control project.
SEC. 359. SOUTHERN WEST VIRGINIA.
(a) Cost Sharing.--Section 340(c)(3) of the Water Resources
Development Act of 1992 (106 Stat. 4856) is amended to read as follows:
``(3) Cost sharing.--
``(A) In general.--Total project costs under each
local cooperation agreement entered into under this
subsection shall be shared at 75 percent Federal and 25
percent non-Federal. The Federal share may be in the
form of grants or reimbursements of project costs.
[[Page 110 STAT. 3727]]
``(B) Credit for design work.--The non-Federal
interest shall receive credit for the reasonable costs
of design work completed by such interest prior to
entering into a local cooperation agreement with the
Secretary for a project. The credit for such design work
shall not exceed 6 percent of the total construction
costs of the project.
``(C) Credit for interest.--In the event of a delay
in the funding of the non-Federal share of a project
that is the subject of an agreement under this section,
the non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of a project's cost.
``(D) Credit for lands, easements, and rights-of-
way.--The non-Federal interest shall receive credit for
lands, easements, rights-of-way, and relocations toward
its share of project costs (including all reasonable
costs associated with obtaining permits necessary for
the construction, operation, and maintenance of such
project on publicly owned or controlled lands), but not
to exceed 25 percent of total project costs.
``(E) Operation and maintenance.--Operation and
maintenance costs for projects constructed with
assistance provided under this section shall be 100
percent non-Federal.''.
(b) Funding.--Section 340(g) of the Water Resources Development Act
of 1992 (106 Stat. 4856) is amended by striking ``$5,000,000'' and
inserting ``$20,000,000''.
SEC. 360. WEST VIRGINIA TRAILHEAD FACILITIES.
Section 306 of the Water Resources Development Act of 1992 (106
Stat. 4840-4841) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(2) by adding at the end the following:
``(b) Interagency Agreement.--The Secretary shall enter into an
interagency agreement with the Federal entity that provided assistance
in the preparation of the study for the purposes of providing ongoing
technical assistance and oversight for the trail facilities envisioned
by the plan developed under this section. The Federal entity shall
provide such assistance and oversight.''.
SEC. 361. KICKAPOO RIVER, WISCONSIN.
(a) In General.--The project for flood control and allied purposes,
Kickapoo River, Wisconsin, authorized by section 203 of the Flood
Control Act of 1962 (76 Stat. 1190) and modified by section 814 of the
Water Resources Development Act of 1986 (100 Stat. 4169), is further
modified as provided by this section.
(b) Transfer of Property.--
(1) In general.--Subject to the requirements of this
subsection, the Secretary shall transfer to the State of
Wisconsin, without consideration, all right, title, and interest
of the United States to the lands described in paragraph (3),
including all works, structures, and other improvements to such
lands.
(2) Transfer to secretary of the interior.--Subject to the
requirements of this subsection, on the date of the transfer
under paragraph (1), the Secretary shall transfer to the
Secretary of the Interior, without consideration, all right,
title, and interest of the United States to lands that are cul
[[Page 110 STAT. 3728]]
turally and religiously significant sites of the Ho-Chunk Nation
(a federally recognized Indian tribe) and are located within the
lands described in paragraph (3). Such lands shall be described
in accordance with paragraph (4)(C) and may not exceed a total
of 1,200 acres.
(3) Land description.--The lands to be transferred pursuant
to paragraphs (1) and (2) are the approximately 8,569 acres of
land associated with the LaFarge Dam and Lake portion of the
project referred to in subsection (a) in Vernon County,
Wisconsin, in the following sections:
(A) Section 31, Township 14 North, Range 1 West of
the 4th Principal Meridian.
(B) Sections 2 through 11, and 16, 17, 20, and 21,
Township 13 North, Range 2 West of the 4th Principal
Meridian.
(C) Sections 15, 16, 21 through 24, 26, 27, 31, and
33 through 36, Township 14 North, Range 2 West of the
4th Principal Meridian.
(4) Terms and conditions.--
(A) Hold harmless; reimbursement of united states.--
The transfer under paragraph (1) shall be made on the
condition that the State of Wisconsin enters into a
written agreement with the Secretary to hold the United
States harmless from all claims arising from or through
the operation of the lands and improvements subject to
the transfer. If title to the lands described in
paragraph (3) is sold or transferred by the State, the
State shall reimburse the United States for the price
originally paid by the United States for purchasing such
lands.
(B) In general.--The Secretary shall make the
transfers under paragraphs (1) and (2) only if on or
before October 31, 1997, the State of Wisconsin enters
into and submits to the Secretary a memorandum of
understanding, as specified in subparagraph (C), with
the tribal organization (as defined by section 4(l) of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(l))) of the Ho-Chunk Nation.
(C) Memorandum of understanding.--The memorandum of
understanding referred to in subparagraph (B) 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 paragraph (2).
(ii) An agreement specifying that the lands
transferred under paragraphs (1) and (2) 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 paragraphs (1) and
(2).
(iv) A provision requiring a review of the
plan referred to in clause (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 to the plan in order to address changed
circumstances on
[[Page 110 STAT. 3729]]
the lands transferred under paragraph (2). Such
provision may include a plan for the transfer by
the State to the United States 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.
(5) Administration of lands.--The lands transferred to the
Secretary of the Interior under paragraph (2), and any lands
transferred to the Secretary of the Interior under the
memorandum of understanding entered into under paragraph (4), or
under any revision of such memorandum of understanding, 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.
(6) 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 subsection (a) within Township 14 North,
Range 2 West of the 4th Principal Meridian, Vernon County,
Wisconsin.
(7) Deauthorization.--Except as provided in subsection (c),
the LaFarge Dam and Lake portion of the project referred to in
subsection (a) is not authorized after the date of the transfer
under this subsection.
(8) Interim management and maintenance.--The Secretary shall
continue to manage and maintain the LaFarge Dam and Lake portion
of the project referred to in subsection (a) until the date of
the transfer under this subsection.
(c) Completion of Project Features.--
(1) Requirement.--The Secretary shall undertake the
completion of the following features of the project referred to
in subsection (a):
(A) The continued relocation of State highway route
131 and county highway routes P and F substantially in
accordance with plans contained in Design Memorandum No.
6, Relocation-LaFarge Reservoir, dated June 1970; except
that the relocation shall generally follow the existing
road rights-of-way through the Kickapoo Valley.
(B) Site restoration of abandoned wells, farm sites,
and safety modifications to the water control
structures.
(2) Additional requirements.--All activities undertaken
pursuant to this subsection shall comply with the Native
American Graves Protection and Repatriation Act (25 U.S.C. 3001
et seq.), the Archaeological Resources Protection Act of 1979
(16 U.S.C. 470aa et seq.), the National Historic Preservation
Act (16 U.S.C. 470 et seq.), and any subsequent Federal law
enacted relating to cultural artifacts, human remains, or
historic preservation.
(3) <<NOTE: Native Americans.>> Participation by state of
wisconsin and the ho-chunk nation.--In undertaking completion of
the features under paragraph (1), the Secretary shall consult
with the State
[[Page 110 STAT. 3730]]
of Wisconsin and the Ho-Chunk Nation on the location of each
feature.
(d) Funding.--There is authorized to be appropriated to carry out
this section $17,000,000.
SEC. 362. TETON COUNTY, WYOMING.
Section 840 of the Water Resources Development Act of 1986 (100
Stat. 4176) is amended--
(1) by striking ``: Provided, That'' and inserting ``;
except that'';
(2) by striking ``in cash or materials'' and inserting ``,
through providing in-kind services or cash or materials,''; and
(3) by adding at the end the following: ``In carrying out
this section, the Secretary may enter into agreements with the
non-Federal sponsor permitting the non-Federal sponsor to
perform operation and maintenance for the project on a cost-
reimbursable basis.''.
SEC. 363. PROJECT REAUTHORIZATIONS.
(a) Grand Prairie Region and Bayou Meto Basin, Arkansas.--The
project for flood control, Grand Prairie Region and Bayou Meto Basin,
Arkansas, authorized by section 204 of the Flood Control Act of 1950 (64
Stat. 174) and deauthorized pursuant to section 1001(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)), is authorized to
be carried out by the Secretary; except that the scope of the project
includes ground water protection and conservation, agricultural water
supply, and waterfowl management if the Secretary determines that the
change in the scope of the project is technically sound, environmentally
acceptable, and economic, as applicable.
(b) White River, Arkansas.--The project for navigation, White River
Navigation to Batesville, Arkansas, authorized by section 601(a) of the
Water Resources Development Act of 1986 (100 Stat. 4139) and
deauthorized by section 52(b) of the Water Resources Development Act of
1988 (102 Stat. 4044), is authorized to be carried out by the Secretary.
(c) Des Plaines River, Illinois.--The project for wetlands research,
Des Plaines River, Illinois, authorized by section 45 of the Water
Resources Development Act of 1988 (102 Stat. 4041) and deauthorized
pursuant to section 1001(b) of the Water Resources Development Act of
1986 (33 U.S.C. 579a(b)), is authorized to be carried out by the
Secretary.
(d) Alpena Harbor, Michigan.--The project for navigation, Alpena
Harbor, Michigan, authorized by section 301 of the River and Harbor Act
of 1965 (79 Stat. 1090) and deauthorized pursuant to section 1001(b) of
the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)), is
authorized to be carried out by the Secretary.
(e) Ontonagon Harbor, Ontonagon County, Michigan.--The project for
navigation, Ontonagon Harbor, Ontonagon County, Michigan, authorized by
section 101 of the River and Harbor Act of 1962 (76 Stat. 1176) and
deauthorized pursuant to section 1001(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)), is authorized to be carried
out by the Secretary.
(f) Knife River Harbor, Minnesota.--The project for navigation,
Knife River Harbor, Minnesota, authorized by section 100 of the Water
Resources Development Act of 1974 (88 Stat. 41) and deauthorized
pursuant to section 1001(b) of the Water
[[Page 110 STAT. 3731]]
Resources Development Act of 1986 (33 U.S.C. 579a(b)), is authorized to
be carried out by the Secretary.
(g) Cliffwood Beach, New Jersey.--The project for hurricane-flood
protection and beach erosion control on Raritan Bay and Sandy Hook Bay,
New Jersey, authorized by section 203 of the Flood Control Act of 1962
(76 Stat. 1181) and deauthorized pursuant to section 1001(b) of the
Water Resources Development Act of 1986 (33 U.S.C. 579a(b)), is
authorized to be carried out by the Secretary.
SEC. 364. PROJECT DEAUTHORIZATIONS.
The following projects are not authorized after the date of the
enactment of this Act:
(1) Branford harbor, connecticut.--The 2,267 square foot
portion of the project for navigation in the Branford River,
Branford Harbor, Connecticut, authorized by the 1st 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 June
13, 1902 (32 Stat. 333), lying shoreward of a line 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.
(2) Bridgeport harbor, connecticut.--
(A) Anchorage area.--The portion of the project for
navigation, Bridgeport Harbor, Connecticut, authorized
by section 101 of the River and Harbor Act of 1958 (72
Stat. 297), consisting of a 2-acre anchorage area with a
depth of 6 feet at the head of Johnsons River between
the Federal channel and Hollisters Dam.
(B) Johnsons river channel.--The portion of the
project for navigation, Johnsons River Channel,
Bridgeport Harbor, Connecticut, authorized by the 1st
section of the Act entitled ``An Act authorizing the
construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes'',
approved July 24, 1946 (60 Stat. 634), that is northerly
of a line across the Federal channel the coordinates of
which are north 123318.35, east 486301.68, and north
123257.15, east 486380.77.
(3) Guilford harbor, connecticut.--The portion of the
project for navigation, Guilford Harbor, Connecticut, 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. 13), that consists of the 6-foot deep channel
in Sluice Creek and that is not included in the following
description of the realigned channel: Beginning at a point where
the Sluice Creek Channel intersects with the main entrance
channel, N159194.63, E623201.07, thence running north 24
degrees, 58 minutes, 15.2 seconds west 478.40 feet to a point
N159628.31, E622999.11, thence running north 20 degrees, 18
minutes, 31.7 seconds west 351.53 feet to a point N159957.99,
E622877.10, thence running north 69 degrees, 41 minutes, 37.9
seconds east 55.00 feet to a point N159977.08, E622928.69,
thence
[[Page 110 STAT. 3732]]
turning and running south 20 degrees, 18 minutes, 31.0 seconds
east 349.35 feet to a point N159649.45, E623049.94, thence
turning and running south 24 degrees, 58 minutes, 11.1 seconds
east 341.36 feet to a point N159340.00, E623194.04, thence
turning and running south 90 degrees, 0 minutes, 0 seconds east
78.86 feet to a point N159340.00, E623272.90.
(4) Mystic river, connecticut.--The following portion of the
project for improving the Mystic River, Connecticut, authorized
by the 1st section of the Act entitled ``An Act making
appropriations for the construction, repair, and preservation of
certain public works on rivers and harbors, and for other
purposes'', approved March 4, 1913 (37 Stat. 802): Beginning in
the 15-foot deep channel at coordinates north 190860.82, east
814416.20, thence running southeast about 52.01 feet to the
coordinates north 190809.47, east 814424.49, thence running
southwest about 34.02 feet to coordinates north 190780.46, east
814406.70, thence running north about 80.91 feet to the point of
beginning.
(5) Norwalk harbor, connecticut.--
(A) In general.--The following portions of projects
for navigation, Norwalk Harbor, Connecticut:
(i) The portion authorized by the 1st section
of the Act entitled ``An Act making appropriations
for the construction, repair, and preservation of
certain public works on rivers and harbors, and
for other purposes'', approved March 2, 1919 (40
Stat. 1276), that lies northerly of a line across
the Federal channel having coordinates N104199.72,
E417774.12 and N104155.59, E417628.96.
(ii) The portions of the 6-foot deep East
Norwalk Channel and Anchorage, 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. 13), that are not included in the
description of the realigned channel and anchorage
set forth in subparagraph (B).
(B) Description of realigned channel and
anchorage.--The realigned 6-foot deep East Norwalk
Channel and Anchorage referred to in subparagraph
(A)(ii) is described as follows: Beginning at a point on
the East Norwalk Channel, N95743.02, E419581.37, thence
running northwesterly about 463.96 feet to a point
N96197.93, E419490.18, thence running northwesterly
about 549.32 feet to a point N96608.49, E419125.23,
thence running northwesterly about 384.06 feet to a
point N96965.94, E418984.75, thence running
northwesterly about 407.26 feet to a point N97353.87,
E418860.78, thence running westerly about 58.26 feet to
a point N97336.26, E418805.24, thence running
northwesterly about 70.99 feet to a point N97390.30,
E418759.21, thence running westerly about 71.78 feet to
a point on the anchorage limit N97405.26, E418689.01,
thence running southerly along the western limits of the
Federal anchorage in existence on the date of the
enactment of this Act until reaching a point N95893.74,
E419449.17, thence running in a southwesterly
[[Page 110 STAT. 3733]]
direction about 78.74 feet to a point on the East
Norwalk Channel N95815.62, E419439.33.
(C) Designation of realigned channel and
anchorage.--All of the realigned channel shall be
redesignated as an anchorage, with the exception of the
portion of the channel that narrows to a width of 100
feet and terminates at a line the coordinates of which
are N96456.81, E419260.06 and N96390.37, E419185.32,
which shall remain as a channel.
(6) Patchogue river, westbrook, connecticut.--
(A) In general.--The following portion of the
project for navigation, Patchogue River, Connecticut,
authorized by section 101 of the River and Harbor Act of
1954 (68 Stat. 1249): A portion of the 8-foot deep
channel that lies northwesterly of a line whose
coordinates are N161108.83, E676901.34 and N161246.53,
E677103.75. The perimeter of this area starts at a point
with coordinates N161108.83, E676901.34, thence running
north 7 degrees, 50 minutes, 44.2 seconds west 27.91
feet to a point N161136.48, E676897.53, thence running
north 55 degrees, 46 minutes, 23.3 seconds east 190.05
feet to a point N161243.38, E677054.67, thence running
north 86 degrees, 19 minutes, 39.9 seconds east 49.18
feet to a point N161246.53, E677103.75, thence running
south 55 degrees, 46 minutes, 20.8 seconds west 244.81
feet to the point of origin.
(B) Redesignation.--The portion of the project for
navigation, Patchogue River, Connecticut, referred to in
subparagraph (A), which is now part of the 8-foot deep
anchorage lying northwesterly of a line whose
coordinates are N161067.46, E676982.76 and N161173.63,
E677138.81, is redesignated as part of the 8-foot deep
channel. The perimeter of this area starts at a point
with coordinates N161067.46, E676982.76, thence running
north 7 degrees, 48 minutes, 40.7 seconds west 5.59 feet
to a point N161073.00, E676982.00, thence running north
55 degrees, 46 minutes, 25.1 seconds east 177.79 feet to
a point N161173.00, E677129.00, thence running north 86
degrees, 19 minutes, 31.8 seconds east 9.83 feet to a
point N161173.63, E677138.81, thence running south 55
degrees, 46 minutes, 12.9 seconds west 188.74 feet to
the point of origin.
(7) Southport harbor, connecticut.--
(A) In general.--The following portions of the
project for navigation, Southport Harbor, Connecticut,
authorized by the 1st 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):
(i) The 6-foot deep anchorage located at the
head of the project.
(ii) The portion of the 9-foot deep channel
beginning at a bend in the channel the coordinates
of which are north 109131.16, east 452653.32,
running thence in a northeasterly direction about
943.01 feet to a point the coordinates of which
are north 109635.22, east 453450.31, running
thence in a southeasterly direction about 22.66
feet to a point the coordinates
[[Page 110 STAT. 3734]]
of which are north 109617.15, east 453463.98,
running thence in a southwesterly direction about
945.18 feet to the point of beginning.
(B) Remainder.--The portion of the project referred
to in subparagraph (A) that is remaining after the
deauthorization made by subparagraph (A) and that is
northerly of a line the coordinates of which are north
108699.15, east 452768.36, and north 108655.66, east
452858.73, is redesignated as an anchorage.
(8) 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: 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.
(9) East boothbay harbor, maine.--The following portion of
the navigation project for East Boothbay Harbor, Maine,
authorized by the 1st 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 June 25, 1910 (36 Stat. 657),
containing approximately 1.15 acres and described in accordance
with the Maine State Coordinate System, West Zone:
Beginning at a point noted as point number 6 and shown as
having plan coordinates of North 9, 722, East 9, 909, on the
plan entitled, ``East Boothbay Harbor, Maine, examination, 8-
foot area'', and dated August 9, 1955, Drawing Number F1251 D-6-
2, that point having Maine State Coordinate System, West Zone
coordinates of Northing 74514, Easting 698381.
Thence, North 58 degrees, 12 minutes, 30 seconds East a
distance of 120.9 feet to a point.
Thence, South 72 degrees, 21 minutes, 50 seconds East a
distance of 106.2 feet to a point.
Thence, South 32 degrees, 04 minutes, 55 seconds East a
distance of 218.9 feet to a point.
Thence, South 61 degrees, 29 minutes, 40 seconds West a
distance of 148.9 feet to a point.
Thence, North 35 degrees, 14 minutes, 12 seconds West a
distance of 87.5 feet to a point.
Thence, North 78 degrees, 30 minutes, 58 seconds West a
distance of 68.4 feet to a point.
Thence, North 27 degrees, 11 minutes, 39 seconds West a
distance of 157.3 feet to the point of beginning.
(10) Kennebunk river, maine.--The portion of the project for
navigation, Kennebunk River, Maine, authorized by section 101 of
the River and Harbor Act of 1962 (76 Stat. 1173) and consisting
of a 6-foot deep channel that lies northerly of a line the
coordinates of which are N191412.53, E417265.28 and N191445.83,
E417332.48.
(11) York harbor, maine.--The following portions of the
project for navigation, York Harbor, Maine, authorized by
section 101 of the River and Harbor Act of 1960 (74 Stat. 480):
[[Page 110 STAT. 3735]]
(A) The portion located in the 8-foot deep anchorage
area beginning at coordinates N109340.19, E372066.93,
thence running north 65 degrees, 12 minutes, 10.5
seconds east 423.27 feet to a point N109517.71,
E372451.17, thence running north 28 degrees, 42 minutes,
58.3 seconds west 11.68 feet to a point N109527.95,
E372445.56, thence running south 63 degrees, 37 minutes,
24.6 seconds west 422.63 feet to the point of beginning.
(B) The portion located in the 8-foot deep anchorage
area beginning at coordinates N108557.24, E371645.88,
thence running south 60 degrees, 41 minutes, 17.2
seconds east 484.51 feet to a point N108320.04,
E372068.36, thence running north 29 degrees, 12 minutes,
53.3 seconds east 15.28 feet to a point N108333.38,
E372075.82, thence running north 62 degrees, 29 minutes,
42.1 seconds west 484.73 feet to the point of beginning.
(12) Chelsea river, boston harbor, massachusetts.--The
following portion of the project for navigation, Boston Harbor,
Massachusetts, authorized by section 101 of the River and Harbor
Act of 1962 (76 Stat. 1173), consisting of a 35-foot deep
channel in the Chelsea River: Beginning at a point on the
northern limit of the existing project N505357.84, E724519.19,
thence running northeasterly about 384.19 feet along the
northern limit of the existing project to a bend on the northern
limit of the existing project N505526.87, E724864.20, thence
running southeasterly about 368.00 feet along the northern limit
of the existing project to another point N505404.77, E725211.35,
thence running westerly about 594.53 feet to a point N505376.12,
E724617.51, thence running southwesterly about 100.00 feet to
the point of origin.
(13) 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), and authorized pursuant to section
107 of the River and Harbor Act of 1960 (33 U.S.C. 577): 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 the
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
[[Page 110 STAT. 3736]]
minutes 33.8 seconds east 31.28 feet to the 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 the point of origin.
(14) Falmouth, massachusetts.--
(A) Deauthorizations.--The following portions of the
project for navigation, Falmouth Harbor, Massachusetts,
authorized by section 101 of the River and Harbor Act of
1948 (62 Stat. 1172):
(i) The portion commencing at a point north
199286.37 east 844394.81 a line running north 73
degrees 09 minutes 29 seconds east 440.34 feet to
a point north 199413.99 east 844816.36, thence
turning and running north 43 degrees 09 minutes
34.5 seconds east 119.99 feet to a point north
199501.52 east 844898.44, thence turning and
running south 66 degrees 52 minutes 03.5 seconds
east 547.66 feet returning to a point north
199286.41 east 844394.91.
(ii) The portion commencing at a point north
199647.41 east 845035.25 a line running north 43
degrees 09 minutes 33.1 seconds east 767.15 feet
to a point north 200207.01 east 845560.00, thence
turning and running north 11 degrees 04 minutes
24.3 seconds west 380.08 feet to a point north
200580.01 east 845487.00, thence turning and
running north 22 degrees 05 minutes 50.8 seconds
east 1332.36 feet to a point north 201814.50 east
845988.21, thence turning and running north 02
degrees 54 minutes 15.7 seconds east 15.0 feet to
a point north 201829.48 east 845988.97, thence
turning and running south 24 degrees 56 minutes
42.3 seconds west 1410.29 feet returning to the
point north 200550.75 east 845394.18.
(B) Redesignation.--The portion of the project for
navigation, Falmouth, Massachusetts, referred to in
subparagraph (A) upstream of a line designated by the 2
points north 199463.18 east 844496.40 and north
199350.36 east 844544.60 is redesignated as an anchorage
area.
(15) Mystic river, massachusetts.--The following portion of
the project for navigation, Mystic River, Massachusetts,
authorized by section 101 of the River and Harbor Act of 1950
(64 Stat. 164): The 35-foot deep channel beginning at a point on
the northern limit of the existing project, N506243.78,
E717600.27, thence running easterly about 1000.00 feet along the
northern limit of the existing project to a point, N506083.42,
E718587.33, thence running southerly about 40.00 feet to a
point, N506043.94, E718580.91, thence running westerly about
1000.00 feet to a point, N506204.29, E717593.85, thence running
northerly about 40.00 feet to the point of origin.
(16) Reserved channel, boston, massachusetts.--The portion
of the project for navigation, Reserved Channel, Boston,
[[Page 110 STAT. 3737]]
Massachusetts, authorized by section 101(a)(13) of the Water
Resources Development Act of 1990 (104 Stat. 4607), that
consists of a 40-foot deep channel beginning at a point along
the southern limit of the authorized project, N489391.22,
E728246.54, thence running northerly about 54 feet to a point,
N489445.53, E728244.97, thence running easterly about 2,926 feet
to a point, N489527.38, E731170.41, thence running southeasterly
about 81 feet to a point, N489474.87, E731232.55, thence running
westerly about 2,987 feet to the point of origin.
(17) Weymouth-fore and town rivers, massachusetts.--The
following portions of the project for navigation, Weymouth-Fore
and Town Rivers, Boston Harbor, Massachusetts, authorized by
section 301 of the River and Harbor Act of 1965 (79 Stat. 1089):
(A) The 35-foot deep channel beginning at a bend on
the southern limit of the existing project, N457394.01,
E741109.74, thence running westerly about 405.25 feet to
a point, N457334.64, E740708.86, thence running
southwesterly about 462.60 feet to another bend in the
southern limit of the existing project, N457132.00,
E740293.00, thence running northeasterly about 857.74
feet along the southern limit of the existing project to
the point of origin.
(B) The 15- and 35-foot deep channels beginning at a
point on the southern limit of the existing project,
N457163.41, E739903.49, thence running northerly about
111.99 feet to a point, N457275.37, E739900.76, thence
running westerly about 692.37 feet to a point
N457303.40, E739208.96, thence running southwesterly
about 190.01 feet to another point on the southern limit
of the existing project, N457233.17, E739032.41, thence
running easterly about 873.87 feet along the southern
limit of the existing project to the point of origin.
(18) Cocheco river, new hampshire.--
(A) In general.--The portion of the project for
navigation, Cocheco River, New Hampshire, authorized by
the 1st 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.
(B) Maintenance dredging.--Not later than 18 months
after the date of the 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 subparagraph (A)
to restore authorized channel dimensions.
(19) Morristown harbor, new york.--The portion of the
project for navigation, Morristown Harbor, New York, authorized
by the 1st 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.
(20) Oswegatchie river, ogdensburg, new york.--The portion
of the Federal channel of the project for navigation,
[[Page 110 STAT. 3738]]
Ogdensburg Harbor, New York, authorized by the 1st 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 June
25, 1910 (36 Stat. 635), and modified by the 1st 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. 1037),
that is in the Oswegatchie River in Ogdensburg, New York, from
the southernmost alignment of the Route 68 bridge upstream to
the northernmost alignment of the Lake Street bridge.
(21) Conneaut harbor, ohio.--The most southerly 300 feet of
the 1,670-foot long Shore Arm of the project for navigation,
Conneaut Harbor, Ohio, authorized by the 1st 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 June 25, 1910 (36
Stat. 653).
(22) Lorain small boat basin, lake erie, ohio.--The portion
of the Federal navigation channel, Lorain Small Boat Basin, Lake
Erie, Ohio, authorized pursuant to section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577) that is situated in the State
of Ohio, County of Lorain, Township of Black River and is a part
of Original Black River Township Lot Number 1, Tract Number 1,
further known as being submerged lands of Lake Erie owned by the
State of Ohio, and that is more definitely described as follows:
Commencing at a drill hole found on the centerline
of Lakeside Avenue (60 feet in width) at the
intersection of the centerline of the East Shorearm of
Lorain Harbor, that point being known as United States
Corps of Engineers Monument No. 203 (N658012.20,
E208953.88).
Thence, in a line north 75 degrees 26 minutes 12
seconds west, a distance of 387.87 feet to a point
(N658109.73, E2089163.47). This point is hereinafter in
this paragraph referred to as the ``principal point of
beginning''.
Thence, north 58 degrees 14 minutes 11 seconds west,
a distance of 50.00 feet to a point (N658136.05,
E2089120.96).
Thence, south 67 degrees 49 minutes 32 seconds west,
a distance of 665.16 feet to a point (N657885.00,
E2088505.00).
Thence, north 88 degrees 13 minutes 52 seconds west,
a distance of 551.38 feet to a point (N657902.02,
E2087953.88).
Thence, north 29 degrees 17 minutes 42 seconds east,
a distance of 114.18 feet to a point (N658001.60,
E2088009.75).
Thence, south 88 degrees 11 minutes 40 seconds east,
a distance of 477.00 feet to a point (N657986.57,
E2088486.51).
Thence, north 68 degrees 11 minutes 06 seconds east,
a distance of 601.95 feet to a point (N658210.26,
E2089045.35).
[[Page 110 STAT. 3739]]
Thence, north 35 degrees 11 minutes 34 seconds east,
a distance of 89.58 feet to a point (N658283.47,
E2089096.98).
Thence, south 20 degrees 56 minutes 30 seconds east,
a distance of 186.03 feet to the principal point of
beginning (N658109.73, E2089163.47) and containing
within such bounds 2.81 acres, more or less, of
submerged land.
(23) 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
(74 Stat. 480), consisting of the 6-foot deep channel: 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.
(24) Port washington harbor, wisconsin.--The following
portion of the navigation project for Port Washington Harbor,
Wisconsin, authorized by the 1st section of the Act entitled
``An Act making appropriations for the repair, preservation, and
completion of certain public works on rivers and harbors, and
for other purposes, for the fiscal year ending June thirtieth,
eighteen hundred and seventy-one'', approved July 11, 1870 (16
Stat. 223): Beginning at the northwest corner of the project at
Channel Pt. No. 36, of the Federal Navigation Project, Port
Washington Harbor, Ozaukee County, Wisconsin, at coordinates
N513529.68, E2535215.64, thence 188 degrees 31 minutes 59
seconds, a distance of 178.32 feet, thence 196 degrees 47
minutes 17 seconds, a distance of 574.80 feet, thence 270
degrees 58 minutes 25 seconds, a distance of 465.50 feet, thence
178 degrees 56 minutes 17 seconds, a distance of 130.05 feet,
thence 87 degrees 17 minutes 05 seconds, a distance of 510.22
feet, thence 104 degrees 58 minutes 31 seconds, a distance of
178.33 feet, thence 115 degrees 47 minutes 55 seconds, a
distance of 244.15 feet, thence 25 degrees 12 minutes 08
seconds, a distance of 310.00 feet, thence 294 degrees 46
minutes 50 seconds, a distance of 390.20 feet, thence 16 degrees
56 minutes 16 seconds, a distance of 570.90 feet, thence 266
degrees 01 minutes 25 seconds, a distance of 190.78 feet to
Channel Pt. No. 36, the point of beginning.
SEC. 365. MISSISSIPPI DELTA REGION, LOUISIANA.
The Mississippi Delta Region project, Louisiana, authorized as part
of the project for hurricane-flood protection on Lake Pontchartrain,
Louisiana, by section 204 of the Flood Control Act of 1965 (79 Stat.
1077), is modified to direct the Secretary to provide a credit to the
State of Louisiana toward its non-Federal share of the cost of the
project. The credit shall be for the cost incurred by the State in
developing and relocating oyster beds to offset the adverse impacts on
active and productive oyster beds in the Davis Pond project area. The
credit shall be subject to such terms and conditions as the Secretary
deems necessary and shall not exceed $7,500,000.
SEC. 366. MONONGAHELA RIVER, PENNSYLVANIA.
The Secretary may make available to the Southwestern Pennsylvania
Growth Fund (a regional industrial development corporation) at no
additional cost to the United States, dredged and
[[Page 110 STAT. 3740]]
excavated materials resulting from construction of the new gated dam at
Braddock, Pennsylvania, as part of the Locks and Dams 2, 3, and 4,
Monongahela River, Pennsylvania, navigation project, to support
environmental restoration of the former United States Steel Duquesne
Works brownfield site--
(1) if the Pennsylvania Department of Environmental
Protection issues a ``no further action'' decision or a
mitigation plan for the site prior to a determination by the
District Engineer, Pittsburgh District, that the dredged and
excavated materials are available; and
(2) if the Southwestern Pennsylvania Growth Fund agrees to
hold and save the United States free from damages in connection
with use of the dredged and excavated materials, except for
damages due to the fault or negligence of the United States or
its contractors.
TITLE IV--STUDIES
SEC. 401. <<NOTE: Reports. 33 USC 1263 note.>> CORPS CAPABILITY STUDY,
ALASKA.
Not later than 18 months after the date of the enactment of this
Act, the Secretary shall report to Congress on the advisability and
capability of the Corps of Engineers to implement rural sanitation
projects for rural and Native villages in Alaska.
SEC. 402. 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 economic benefits that
were not included in the limited economic analysis contained in
the reconnaissance report for the project dated November 1995.
SEC. 403. MCDOWELL MOUNTAIN, ARIZONA.
The Secretary shall credit toward the non-Federal share of the cost
of the feasibility study on the McDowell Mountain, Arizona, project an
amount equal to the cost of work performed by the city of Scottsdale,
Arizona, and accomplished prior to the city's entering into an agreement
with the Secretary if the Secretary determines that the work is
necessary for the study.
SEC. 404. NOGALES WASH AND TRIBUTARIES, ARIZONA.
(a) Study.--The Secretary shall conduct a study of the relationship
of flooding in Nogales, Arizona, and floodflows emanating from Mexico.
(b) Report.--The Secretary shall transmit to Congress a report on
the results of the study conducted under subsection (a), together with
recommendations concerning the appropriate level of non-Federal
participation in the project for flood control, Nogales Wash and
tributaries, Arizona, authorized by section 101(a)(4) of the Water
Resources Development Act of 1990 (104 Stat. 4606).
SEC. 405. GARDEN GROVE, CALIFORNIA.
The Secretary shall conduct a study to assess the feasibility of
implementing improvements in the regional flood control system within
Garden Grove, California.
[[Page 110 STAT. 3741]]
SEC. 406. MUGU LAGOON, CALIFORNIA.
(a) Study.--The Secretary shall conduct a study of the environmental
impacts associated with sediment transport, floodflows, and upstream
watershed land use practices on Mugu Lagoon, California. The study shall
include an evaluation of alternatives for the restoration of the
estuarine ecosystem functions and values associated with Mugu Lagoon and
the endangered and threatened species inhabiting the area.
(b) Consultation and Coordination.--In conducting the study, the
Secretary shall consult with the Secretary of the Navy and shall
coordinate with State and local resource agencies to ensure that the
study is compatible with restoration efforts for the Calleguas Creek
watershed.
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report on the
results of the study.
SEC. 407. MURRIETA CREEK, RIVERSIDE COUNTY, CALIFORNIA.
The Secretary shall review the completed feasibility study of the
Riverside County Flood Control and Water Conservation District,
including identified alternatives, concerning Murrieta Creek from
Temecula to Wildomar, Riverside County, California, to determine the
Federal interest in participating in a project for flood control.
SEC. 408. PINE FLAT DAM FISH AND WILDLIFE HABITAT RESTORATION,
CALIFORNIA.
The Secretary shall study the advisability of fish and wildlife
habitat improvement measures identified for further study by the Pine
Flat Dam Fish and Wildlife Habitat Restoration Investigation
Reconnaissance Report.
SEC. 409. SANTA YNEZ, CALIFORNIA.
(a) Planning.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall prepare a comprehensive river basin
management plan addressing the long-term ecological, economic, and flood
control needs of the Santa Ynez River Basin, California. In preparing
such plan, the Secretary shall consult with the Santa Barbara Flood
Control District and other affected local governmental entities.
(b) Technical Assistance.--The Secretary shall provide technical
assistance to the Santa Barbara Flood Control District with respect to
implementation of the plan to be prepared under subsection (a).
SEC. 410. SOUTHERN CALIFORNIA INFRASTRUCTURE.
(a) Assistance.--Section 116(d)(1) of the Water Resources
Development Act of 1990 (104 Stat. 4623) is amended--
(1) in the heading of paragraph (1) by inserting ``and
assistance'' after ``Study''; and
(2) by adding at the end the following: ``In addition, the
Secretary shall provide technical assistance to non-Federal
interests in developing potential infrastructure projects. The
non-Federal share of the cost of the technical assistance shall
be 25 percent.''.
(b) Authorization of Appropriations.--Section 116(d)(3) of such Act
is amended by striking ``$1,500,000'' and inserting ``$3,000,000''.
[[Page 110 STAT. 3742]]
SEC. 411. STOCKTON, CALIFORNIA.
(a) Bear Creek Drainage and Mormon Slough/Calaveras River.--The
Secretary shall conduct a review of the Bear Creek Drainage, San Joaquin
County, California, and the Mormon Slough/Calaveras River, California,
projects for flood control authorized by section 10 of the Act entitled
``An Act authorizing the construction of certain public works on rivers
and harbors for flood control, and for other purposes'', approved
December 22, 1944 (58 Stat. 901), to develop a comprehensive plan for
additional flood damage reduction measures for the city of Stockton,
California, and surrounding areas.
(b) Farmington Dam, California.--
(1) Conjunctive use study.--The Secretary shall continue
participation in the Stockton, California, Metropolitan Area
Flood Control Study, including an evaluation of the feasibility
of storage of water at Farmington Dam and implementation of a
conjunctive use plan.
(2) Consultation.--In conducting the study, the Secretary
shall consult with the Stockton East Water District concerning
joint operation or potential transfer of Farmington Dam.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to
Congress--
(A) concerning the feasibility of a conjunctive use
plan using Farmington Dam for water storage; and
(B) containing recommendations on facility transfers
and operational alternatives.
(4) Without project condition.--In conducting the Stockton,
California, Metropolitan Area Flood Control Study, the Secretary
shall consider the physical flood control and water supply
facilities as they existed in January 1996 as the ``without
project'' condition.
SEC. 412. YOLO BYPASS, SACRAMENTO-SAN JOAQUIN DELTA, CALIFORNIA.
The Secretary shall study the advisability of acquiring land in the
vicinity of the Yolo Bypass in the Sacramento-San Joaquin Delta,
California, for the purpose of environmental mitigation for the flood
control project for Sacramento, California, and other water resources
projects in the area.
SEC. 413. WEST DADE, FLORIDA.
The Secretary shall conduct a reconnaissance study to determine the
Federal interest in using the West Dade, Florida, reuse facility to
improve water quality in, and increase the supply of surface water to,
the Everglades in order to enhance fish and wildlife habitat.
SEC. 414. SAVANNAH RIVER BASIN COMPREHENSIVE WATER RESOURCES STUDY.
(a) In General.--The Secretary shall conduct a comprehensive study
to address the current and future needs for flood damage prevention and
reduction, water supply, and other related water resources needs in the
Savannah River Basin.
(b) Scope.--The scope of the study shall be limited to an analysis
of water resources issues that fall within the traditional civil works
mission of the Corps of Engineers.
[[Page 110 STAT. 3743]]
(c) Coordination.--Notwithstanding subsection (b), the Secretary
shall ensure that the study is coordinated with the Environmental
Protection Agency and the ongoing watershed study of the Savannah River
Basin by the Agency.
SEC. 415. CHAIN OF ROCKS CANAL, ILLINOIS.
The Secretary shall complete a limited reevaluation of the
authorized St. Louis Harbor Project in the vicinity of the Chain of
Rocks Canal, Illinois, consistent with the authorized purposes of that
project, to include evacuation of waters collecting on the land side of
the Chain of Rocks Canal East Levee.
SEC. 416. QUINCY, ILLINOIS.
(a) Study.--The Secretary shall study and evaluate the critical
water infrastructure of the Fabius River Drainage District, the South
Quincy Drainage and Levee District, the Sny Island Levee Drainage
District, and the city of Quincy, Illinois--
(1) to determine if additional flood protection needs of
such infrastructure should be identified or implemented;
(2) to develop a definition of critical water
infrastructure;
(3) to develop evaluation criteria; and
(4) to enhance existing geographic information system
databases to encompass relevant data that identify critical
water infrastructure for use in emergencies and in routine
operation and maintenance activities.
(b) Consideration of Other Studies.--In conducting the study under
this section, the Secretary shall consider the recommendations of the
Interagency Floodplain Management Committee Report, the findings of the
Floodplain Management Assessment of the Upper Mississippi River and
Lower Missouri Rivers and Tributaries, and other relevant studies and
findings.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report on the
results of the study, together with recommendations regarding each of
the objectives of the study described in paragraphs (1) through (4) of
subsection (a).
SEC. 417. SPRINGFIELD, ILLINOIS.
The Secretary shall provide assistance to the city of Springfield,
Illinois, in developing--
(1) an environmental impact statement for the proposed
development of a water supply reservoir, including the
preparation of necessary documentation in support of the
environmental impact statement; and
(2) an evaluation of the technical, economic, and
environmental impacts of such development.
SEC. 418. BEAUTY CREEK WATERSHED, VALPARAISO CITY, PORTER COUNTY,
INDIANA.
The Secretary shall conduct a study to assess the feasibility of
implementing streambank erosion control measures and flood control
measures within the Beauty Creek watershed, Valparaiso City, Porter
County, Indiana.
SEC. 419. GRAND CALUMET RIVER, HAMMOND, INDIANA.
(a) Study.--The Secretary shall conduct a study to establish a
methodology and schedule to restore the wetlands at Wolf Lake and George
Lake in Hammond, Indiana.
[[Page 110 STAT. 3744]]
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report on the
results of the study conducted under subsection (a).
SEC. 420. INDIANA HARBOR CANAL, EAST CHICAGO, LAKE COUNTY, INDIANA.
The Secretary shall conduct a study of the feasibility of including
environmental and recreational features, including a vegetation buffer,
as part of the project for navigation, Indiana Harbor Canal, East
Chicago, Lake County, Indiana, authorized by the 1st 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 June 25, 1910 (36 Stat. 657).
SEC. 421. KOONTZ LAKE, INDIANA.
The Secretary shall conduct a study of the feasibility of
implementing measures to restore Koontz Lake, Indiana, including
measures to remove silt, sediment, nutrients, aquatic growth, and other
noxious materials from Koontz Lake, measures to improve public access
facilities to Koontz Lake, and measures to prevent or abate the deposit
of sediments and nutrients in Koontz Lake.
SEC. 422. LITTLE CALUMET RIVER, INDIANA.
(a) Study.--The Secretary shall conduct a study of the impacts of
the project for flood control, Little Calumet River, Indiana, authorized
by section 401(a) of the Water Resources Development Act of 1986 (100
Stat. 4115), on flooding and water quality in the vicinity of the Black
Oak area of Gary, Indiana.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report on the
results of the study conducted under subsection (a), together with
recommendations for cost-effective remediation of impacts described in
subsection (a).
(c) Federal Share.--The Federal share of the cost of the study to be
conducted under subsection (a) shall be 100 percent.
SEC. 423. TIPPECANOE RIVER WATERSHED, INDIANA.
(a) Study.--The Secretary shall conduct a study of water quality and
environmental restoration needs in the Tippecanoe River watershed,
Indiana, including measures necessary to reduce siltation in Lake Shafer
and Lake Freeman.
(b) Assistance.--The Secretary shall provide technical, planning,
and design assistance to the Shafer and Freeman Lakes Environmental
Conservation Corporation in addressing potential environmental
restoration activities determined appropriate as a result of the study
conducted under subsection (a).
SEC. 424. CALCASIEU RIVER, HACKBERRY, LOUISIANA.
The Secretary shall incorporate the portion of the Calcasieu River
in the vicinity of Hackberry, Louisiana, as part of the overall study of
the Lake Charles ship channel, bypass channel, and general anchorage
area in Louisiana, to explore the possibility of constructing additional
anchorage areas.
SEC. 425. MORGANZA, LOUISIANA, TO GULF OF MEXICO.
(a) Study.--
(1) In general.--The Secretary shall conduct a study of the
environmental, flood control, and navigational impacts asso
[[Page 110 STAT. 3745]]
ciated with the construction of a lock structure in the Houma
Navigation Canal as an independent feature of the overall flood
damage prevention study being conducted under the Morganza,
Louisiana, to the Gulf of Mexico feasibility study.
(2) Considerations.--In conducting the study under paragraph
(1), the Secretary shall--
(A) consult with the South Terrebonne Tidewater
Management and Conservation District and consider the
District's Preliminary Design Document dated February
1994; and
(B) evaluate the findings of the Louisiana Coastal
Wetlands Conservation and Restoration Task Force,
established under the Coastal Wetlands Planning,
Protection and Restoration Act (16 U.S.C. 3951 et seq.),
relating to the lock structure.
(b) Report.--Not later than 6 months after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report on the
results of the study conducted under subsection (a), together with
recommendations for immediate implementation of the study.
SEC. 426. HURON RIVER, MICHIGAN.
The Secretary shall conduct a study to determine the feasibility of
and need for channel improvements and associated modifications for the
purpose of providing a harbor of refuge at Huron River, Michigan.
SEC. 427. CITY OF NORTH LAS VEGAS, CLARK COUNTY, NEVADA.
The Secretary shall conduct a reconnaissance study to determine the
Federal interest in channel improvements in channel A of the North Las
Vegas Wash in the city of North Las Vegas, Clark County, Nevada, for the
purpose of flood control.
SEC. 428. LOWER LAS VEGAS WASH WETLANDS, CLARK COUNTY, NEVADA.
The Secretary shall conduct a study to determine the advisability of
wetland restoration and the feasibility of erosion control in the Lower
Las Vegas Wash, Nevada.
SEC. 429. NORTHERN NEVADA.
The Secretary shall conduct reconnaissance studies, in the State of
Nevada, of--
(1) the Humboldt River and its tributaries and outlets;
(2) the Truckee River and its tributaries and outlets;
(3) the Carson River and its tributaries and outlets; and
(4) the Walker River and its tributaries and outlets,
in order to determine the Federal interest in flood control,
environmental restoration, conservation of fish and wildlife,
recreation, water conservation, water quality, and toxic and radioactive
waste.
SEC. 430. SACO RIVER, NEW HAMPSHIRE.
The Secretary shall conduct a study of flooding problems along the
Saco River in Hart's Location, New Hampshire, for the purpose of
evaluating retaining walls, berms, and other structures with a view to
potential solutions involving repair or replacement of existing
structures. In conducting the study, the Secretary shall also consider
other alternatives for flood damage reduction.
[[Page 110 STAT. 3746]]
SEC. 431. BUFFALO RIVER GREENWAY, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
a potential greenway trail project along the Buffalo River between the
park system of the city of Buffalo, New York, and Lake Erie. Such study
may include preparation of an integrated plan of development that takes
into consideration the adjacent parks, nature preserves, bikeways, and
related recreational facilities.
SEC. 432. COEYMANS, NEW YORK.
The Secretary shall conduct a reconnaissance study to determine the
Federal interest in reopening the secondary channel of the Hudson River
in the town of Coeymans, New York, which has been narrowed by silt as a
result of the construction of Coeymans middle dike by the Corps of
Engineers.
SEC. 433. NEW YORK BIGHT AND HARBOR STUDY.
Section 326(f) of the Water Resources Development Act of 1992 (106
Stat. 4851) <<NOTE: 33 USC 2267 note.>> is amended by striking
``$1,000,000'' and inserting ``$3,000,000''.
SEC. 434. PORT OF NEWBURGH, NEW YORK.
The Secretary shall conduct a study of the feasibility of carrying
out improvements for navigation at the port of Newburgh, New York.
SEC. 435. PORT OF NEW YORK-NEW JERSEY NAVIGATION STUDY.
The Secretary shall conduct a comprehensive study of navigation
needs at the Port of New York-New Jersey (including the South Brooklyn
Marine and Red Hook Container Terminals, Staten Island, and adjacent
areas) to address improvements, including deepening of existing channels
to depths of 50 feet or greater, that are required to provide
economically efficient and environmentally sound navigation to meet
current and future requirements.
SEC. 436. SHINNECOCK INLET, NEW YORK.
Not later than 2 years after the date of the enactment of this Act,
the Secretary shall conduct a reconnaissance study in Shinnecock Inlet,
New York, to determine the feasibility of constructing a sand bypass
system, or other appropriate alternative, for the purposes of allowing
sand to flow in its natural east-to-west pattern and preventing the
further erosion of the beaches west of the inlet and the shoaling of the
inlet.
SEC. 437. CHAGRIN RIVER, OHIO.
The Secretary shall conduct a study of flooding problems along the
Chagrin River in Eastlake, Ohio. In conducting such study, the Secretary
shall evaluate potential solutions to flooding from all sources,
including that resulting from ice jams, and shall evaluate the
feasibility of a sedimentation collection pit and other potential
measures to reduce flooding.
SEC. 438. CUYAHOGA RIVER, OHIO.
The Secretary shall conduct a study to evaluate the integrity of the
bulkhead system located on the Federal channel along the Cuyahoga River
in the vicinity of Cleveland, Ohio, and shall provide to the non-Federal
interest an analysis of costs and repairs of the bulkhead system.
[[Page 110 STAT. 3747]]
SEC. 439. COLUMBIA SLOUGH, OREGON.
Not later than 2 years after the date of the enactment of this Act,
the Secretary, in consultation with the Administrator of the
Environmental Protection Agency, shall complete a feasibility study for
the ecosystem restoration project at Columbia Slough, Oregon.
SEC. 440. CHARLESTON, SOUTH CAROLINA.
The Secretary shall conduct a study of the Charleston 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.
SEC. 441. OAHE DAM TO LAKE SHARPE, SOUTH DAKOTA.
The Secretary shall investigate potential solutions to the recurring
flooding and related problems in the vicinity of Pierre and Ft. Pierre,
South Dakota, caused by sedimentation in Lake Sharpe. The potential
solutions to be investigated shall include lowering of the lake level
and sediment agitation to allow for resuspension and movement of the
sediment. The investigation shall include development of a comprehensive
solution which includes consideration of structural and nonstructural
measures upstream from the lake consisting of land treatment, sediment
retention structures, and such other measures as the Secretary
determines to be appropriate.
SEC. 442. 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.
SEC. 443. PRINCE WILLIAM COUNTY, VIRGINIA.
The Secretary shall conduct a study of flooding, erosion, and other
water resources problems in Prince William County, Virginia, including
an assessment of wetland protection, erosion control, and flood damage
reduction needs of the county.
SEC. 444. PACIFIC REGION.
The Secretary may conduct studies in the interest of navigation in
that part of the Pacific region that includes American Samoa, Guam, and
the Commonwealth of the Northern Mariana Islands.
SEC. 445. FINANCING OF INFRASTRUCTURE NEEDS OF SMALL AND MEDIUM PORTS.
(a) Study.--The Secretary shall study the feasibility of alternative
financing mechanisms for ensuring adequate funding for the
infrastructure needs of small and medium ports.
(b) Mechanisms To Be Studied.--Mechanisms to be studied under
subsection (a) shall include the establishment of revolving loan funds.
(c) Report.--Not later than 6 months after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report
containing the results of the study conducted under subsection (a).
[[Page 110 STAT. 3748]]
SEC. 446. EVALUATION OF BEACH MATERIAL.
(a) In General.--The Secretary and the Secretary of the Interior
shall evaluate procedures and requirements used in the selection and
approval of materials to be used in the restoration and nourishment of
beaches. Such evaluation shall address the potential effects of changing
existing procedures and requirements on the implementation of beach
restoration and nourishment projects and on the aquatic environment.
(b) Consultation.--In conducting the evaluation under this section,
the Secretaries shall consult with appropriate Federal and State
agencies.
(c) Report.--Not later than 6 months after the date of the enactment
of this Act, the Secretaries shall transmit a report to Congress on
their findings under this section.
(d) Effect on Authority of Secretary of the Interior.--Nothing in
this section is intended to affect the authority of the Secretary of the
Interior under section 8(k) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(k)).
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. LAND CONVEYANCES.
(a) Village Creek, Alabama.--
(1) In general.--Upon a determination by the Secretary that
construction of facilities associated with a commercial
enterprise is not inconsistent with the operation of the project
for flood control, Village Creek, Alabama, authorized by section
410(a) of the Water Resources Development Act of 1986 (100 Stat.
4111), the non-Federal interest with respect to the project may
sell to private interests a parcel of land consisting of
approximately 18 acres for the purpose of constructing
facilities associated with a commercial enterprise.
(2) Land description.--The land to be conveyed under
paragraph (1) shall consist of approximately 43 individual
tracts that are bounded on the west by Coosa Street, on the
south by 16th Avenue North, on the east by Tallapoosa Street,
and on the north by the northern boundary of lands acquired for
the project.
(3) Facilities.--The facilities shall be constructed in
accordance with local floodplain ordinances and shall not
increase flood risks of other residents in the Village Creek
floodplain.
(4) Reimbursement.--The non-Federal interest shall reimburse
the Secretary the Federal cost of acquiring the lands to be
conveyed, including relocation assistance, demolition of
structures, and administrative costs.
(5) Remaining lands.--All remaining lands acquired for the
Village Creek flood control project shall remain in public
ownership and shall be used solely for recreation purposes or
maintained as open space.
(b) Oakland Inner Harbor Tidal Canal Property, California.--Section
205 of the Water Resources Development Act of 1990 (104 Stat. 4633) is
amended--
(1) by inserting after paragraph (2) the following:
``(3) To adjacent land owners, the United States title to
all or portions of that part of the Oakland Inner Harbor Tidal
[[Page 110 STAT. 3749]]
Canal that are located within the boundaries of the city in
which such canal rests. Such conveyance shall be at fair market
value.'';
(2) by inserting after ``right-of-way'' the following: ``or
other rights considered necessary by the Secretary''; and
(3) by adding at the end the following: ``The conveyances
and processes involved shall be at no cost to the United
States.''.
(c) Mariemont, Ohio.--
(1) In general.--The Secretary shall convey to the village
of Mariemont, Ohio, at fair market value all right, title, and
interest of the United States in and to a parcel of land
(including improvements to the parcel) under the jurisdiction of
the Corps of Engineers, known as the ``Ohio River Division
Laboratory'', and described in paragraph (4).
(2) Terms and conditions.--The conveyance under paragraph
(1) shall be subject to such terms and conditions as the
Secretary considers necessary and appropriate to protect the
interests of the United States.
(3) Proceeds.--All proceeds from the conveyance under
paragraph (1) shall be deposited in the general fund of the
Treasury of the United States and credited as miscellaneous
receipts.
(4) Property description.--The parcel of land referred to in
paragraph (1) is the parcel situated in the State of Ohio,
County of Hamilton, Township 4, Fractional Range 2, Miami
Purchase, Columbia Township, Section 15, being parts of Lots 5
and 6 of the subdivision of the dower tract of the estate of
Joseph Ferris as recorded in Plat Book 4, Page 112, of the Plat
Records of Hamilton County, Ohio, Recorder's Office, and more
particularly described as follows:
Beginning at an iron pin set to mark the
intersection of the easterly line of Lot 5 of said
subdivision of said dower tract with the northerly line
of the right-of-way of the Norfolk and Western Railway
Company as shown in Plat Book 27, Page 182, Hamilton
County, Ohio, Surveyor's Office.
Thence with said northerly right-of-way line south
70 degrees, 10 minutes, 13 seconds west 258.52 feet to a
point.
Thence leaving the northerly right-of-way of the
Norfolk and Western Railway Company north 18 degrees, 22
minutes, 02 seconds west 302.31 feet to a point in the
south line of Mariemont Avenue.
Thence along said south line north 72 degrees, 34
minutes, 35 seconds east 167.50 feet to a point.
Thence leaving the south line of Mariemont Avenue
north 17 degrees, 25 minutes, 25 seconds west 49.00 feet
to a point.
Thence north 72 degrees, 34 minutes, 35 seconds east
100.00 feet to a point.
Thence south 17 degrees, 25 minutes, 25 seconds east
49.00 feet to a point.
Thence north 72 degrees, 34 minutes, 35 seconds east
238.90 feet to a point.
Thence south 00 degrees, 52 minutes, 07 seconds east
297.02 feet to a point in the northerly line of the
Norfolk and Western Railway Company.
[[Page 110 STAT. 3750]]
Thence with said northerly right-of-way south 70
degrees, 10 minutes, 13 seconds west 159.63 feet to a
point of beginning, containing 3.22 acres, more or less.
(d) Pike Island Locks and Dam, Ohio.--
(1) In general.--Subject to this subsection, the Secretary
shall convey by quitclaim deed to the city of Steubenville,
Ohio, all right, title, and interest of the United States in and
to the approximately 12 acres of land located at the Pike Island
Locks and Dam, together with any improvements on the land.
(2) Terms and conditions.--The conveyance by the United
States under this subsection shall be subject to such terms and
conditions as the Secretary considers appropriate to protect the
interests of the United States.
(3) Legal description of real property and payment of
costs.--The exact acreage and legal description of the real
property described in paragraph (1) shall be determined by a
survey that is satisfactory to the Secretary. The cost of the
survey shall be borne by the city of Steubenville. The city
shall also be responsible for any other costs associated with
the conveyance authorized by this subsection.
(4) Consideration of certain properties.--Properties to be
conveyed under this subsection that will be retained in public
ownership and used for public park and recreation or other
public purposes shall be conveyed without consideration. If any
such property is no longer used for public park and recreation
or other public purposes, title to such property shall revert to
the Secretary.
(e) Shenango River Lake Project, Ohio.--
(1) In general.--Subject to this subsection, the Secretary
shall convey by quitclaim deed to the Kinsman Township, Trumbull
County, Ohio, all right, title, and interest of the United
States in and to a parcel of land located at the Shenango River
Lake project consisting of approximately 1 acre, together with
any improvements on the land.
(2) Terms and conditions.--The conveyance by the United
States under this subsection shall be subject to such terms and
conditions as the Secretary considers appropriate to protect the
interests of the United States.
(3) Legal description of real property and payment of
costs.--The exact acreage and legal description of the real
property described in paragraph (1) shall be determined by a
survey that is satisfactory to the Secretary. The cost of the
survey shall be borne by the Kinsman Township. The township
shall also be responsible for any other costs associated with
the conveyance authorized by this subsection.
(4) Consideration of certain properties.--Properties to be
conveyed under this subsection that will be retained in public
ownership and used for public park and recreation or other
public purposes shall be conveyed without consideration. If any
such property is no longer used for public park and recreation
or other public purposes, title to such property shall revert to
the Secretary.
(f) Eufaula Lake, Oklahoma.--
(1) In general.--The Secretary shall convey to the city of
Eufaula, Oklahoma, all right, title, and interest of the United
[[Page 110 STAT. 3751]]
States in and to a parcel of land consisting of approximately
12.5 acres located at the Eufaula Lake project.
(2) Consideration.--Consideration for the conveyance under
paragraph (1) shall be the fair market value of the parcel (as
determined by the Secretary) and payment of all costs of the
United States in making the conveyance, including the costs of--
(A) the surveys required under paragraphs (3) and
(4);
(B) any other necessary survey or survey
monumentation;
(C) compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(D) any coordination necessary with respect to
requirements relating to endangered species, cultural
resources, and clean air (including the costs of agency
consultation and public hearings).
(3) Land surveys.--The exact acreage and description of the
parcel to be conveyed under paragraph (1) shall be determined by
such surveys as the Secretary considers necessary. Such surveys
shall be carried out to the satisfaction of the Secretary.
(4) Environmental baseline survey.--Prior to making the
conveyance under paragraph (1), the Secretary shall conduct an
environmental baseline survey to determine the levels of any
contamination (as of the date of the survey) for which the
United States would be responsible under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.) and any other applicable law.
(5) Conditions concerning rights and easement.--The
conveyance under paragraph (1) shall be subject to existing
rights and to retention by the United States of a flowage
easement over all portions of the parcel that lie at or below
the flowage easement contour for the Eufaula Lake project.
(6) Other terms and conditions.--The conveyance under
paragraph (1) shall be subject to such other terms and
conditions as the Secretary considers necessary and appropriate
to protect the interests of the United States.
(g) Boardman, Oregon.--
(1) In general.--The Secretary shall convey to the city of
Boardman, Oregon, all right, title, and interest of the United
States in and to a parcel of land consisting of approximately
141 acres acquired as part of the John Day Lock and Dam project
in the vicinity of such city currently under lease to the
Boardman Park and Recreation District.
(2) Consideration.--
(A) Park and recreation properties.--Properties to
be conveyed under this subsection 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 such
property shall revert to the Secretary.
(B) Other properties.--Properties to be conveyed
under this subsection and not described in subparagraph
(A) shall be conveyed at fair market value.
[[Page 110 STAT. 3752]]
(3) Conditions concerning rights and easement.--The
conveyance of properties under this subsection shall be subject
to existing first rights of refusal regarding acquisition of the
properties and to retention of a flowage easement over portions
of the properties that the Secretary determines to be necessary
for operation of the project.
(4) Other terms and conditions.--The conveyance of
properties under this subsection shall be subject to such other
terms and conditions as the Secretary considers necessary and
appropriate to protect the interests of the United States.
(h) Benbrook Lake, Texas.--
(1) In general.--The Secretary shall convey all right,
title, and interest of the United States in and to a parcel of
real property located at Longhorn Park, also known as ``Pecan
Valley Park'', Benbrook Lake, Benbrook, Texas, consisting of
approximately 50 acres.
(2) Consideration.--Consideration for the conveyance under
paragraph (1) shall be the fair market value of the real
property as determined by the Secretary. All costs associated
with the conveyance under paragraph (1) and such other costs as
the Secretary considers appropriate shall be borne by the
purchaser.
(3) Description of property.--The exact acreage and legal
description of the parcel of real property to be conveyed under
paragraph (1) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
purchaser.
(4) Additional terms.--The Secretary may require such
additional terms and conditions in connection with the
conveyance under paragraph (1) as the Secretary considers
appropriate to protect the interests of the United States.
(5) Compliance with national environmental policy act.--
Prior to the conveyance of property under paragraph (1), the
Secretary shall ensure that the conveyance complies with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(i) Tri-Cities Area, Washington.--
(1) General authority.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall make the
conveyances to the local governments referred to in paragraph
(2) of all right, title, and interest of the United States in
and to the property described in paragraph (2).
(2) Property descriptions.--
(A) Benton county, washington.--The property to be
conveyed pursuant to paragraph (1) to Benton County,
Washington, is the property in such county that is
designated ``Area D'' on Exhibit A to Army Lease No.
DACW-68-1-81-43.
(B) Franklin county, washington.--The property to be
conveyed pursuant to paragraph (1) to Franklin County,
Washington, is--
(i) the 105.01 acres of property leased
pursuant to Army Lease No. DACW-68-1-77-20 as
executed by Franklin County, Washington, on April
7, 1977;
(ii) the 35 acres of property leased pursuant
to Supplemental Agreement No. 1 to Army Lease No.
DACW-68-1-77-20;
[[Page 110 STAT. 3753]]
(iii) the 20 acres of property commonly known
as ``Richland Bend'', which 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;
(iv) the 7.05 acres of property commonly known
as ``Taylor Flat'', which 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;
(v) the 14.69 acres of property commonly known
as ``Byers Landing'', which 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
(vi) all levees within Franklin County,
Washington, as of the date of the enactment of
this Act, and the property on which the levees are
situated.
(C) City of kennewick, washington.--The property to
be conveyed pursuant to paragraph (1) 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.
(D) City of richland, washington.--The property to
be conveyed pursuant to paragraph (1) 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.
(E) City of pasco, washington.--The property to be
conveyed pursuant to paragraph (1) to the city of Pasco,
Washington, is--
(i) the property in the city of Pasco,
Washington, that is leased pursuant to Army Lease
No. DACW-68-1-77-10; and
(ii) all levees in the city, as of the date of
the enactment of this Act, and the property on
which the levees are situated.
(F) Port of pasco, washington.--The property to be
conveyed pursuant to paragraph (1) to the Port of Pasco,
Washington, is--
(i) 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
(ii) 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.
(G) Additional properties.--In addition to
properties described in subparagraphs (A) through (F),
the Secretary may convey to a local government referred
to in subparagraphs (A) through (F) such properties
under the jurisdiction of the Secretary in the Tri-
Cities area as the Secretary
[[Page 110 STAT. 3754]]
and the local government agree are appropriate for
conveyance.
(3) Terms and conditions.--
(A) In general.--The conveyances under paragraph (1)
shall be subject to such terms and conditions, including
payment of reasonable administrative costs, as the
Secretary considers necessary and appropriate to protect
the interests of the United States.
(B) Special rule for franklin county.--The property
described in paragraph (2)(B)(vi) shall be conveyed only
after Franklin County, Washington, has entered 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 that agreement.
(C) Special rule for city of pasco.--The property
described in paragraph (2)(E)(ii) shall be conveyed only
after the city of Pasco, Washington, has entered 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 that agreement.
(D) Consideration.--
(i) Park and recreation properties.--
Properties to be conveyed under this subsection
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 such property shall
revert to the Secretary.
(ii) Other properties.--Properties to be
conveyed under this subsection and not described
in clause (i) shall be conveyed at fair market
value.
(4) Lake wallula levees.--
(A) Determination of minimum safe height.--
(i) Contract.--Not later than 30 days after
the date of the enactment of this Act, the
Secretary shall contract with a private entity
agreed to under clause (ii) to determine, within 6
months after that date, 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.
(ii) Agreement of local officials.--A contract
shall be entered into under clause (i) 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.
(B) 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 such
local government
[[Page 110 STAT. 3755]]
to a height not lower than the minimum safe height
determined pursuant to subparagraph (A).
(j) Applicability of Other Laws.--Any contract for sale, deed, or
other transfer of real property under this section shall be carried out
in compliance with all applicable provisions of section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620(h)) and other environmental laws.
SEC. 502. NAMINGS.
(a) Milt Brandt Visitors Center, California.--
(1) Designation.--The visitors center at Warm Springs Dam,
California, authorized by section 203 of the Flood Control Act
of 1962 (76 Stat. 1192), shall be known and designated as the
``Milt Brandt Visitors Center''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the visitors center referred to in paragraph (1) shall
be deemed to be a reference to the ``Milt Brandt Visitors
Center''.
(b) Carr Creek Lake, Kentucky.--
(1) Designation.--Carr Fork Lake in Knott County, Kentucky,
authorized by section 203 of the Flood Control Act of 1962 (76
Stat. 1188), shall be known and designated as ``Carr Creek
Lake''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lake referred to in paragraph (1) shall be deemed
to be a reference to ``Carr Creek Lake''.
(c) John T. Myers Lock and Dam, Indiana and Kentucky.--
(1) Designation.--Uniontown Lock and Dam, on the Ohio River,
Indiana and Kentucky, shall be known and designated as the
``John T. Myers Lock and Dam''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock and dam referred to in paragraph (1) shall be
deemed to be a reference to the ``John T. Myers Lock and Dam''.
(d) J. Edward Roush Lake, Indiana.--
(1) Redesignation.--The lake on the Wabash River in
Huntington and Wells Counties, Indiana, authorized by section
203 of the Flood Control Act of 1958 (72 Stat. 312), and known
as Huntington Lake, shall be known and designated as the ``J.
Edward Roush Lake''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lake referred to in paragraph (1) shall be deemed
to be a reference to the ``J. Edward Roush Lake''.
(e) Russell B. Long Lock and Dam, Red River Waterway, Louisiana.--
(1) Designation.--Lock and Dam 4 of the Red River Waterway,
Louisiana, shall be known and designated as the ``Russell B.
Long Lock and Dam''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock and dam referred to in paragraph (1) shall be
deemed to be a reference to the ``Russell B. Long Lock and
Dam''.
[[Page 110 STAT. 3756]]
(f) Locks and Dams on Tennessee-Tombigbee Waterway.--
(1) Designations.--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:
(A) Gainesville Lock and Dam at Mile 266 designated
as Howell Heflin Lock and Dam.
(B) Columbus Lock and Dam at Mile 335 designated as
John C. Stennis Lock and Dam.
(C) The lock and dam at Mile 358 designated as
Aberdeen Lock and Dam.
(D) Lock A at Mile 371 designated as Amory Lock.
(E) Lock B at Mile 376 designated as Glover Wilkins
Lock.
(F) Lock C at Mile 391 designated as Fulton Lock.
(G) Lock D at Mile 398 designated as John Rankin
Lock.
(H) Lock E at Mile 407 designated as G.V. ``Sonny''
Montgomery Lock.
(I) Bay Springs Lock and Dam at Mile 412 designated
as Jamie Whitten Lock and Dam.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to a lock, or lock and dam, referred to in paragraph (1)
shall be deemed to be a reference to the designation for the
lock, or lock and dam, provided in such paragraph.
SEC. 503. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.
(a) In General.--The Secretary may provide technical, planning, and
design assistance to non-Federal interests for carrying out watershed
management, restoration, and development projects at the locations
described in subsection (d).
(b) Specific Measures.--Assistance provided under subsection (a) may
be in support of non-Federal projects for the following purposes:
(1) Management and restoration of water quality.
(2) Control and remediation of toxic sediments.
(3) Restoration of degraded streams, rivers, wetlands, and
other waterbodies to their natural condition as a means to
control flooding, excessive erosion, and sedimentation.
(4) Protection and restoration of watersheds, including
urban watersheds.
(5) Demonstration of technologies for nonstructural measures
to reduce destructive impacts of flooding.
(c) Non-Federal Share.--The non-Federal share of the cost of
assistance provided under subsection (a) shall be 50 percent.
(d) Project Locations.--The Secretary may provide assistance under
subsection (a) for projects at the following locations:
(1) Gila River and Tributaries, Santa Cruz River, Arizona.
(2) Rio Salado, Salt River, Phoenix and Tempe, Arizona.
(3) Colusa basin, California.
(4) Los Angeles River watershed, California.
(5) Napa Valley watershed, California.
(6) Russian River watershed, California.
(7) Sacramento River watershed, California.
(8) San Pablo Bay watershed, California.
[[Page 110 STAT. 3757]]
(9) Santa Clara Valley watershed, California.
(10) Nancy Creek, Utoy Creek, and North Peachtree Creek and
South Peachtree Creek basin, Georgia.
(11) Lower Platte River watershed, Nebraska.
(12) Juniata River watershed, Pennsylvania, including
Raystown Lake.
(13) Upper Potomac River watershed, Grant and Mineral
Counties, West Virginia.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000.
SEC. 504. ENVIRONMENTAL INFRASTRUCTURE.
Section 219 of the Water Resources Development Act of 1992 (106
Stat. 4836-4837) is amended by adding at the end the following:
``(e) Authorization of Appropriations for Construction Assistance.--
There are authorized to be appropriated for providing construction
assistance under this section--
``(1) $10,000,000 for the project described in subsection
(c)(5);
``(2) $2,000,000 for the project described in subsection
(c)(6);
``(3) $10,000,000 for the project described in subsection
(c)(7);
``(4) $11,000,000 for the project described in subsection
(c)(8);
``(5) $20,000,000 for the project described in subsection
(c)(16); and
``(6) $20,000,000 for the project described in subsection
(c)(17).''.
SEC. 505. CORPS CAPABILITY TO CONSERVE FISH AND WILDLIFE.
Section 704(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2263(b); 100 Stat. 4157) is amended--
(1) by striking ``$5,000,000''; and inserting
``$7,000,000''; and
(2) in paragraph (4) by inserting ``and Virginia'' after
``Maryland''.
SEC. 506. PERIODIC BEACH NOURISHMENT.
(a) In General.--The Secretary shall carry out periodic beach
nourishment for each of the following projects for a period of 50 years
beginning on the date of initiation of construction of the project:
(1) Broward county, florida.--Project for shoreline
protection, segments II and III, Broward County, Florida.
(2) Fort pierce, florida.--Project for shoreline protection,
Fort Pierce, Florida.
(3) Panama city beaches, florida.--Project for shoreline
protection, Panama City Beaches, Florida.
(4) Tybee island, georgia.--Project for beach erosion
control, Tybee Island, Georgia.
(b) Periodic Beach Nourishment Subject to Review.--
(1) Review.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall complete a review of
potential periodic beach nourishment for each of the projects
described in paragraph (3) in accordance with the procedures
established under section 156 of the Water Resources Development
Act of 1976 (42 U.S.C. 1962d-5f; 90 Stat. 2933).
[[Page 110 STAT. 3758]]
(2) Authorization.--If the Secretary determines under
paragraph (1) that periodic beach nourishment is necessary for a
project, the Secretary shall carry out periodic beach
nourishment for the project for a period of 50 years beginning
on the date of initiation of construction of the project.
(3) Projects.--The projects referred to in paragraph (1) are
as follows:
(A) Lee county, florida.--Project for shoreline
protection, Lee County, Captiva Island segment, Florida.
(B) Palm beach county, florida.--Project for
shoreline protection, Jupiter/Carlin, Ocean Ridge, and
Boca Raton North Beach segments, Palm Beach County,
Florida.
(C) Raritan bay and sandy hook bay, new jersey.--
Project for hurricane-flood protection, Raritan Bay and
Sandy Hook Bay, New Jersey.
(D) Fire island inlet, new york.--Project for
shoreline protection, Fire Island Inlet, New York,
between Gilgo State Park and Tobay Beach to protect
Ocean Parkway along the Atlantic Ocean shoreline in
Suffolk County, New York.
SEC. 507. DESIGN AND CONSTRUCTION ASSISTANCE.
The Secretary shall provide design and construction assistance to
non-Federal interests for each of the following projects if the
Secretary determines that the project is feasible:
(1) Repair and rehabilitation of the Lower Girard Lake Dam,
Girard, Ohio, at an estimated total cost of $2,500,000.
(2) Construction of a multipurpose dam and reservoir, Bear
Valley Dam, Franklin County, Pennsylvania, at an estimated total
cost of $15,000,000.
(3) Repair and upgrade of the dam and appurtenant features
at Lake Merriweather, Little Calfpasture River, Virginia, at an
estimated total cost of $6,000,000.
SEC. 508. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of 1986 (100
Stat. 4148-4149) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting a semicolon; and
(3) by adding at the end the following:
``(12) Goodyear Lake, Otsego County, New York, removal of
silt and aquatic growth;
``(13) Otsego Lake, Otsego County, New York, removal of silt
and aquatic growth and measures to address high nutrient
concentration;
``(14) Oneida Lake, Oneida County, New York, removal of silt
and aquatic growth;
``(15) Skaneateles and Owasco Lakes, New York, removal of
silt and aquatic growth and prevention of sediment deposit; and
``(16) Twin Lakes, Paris, Illinois, removal of silt and
excess aquatic vegetation, including measures to address
excessive sedimentation, high nutrient concentration, and
shoreline erosion.''.
[[Page 110 STAT. 3759]]
SEC. 509. MAINTENANCE OF NAVIGATION CHANNELS.
(a) In General.--Upon request of the non-Federal interest, the
Secretary shall be responsible for maintenance of the following
navigation channels constructed or improved by non-Federal interests if
the Secretary determines that such maintenance is economically justified
and environmentally acceptable and that the channel was constructed in
accordance with applicable permits and appropriate engineering and
design standards:
(1) Humboldt Harbor and Bay, Fields Landing Channel,
California.
(2) Mare Island Strait, California. For purposes of this
section, the navigation channel shall be deemed to have been
constructed or improved by non-Federal interests.
(3) East Fork, Calcasieu Pass, Louisiana.
(4) Mississippi River Ship Channel, Chalmette Slip,
Louisiana.
(5) Greenville Inner Harbor Channel, Mississippi.
(6) New Madrid Harbor, Missouri. For purposes of this
section, the navigation channel shall be deemed to have been
constructed or improved by non-Federal interests.
(7) Providence Harbor Shipping Channel, Rhode Island, from
the vicinity of the Fox Point hurricane barrier to the vicinity
of the Francis Street bridge in Providence, Rhode Island. For
purposes of this section, the navigation channel shall be deemed
to have been constructed or improved by non-Federal interests.
(8) Matagorda Ship Channel, Point Comfort Turning Basin,
Texas.
(9) Corpus Christi Ship Channel, Rincon Canal System, Texas.
(10) Brazos Island Harbor, Texas, connecting channel to
Mexico.
(11) Blair Waterway, Tacoma Harbor, Washington.
(b) Completion of Assessment.--Not later than 6 months after receipt
of a request from a non-Federal interest for Federal assumption of
maintenance of a channel listed in subsection (a), the Secretary shall
make a determination as provided in subsection (a) and advise the non-
Federal interest of the Secretary's determination.
SEC. 510. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a pilot
program to provide environmental assistance to non-Federal
interests in the Chesapeake Bay watershed.
(2) Form.--The assistance shall be in the form of design and
construction assistance for water-related environmental
infrastructure and resource protection and development projects
affecting the Chesapeake Bay estuary, including projects for
sediment and erosion control, protection of eroding shorelines,
protection of essential public works, wastewater treatment and
related facilities, water supply and related facilities, and
beneficial uses of dredged material, and other related projects
that may enhance the living resources of the estuary.
[[Page 110 STAT. 3760]]
(b) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned, and will be publicly operated and maintained.
(c) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for--
(A) the development by the Secretary, in
consultation with appropriate Federal, State, and local
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications and an estimate of expected
resource benefits; and
(B) the establishment of such legal and
institutional structures as are necessary to ensure the
effective long-term operation and maintenance of the
project by the non-Federal interest.
(d) Cost Sharing.--
(1) Federal share.--Except as provided in paragraph (2)(B),
the Federal share of the total project costs of each local
cooperation agreement entered into under this section shall be
75 percent.
(2) Non-federal share.--
(A) Value of lands, easements, rights-of-way, and
relocations.--In determining the non-Federal
contribution toward carrying out a local cooperation
agreement entered into under this section, the Secretary
shall provide credit to a non-Federal interest for the
value of lands, easements, rights-of-way, and
relocations provided by the non-Federal interest, except
that the amount of credit provided for a project under
this paragraph may not exceed 25 percent of the total
project costs.
(B) Operation and maintenance costs.--The non-
Federal share of the costs of operation and maintenance
of activities carried out under an agreement under this
section shall be 100 percent.
(e) Cooperation.--In carrying out this section, the Secretary shall
cooperate with the heads of appropriate Federal agencies, including--
(1) the Administrator of the Environmental Protection
Agency;
(2) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration;
(3) the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service; and
(4) the heads of such other Federal agencies and agencies of
a State or political subdivision of a State as the Secretary
determines to be appropriate.
(f) <<NOTE: State listing.>> Project.--The Secretary shall
establish at least 1 project under this section in each of the States of
Maryland, Virginia, and Pennsylvania.
(g) Protection of Resources.--A project established under this
section shall be carried out using such measures as are necessary to
protect environmental, historic, and cultural resources.
[[Page 110 STAT. 3761]]
(h) Report.--Not later than December 31, 1998, the Secretary shall
transmit to Congress a report on the results of the program carried out
under this section, together with a recommendation concerning whether or
not the program should be implemented on a national basis.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 511. <<NOTE: 16 USC 3301 note.>> RESEARCH AND DEVELOPMENT PROGRAM
TO IMPROVE SALMON SURVIVAL.
(a) Salmon Survival Activities.--
(1) In general.--The Secretary shall accelerate ongoing
research and development activities, and may carry out or
participate in additional research and development activities,
for the purpose of developing innovative methods and
technologies for improving the survival of salmon, especially
salmon in the Columbia River Basin.
(2) Accelerated activities.--Accelerated research and
development activities referred to in paragraph (1) may include
research and development related to--
(A) impacts from water resources projects and other
impacts on salmon life cycles;
(B) juvenile and adult salmon passage;
(C) light and sound guidance systems;
(D) surface-oriented collector systems;
(E) transportation mechanisms; and
(F) dissolved gas monitoring and abatement.
(3) Additional activities.--Additional research and
development activities referred to in paragraph (1) may include
research and development related to--
(A) marine mammal predation on salmon;
(B) studies of juvenile salmon survival in spawning
and rearing areas;
(C) estuary and near-ocean juvenile and adult salmon
survival;
(D) impacts on salmon life cycles from sources other
than water resources projects; and
(E) other innovative technologies and actions
intended to improve fish survival, including the
survival of resident fish.
(4) Coordination.--The Secretary shall coordinate any
activities carried out under this subsection with appropriate
Federal, State, and local agencies, affected Indian tribes, and
the Northwest Power Planning Council.
(5) Report.--Not later than 3 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on the research and development activities carried out
under this subsection, including any recommendations of the
Secretary concerning the research and development activities.
(6) Authorization of appropriations.--There is authorized to
be appropriated $10,000,000 to carry out research and
development activities under paragraph (3).
(b) Advanced Turbine Development.--
(1) In general.--In conjunction with the Secretary of
Energy, the Secretary shall accelerate efforts toward developing
innovative, efficient, and environmentally safe hydropower tur
[[Page 110 STAT. 3762]]
bines, including design of ``fish-friendly'' turbines, for use
on the Columbia River hydrosystem.
(2) Authorization of appropriations.--There is authorized to
be appropriated $12,000,000 to carry out this subsection.
(c) Implementation.--Nothing in this section affects the authority
of the Secretary to implement the results of the research and
development carried out under this section or any other law.
SEC. 512. COLUMBIA RIVER TREATY FISHING ACCESS.
Section 401(a) of the Act entitled ``An Act to establish procedures
for review of tribal constitutions and bylaws or amendments thereto
pursuant to the Act of June 18, 1934 (48 Stat. 987)'', approved November
1, 1988 (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 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. 513. <<NOTE: 33 USC 1293a note.>> GREAT LAKES CONFINED DISPOSAL
FACILITIES.
(a) Assessment.--Pursuant to the responsibilities of the Secretary
under section 123 of the River and Harbor Act of 1970 (33 U.S.C. 1293a),
the Secretary shall conduct an assessment of the general conditions of
confined disposal facilities in the Great Lakes.
(b) Report.--Not later than 3 years after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report on the
results of the assessment conducted under subsection (a), including the
following:
(1) A description of the cumulative effects of confined
disposal facilities in the Great Lakes.
(2) Recommendations for specific remediation actions for
each confined disposal facility in the Great Lakes.
(3) An evaluation of, and recommendations for, confined
disposal facility management practices and technologies to
conserve capacity at such facilities and to minimize adverse
environmental effects at such facilities throughout the Great
Lakes system.
SEC. 514. GREAT LAKES DREDGED MATERIAL TESTING AND EVALUATION MANUAL.
The Secretary, in cooperation with the Administrator of the
Environmental Protection Agency, shall provide technical assistance to
non-Federal interests on testing procedures contained in the Great Lakes
Dredged Material Testing and Evaluation Manual developed pursuant to
section 230.2(c) of title 40, Code of Federal Regulations.
[[Page 110 STAT. 3763]]
SEC. 515. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION.
Section 401 of the Water Resources Development Act of 1990 (33
U.S.C. 1268 note; 104 Stat. 4644) is amended to read as follows:
``SEC. 401. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION.
``(a) Great Lakes Remedial Action Plans.--
``(1) In general.--The Secretary may provide technical,
planning, and engineering assistance to State and local
governments and nongovernmental entities designated by a State
or local government in the development and implementation of
remedial action plans for Areas of Concern in the Great Lakes
identified under the Great Lakes Water Quality Agreement of
1978.
``(2) Non-federal share.--Non-Federal interests shall
contribute, in cash or by providing in-kind contributions, 50
percent of costs of activities for which assistance is provided
under paragraph (1).
``(b) Sediment Remediation Projects.--
``(1) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency (acting
through the Great Lakes National Program Office), may conduct
pilot- and full-scale projects of promising technologies to
remediate contaminated sediments in freshwater coastal regions
in the Great Lakes basin. The Secretary shall conduct not fewer
than 3 full-scale projects under this subsection.
``(2) <<NOTE: State listing.>> Site selection for
projects.--In selecting the sites for the technology projects,
the Secretary shall give priority consideration to Saginaw Bay,
Michigan, Sheboygan Harbor, Wisconsin, Grand Calumet River,
Indiana, Ashtabula River, Ohio, Buffalo River, New York, and
Duluth-Superior Harbor, Minnesota and Wisconsin.
``(3) Deadline for identifications.--The Secretary shall--
``(A) not later than 18 months after the date of the
enactment of this paragraph, identify the sites and
technologies for projects under this subsection; and
``(B) not later than 3 years after that date,
complete each such full-scale project.
``(4) Non-federal share.--Non-Federal interests shall
contribute 50 percent of costs of projects under this
subsection. Such costs may be paid in cash or by providing in-
kind contributions.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000 for
each of fiscal years 1998 through 2000.''.
SEC. 516. <<NOTE: 33 USC 2326b.>> SEDIMENT MANAGEMENT.
(a) In General.--The Secretary may enter into cooperation agreements
with non-Federal interests with respect to navigation projects, or other
appropriate non-Federal entities, for the development of long-term
management strategies for controlling sediments at such projects.
(b) Contents of Strategies.--Each strategy developed under
subsection (a) shall--
[[Page 110 STAT. 3764]]
(1) include assessments of sediment rates and composition,
sediment reduction options, dredging practices, long-term
management of any dredged material disposal facilities,
remediation of such facilities, and alternative disposal and
reuse options;
(2) include a timetable for implementation of the strategy;
and
(3) incorporate relevant ongoing planning efforts, including
remedial action planning, dredged material management planning,
harbor and waterfront development planning, and watershed
management planning.
(c) Consultation.--In developing strategies under subsection (a),
the Secretary shall consult with interested Federal agencies, States,
and Indian tribes and provide an opportunity for public comment.
(d) Dredged Material Disposal.--
(1) Study.--The Secretary shall conduct a study to determine
the feasibility of constructing and operating an underwater
confined dredged material disposal site in the Port of New York-
New Jersey that could accommodate as much as 250,000 cubic yards
of dredged material for the purpose of demonstrating the
feasibility of an underwater confined disposal pit as an
environmentally suitable method of containing certain sediments.
(2) Report.--The Secretary shall transmit to Congress a
report on the results of the study conducted under paragraph
(1), together with any recommendations of the Secretary that may
be developed in a strategy under subsection (a).
(e) Great Lakes Tributary Model.--
(1) In general.--In consultation and coordination with the
Great Lakes States, the Secretary shall develop a tributary
sediment transport model for each major river system or set of
major river systems depositing sediment into a Great Lakes
federally authorized commercial harbor, channel maintenance
project site, or Area of Concern identified under the Great
Lakes Water Quality Agreement of 1978. Such model may be
developed as a part of a strategy developed under subsection
(a).
(2) Requirements for models.--In developing a tributary
sediment transport model under this subsection, the Secretary
shall build on data and monitoring information generated in
earlier studies and programs of the Great Lakes and their
tributaries.
(f) Great Lakes States Defined.--In this section, the term ``Great
Lakes States'' means the States of Illinois, Indiana, Michigan,
Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000 for
each of fiscal years 1998 through 2001.
SEC. 517. <<NOTE: 33 USC 653a.>> EXTENSION OF JURISDICTION OF
MISSISSIPPI RIVER COMMISSION.
The jurisdiction of the Mississippi River Commission, established by
the 1st section of the Act of June 28, 1879 (33 U.S.C. 641; 21 Stat.
37), is extended to include--
(1) all of the area between the eastern side of the Bayou
Lafourche Ridge from Donaldsonville, Louisiana, to the Gulf
[[Page 110 STAT. 3765]]
of Mexico and the west guide levee of the Mississippi River from
Donaldsonville, Louisiana, to the Gulf of Mexico;
(2) Alexander County, Illinois; and
(3) the area in the State of Illinois from the confluence of
the Mississippi and Ohio Rivers northward to the vicinity of
Mississippi River mile 39.5, including the Len Small Drainage
and Levee District, insofar as such area is affected by the
flood waters of the Mississippi River.
SEC. 518. SENSE OF CONGRESS REGARDING ST. LAWRENCE SEAWAY TOLLS.
It is the sense of Congress that the President should engage in
negotiations with the Government of Canada for the purposes of--
(1) eliminating tolls along the St. Lawrence Seaway system;
and
(2) identifying ways to maximize the movement of goods and
commerce through the St. Lawrence Seaway.
SEC. 519. <<NOTE: 33 USC 2328 note.>> RECREATION PARTNERSHIP
INITIATIVE.
(a) In General.--The Secretary shall promote Federal, non-Federal,
and private sector cooperation in creating public recreation
opportunities and developing the necessary supporting infrastructure at
water resources projects of the Corps of Engineers.
(b) Infrastructure Improvements.--
(1) Recreation infrastructure improvements.--In determining
the feasibility of the public-private cooperative under
subsection (a), the Secretary shall provide such infrastructure
improvements as are necessary to support a potential private
recreational development at the Raystown Lake Project,
Pennsylvania, generally in accordance with the Master Plan
Update (1994) for the project.
(2) Agreement.--The Secretary shall enter into an agreement
with an appropriate non-Federal public entity to ensure that the
infrastructure improvements constructed by the Secretary on non-
project lands pursuant to paragraph (1) are transferred to and
operated and maintained by the non-Federal public entity.
(3) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $3,000,000.
(c) Report.--Not later than December 31, 1998, the Secretary shall
transmit to Congress a report on the results of the cooperative efforts
carried out under this section, including the improvements required by
subsection (b).
SEC. 520. FIELD OFFICE HEADQUARTERS FACILITIES.
Subject to amounts being made available in advance in appropriations
Acts, the Secretary may use Plant Replacement and Improvement Program
funds to design and construct a new headquarters facility for--
(1) the New England Division, Waltham, Massachusetts; and
(2) the Jacksonville District, Jacksonville, Florida.
SEC. 521. EARTHQUAKE PREPAREDNESS CENTER OF EXPERTISE EXPANSION.
Using existing resources, the Secretary shall expand the Earthquake
Preparedness Center of Expertise to address issues in the
[[Page 110 STAT. 3766]]
central United States by providing the necessary capability at an
existing district office of the Corps of Engineers near the New Madrid
fault.
SEC. 522. JACKSON COUNTY, ALABAMA.
(a) In General.--The Secretary may provide technical, planning, and
design assistance to non-Federal interests for wastewater treatment and
related facilities, remediation of point and nonpoint sources of
pollution and contaminated riverbed sediments, and related activities in
Jackson County, Alabama, including the city of Stevenson.
(b) Cost Sharing.--The Federal cost of assistance provided under
this section may not exceed $3,000,000. The non-Federal share of
assistance provided under this section shall be 25 percent.
SEC. 523. BENTON AND WASHINGTON COUNTIES, ARKANSAS.
Section 220 of the Water Resources Development Act of 1992 (106
Stat. 4836-4837) is amended by adding at the end the following:
``(c) Use of Federal Funds.--The Secretary may make available to the
non-Federal interests funds not to exceed an amount equal to the Federal
share of the total project cost to be used by the non-Federal interests
to undertake the work directly or by contract.''.
SEC. 524. HEBER SPRINGS, ARKANSAS.
(a) <<NOTE: Contracts.>> In General.--The Secretary shall enter
into an agreement with the city of Heber Springs, Arkansas, to provide
3,522 acre-feet of water supply storage in Greers Ferry Lake, Arkansas,
for municipal and industrial purposes, at no cost to the city.
(b) Necessary Facilities.--The city of Heber Springs shall be
responsible for 100 percent of the costs of construction, operation, and
maintenance of any intake, transmission, treatment, or distribution
facility necessary for utilization of the water supply.
(c) Additional Water Supply Storage.--Any additional water supply
storage required after the date of the enactment of this Act shall be
contracted for and reimbursed by the city of Heber Springs, Arkansas.
SEC. 525. MORGAN POINT, ARKANSAS.
The Secretary shall accept as in-kind contributions for the project
for creation of fish and wildlife habitat at Morgan Point, Arkansas--
(1) the items described as fish and wildlife facilities and
land in the Morgan Point Bendway Closure Structure modification
report for the project, dated February 1994; and
(2) fish stocking activities carried out by the non-Federal
interests for the project;
if the Secretary determines that the items and activities are compatible
with the project.
SEC. 526. CALAVERAS COUNTY, CALIFORNIA.
(a) Technical Assistance.--The Secretary may provide technical
assistance to non-Federal interests, in cooperation with Federal and
State agencies, for reclamation and water quality
protection projects for the purpose of abating and mitigating surface
water quality degradation caused by abandoned mines in the watershed of
the lower Mokelume River in Calaveras County, California.
[[Page 110 STAT. 3767]]
(b) Consultation With Federal Entities.--Any project under
subsection (a) that is located on lands owned by the United States shall
be undertaken in consultation with the Federal entity with
administrative jurisdiction over such lands.
(c) Federal Share.--The Federal share of the cost of the activities
conducted under subsection (a) shall be 50 percent; except that, with
respect to projects located on lands owned by the United States, the
Federal share shall be 100 percent.
(d) Effect on Authority of Secretary of the Interior.--Nothing in
this section is intended to affect the authority of the Secretary of the
Interior under title IV of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1231 et seq.).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,500,000.
SEC. 527. FAULKNER ISLAND, CONNECTICUT.
In consultation with the Director of the United States Fish and
Wildlife Service, the Secretary shall design and construct shoreline
protection measures for the coastline adjacent to the Faulkner Island
Lighthouse, Connecticut, at a total cost of $4,500,000.
SEC. 528. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.
(a) Definitions.--In this section, the following definitions apply:
(1) Central and southern florida project.--The term
``Central and Southern Florida Project'' means the project for
Central and Southern Florida authorized under the heading
``central and southern florida'' in section 203 of the Flood
Control Act of 1948 (62 Stat. 1176), and any modification to the
project authorized by law.
(2) Commission.--The term ``Commission'' means the
Governor's Commission for a Sustainable South Florida,
established by Executive Order of the Governor dated March 3,
1994.
(3) Governor.--The term ``Governor'' means the Governor of
the State of Florida.
(4) South florida ecosystem.--The term ``South Florida
ecosystem'' means the area consisting of the lands and waters
within the boundary of the South Florida Water Management
District, including the Everglades, the Florida Keys, and the
contiguous near-shore coastal waters of South Florida.
(5) Task force.--The term ``Task Force'' means the South
Florida Ecosystem Restoration Task Force established by
subsection (f).
(b) Restoration Activities.--
(1) Comprehensive plan.--
(A) Development.--
(i) Purpose.--The Secretary shall develop, as
expeditiously as practicable, a proposed
comprehensive plan for the purpose of restoring,
preserving, and protecting the South Florida
ecosystem. The comprehensive plan shall provide
for the protection of water quality in, and the
reduction of the loss of fresh water from, the
Everglades. The comprehensive plan shall include
such features as are necessary to provide for the
water-related needs of the region, including flood
control, the enhancement of water supplies, and
[[Page 110 STAT. 3768]]
other objectives served by the Central and
Southern Florida Project.
(ii) Considerations.--The comprehensive plan
shall--
(I) be developed by the Secretary in
cooperation with the non-Federal project
sponsor and in consultation with the
Task Force; and
(II) consider the conceptual
framework specified in the report
entitled ``Conceptual Plan for the
Central and Southern Florida Project
Restudy'', published by the Commission
and approved by the Governor.
(B) Submission.--Not later than July 1, 1999, the
Secretary shall--
(i) complete the feasibility phase of the
Central and Southern Florida Project comprehensive
review study as authorized by section 309(l) of
the Water Resources Development Act of 1992 (106
Stat. 4844), and by 2 resolutions of the Committee
on Public Works and Transportation of the House of
Representatives, dated September 24, 1992; and
(ii) <<NOTE: Reports.>> submit to Congress
the plan developed under subparagraph (A)(i)
consisting of a feasibility report and a
programmatic environmental impact statement
covering the proposed Federal action set forth in
the plan.
(C) Additional studies and analyses.--
Notwithstanding the completion of the feasibility report
under subparagraph (B), the Secretary shall continue to
conduct such studies and analyses as are necessary,
consistent with subparagraph (A)(i).
(2) Use of existing authority for unconstructed project
features.--The Secretary shall design and construct any features
of the Central and Southern Florida Project that are authorized
on the date of the enactment of this Act or that may be
implemented in accordance with the Secretary's authority to
modify an authorized project, including features authorized
under sections 315 and 316, with funds that are otherwise
available, if the Secretary determines that the design and
construction--
(A) will accelerate the restoration, preservation,
and protection of the South Florida ecosystem;
(B) will be generally consistent with the conceptual
framework described in paragraph (1)(A)(ii)(II); and
(C) will be compatible with the overall authorized
purposes of the Central and Southern Florida Project.
(3) Critical restoration projects.--
(A) In general.--In addition to the activities
described in paragraphs (1) and (2), if the Secretary,
in cooperation with the non-Federal project sponsor and
the Task Force, determines that a restoration project
for the South Florida ecosystem will produce
independent, immediate, and substantial restoration,
preservation, and protection benefits, and will be
generally consistent with the conceptual framework
described in paragraph (1)(A)(ii)(II), the Secretary
shall proceed expeditiously with the implementation of
the restoration project.
[[Page 110 STAT. 3769]]
(B) Initiation of projects.--After September 30,
1999, no new projects may be initiated under
subparagraph (A).
(C) Authorization of appropriations.--
(i) In general.--There is authorized to be
appropriated to the Department of the Army to pay
the Federal share of the cost of carrying out
projects under subparagraph (A) $75,000,000 for
the period consisting of fiscal years 1997 through
1999.
(ii) Federal share.--The Federal share of the
cost of carrying out any 1 project under
subparagraph (A) shall be not more than
$25,000,000.
(4) General provisions.--
(A) Water quality.--In carrying out activities
described in this subsection and sections 315 and 316,
the Secretary--
(i) shall take into account the protection of
water quality by considering applicable State
water quality standards; and
(ii) may include in projects such features as
are necessary to provide water to restore,
preserve, and protect the South Florida ecosystem.
(B) Compliance with applicable law.--In carrying out
the activities described in this subsection and
subsection (c), the Secretary shall comply with any
applicable Federal law, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(C) Public participation.--In developing the
comprehensive plan under paragraph (1) and carrying out
the activities described in this subsection and
subsection (c), the Secretary shall provide for public
review and comment on the activities in accordance with
applicable Federal law.
(c) Integration of Other Activities.--
(1) In general.--In carrying out activities described in
subsection (b), the Secretary shall integrate such activities
with ongoing Federal and State projects and activities,
including--
(A) the project for the ecosystem restoration of the
Kissimmee River, Florida, authorized by section 101 of
the Water Resources Development Act of 1992 (106 Stat.
4802);
(B) 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);
(C) activities under the Florida Keys National
Marine Sanctuary and Protection Act (16 U.S.C. 1433
note; 104 Stat. 3089); and
(D) the Everglades Construction Project of the State
of Florida.
(2) Statutory construction.--
(A) Existing authority.--Except as otherwise
expressly provided in this section, nothing in this
section affects any authority in effect on the date of
the enactment of this Act, or any requirement of the
authority, relating to participation in restoration
activities in the South Flor
[[Page 110 STAT. 3770]]
ida ecosystem, including the projects and activities
specified in paragraph (1), by--
(i) the Department of the Interior;
(ii) the Department of Commerce;
(iii) the Department of the Army;
(iv) the Environmental Protection Agency;
(v) the Department of Agriculture;
(vi) the State of Florida; and
(vii) the South Florida Water Management
District.
(B) New authority.--Nothing in this section confers
any new regulatory authority on any Federal or non-
Federal entity that carries out any activity authorized
by this section.
(d) Justification.--
(1) In general.--Notwithstanding section 209 of the Flood
Control Act of 1970 (42 U.S.C. 1962-2) or any other provision of
law, in carrying out the activities to restore, preserve, and
protect the South Florida ecosystem described in subsection (b),
the Secretary may determine that the activities--
(A) are justified by the environmental benefits
derived by the South Florida ecosystem in general and
the Everglades and Florida Bay in particular; and
(B) shall not need further economic justification if
the Secretary determines that the activities are cost-
effective.
(2) Applicability.--Paragraph (1) shall not apply to any
separable element intended to produce benefits that are
predominantly unrelated to the restoration, preservation, and
protection of the South Florida ecosystem.
(e) Cost Sharing.--
(1) In general.--Except as provided in sections 315 and 316
and paragraph (2), the non-Federal share of the cost of
activities described in subsection (b) shall be 50 percent.
(2) Water quality features.--
(A) In general.--Except as provided in subparagraph
(B), the non-Federal share of the cost of project
features to improve water quality described in
subsection (b) shall be 100 percent.
(B) Exception.--
(i) In general.--Subject to clause (ii), if
the Secretary determines that a project feature to
improve water quality is essential to Everglades
restoration, the non-Federal share of the cost of
the feature shall be 50 percent.
(ii) Applicability.--Clause (i) shall not
apply to any feature of the Everglades
Construction Project of the State of Florida.
(3) Operation and maintenance.--The operation and
maintenance of projects carried out under this section shall be
a non-Federal responsibility.
(4) Credit.--Regardless of the date of acquisition, the
value of lands or interests in land acquired by non-Federal
interests for any activity described in subsection (b) shall be
included in the total cost of the activity and credited against
the non-Federal share of the cost of the activity. Such value
shall be determined by the Secretary.
(f) South Florida Ecosystem Restoration Task Force.--
[[Page 110 STAT. 3771]]
(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 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.
(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 based on the recommendations of the tribal
chairman.
(I) 1 representative of the Seminole Tribe of
Florida, to be appointed by the Secretary of the
Interior based on the recommendations of the tribal
chairman.
(J) 2 representatives of the State of Florida, to be
appointed by the Secretary of the Interior based on the
recommendations of the Governor.
(K) 1 representative of the South Florida Water
Management District, to be appointed by the Secretary of
the Interior based on the recommendations of the
Governor.
(L) 2 representatives of local government in the
State of Florida, to be appointed by the Secretary of
the Interior based on the recommendations of the
Governor.
(2) Duties of task force.--The Task Force--
(A) shall consult with, and provide recommendations
to, the Secretary during development of the
comprehensive plan under subsection (b)(1);
(B) shall coordinate the development of consistent
policies, strategies, plans, programs, projects,
activities, and priorities for addressing the
restoration, preservation, and protection of the South
Florida ecosystem;
(C) shall exchange information regarding programs,
projects, and activities of the agencies and entities
represented on the Task Force to promote ecosystem
restoration and maintenance;
(D) shall establish a Florida-based working group
which shall include representatives of the agencies and
entities represented on the Task Force as well as other
governmental entities as appropriate for the purpose of
formulating, recommending, coordinating, and
implementing the policies, strategies, plans, programs,
projects, activities, and priorities of the Task Force;
(E) may, and the working group described in
subparagraph (D), may--
(i) establish such advisory bodies as are
necessary to assist the Task Force in its duties,
including public policy and scientific issues; and
(ii) select as an advisory body any entity,
such as the Commission, that represents a broad
variety of private and public interests;
[[Page 110 STAT. 3772]]
(F) shall facilitate the resolution of interagency
and intergovernmental conflicts associated with the
restoration of the South Florida ecosystem among
agencies and entities represented on the Task Force;
(G) shall coordinate scientific and other research
associated with the restoration of the South Florida
ecosystem;
(H) shall provide assistance and support to agencies
and entities represented on the Task Force in their
restoration activities;
(I) shall prepare an integrated financial plan and
recommendations for coordinated budget requests for the
funds proposed to be expended by agencies and entities
represented on the Task Force for the restoration,
preservation, and protection of the South Florida
ecosystem; and
(J) <<NOTE: Reports.>> shall submit a biennial
report to Congress that summarizes--
(i) the activities of the Task Force;
(ii) the policies, strategies, plans,
programs, projects, activities, and priorities
planned, developed, or implemented for the
restoration of the South Florida ecosystem; and
(iii) progress made toward the restoration.
(3) Procedures and advice.--
(A) Public participation.--
(i) In general.--The Task Force shall
implement procedures to facilitate public
participation in the advisory process, including
providing advance notice of meetings, providing
adequate opportunity for public input and comment,
maintaining appropriate records, and making a
record of the proceedings of meetings available
for public inspection.
(ii) Oversight.--The Secretary of the Interior
shall ensure that the procedures described in
clause (i) are adopted and implemented and that
the records described in clause (i) are accurately
maintained and available for public inspection.
(B) Advisors to the task force and working group.--
The Task Force or the working group described in
paragraph (2)(D) may seek advice and input from any
interested, knowledgeable, or affected party as the Task
Force or working group, respectively, determines
necessary to perform the duties described in paragraph
(2).
(C) Application of the federal advisory committee
act.--
(i) Task force and working group.--The Task
Force and the working group shall not be
considered advisory committees under the Federal
Advisory Committee Act (5 U.S.C. App.).
(ii) Advisors.--Seeking advice and input under
subparagraph (B) shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
(4) Compensation.--A member of the Task Force shall receive
no compensation for the service of the member on the Task Force.
(5) Travel expenses.--Travel expenses incurred by a member
of the Task Force in the performance of services for the
[[Page 110 STAT. 3773]]
Task Force shall be paid by the agency, tribe, or government
that the member represents.
SEC. 529. TAMPA, FLORIDA.
The Secretary may enter into a cooperative agreement under section
229 with the Museum of Science and Industry, Tampa, Florida, to provide
technical, planning, and design assistance to demonstrate the water
quality functions found in wetlands, at an estimated total Federal cost
of $500,000.
SEC. 530. WATERSHED MANAGEMENT PLAN FOR DEEP RIVER BASIN, INDIANA.
(a) Development.--The Secretary, in consultation with the Natural
Resources Conservation Service of the Department of Agriculture, shall
develop a watershed management plan for the Deep River Basin, Indiana,
including Deep River, Lake George, Turkey Creek, and other related
tributaries in Indiana.
(b) Contents.--The plan to be developed by the Secretary under
subsection (a) shall address specific concerns related to the Deep River
Basin area, including--
(1) sediment flow into Deep River, Turkey Creek, and other
tributaries;
(2) control of sediment quality in Lake George;
(3) flooding problems;
(4) the safety of the Lake George Dam; and
(5) watershed management.
SEC. 531. SOUTHERN AND EASTERN KENTUCKY.
(a) Establishment of Program.--The Secretary may establish a program
for providing environmental assistance to non-Federal interests in
southern and eastern Kentucky.
(b) Form of Assistance.--Assistance under this section may be in the
form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in southern and eastern Kentucky, including projects for
wastewater treatment and related facilities, water supply and related
facilities, and surface water resource protection and development.
(c) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(d) Project Cooperation Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a project cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with such
assistance.
(2) Requirements.--Each agreement entered into under this
subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities development plan or resource
protection plan, including appropriate plans and
specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional structures
as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) Cost sharing.--
[[Page 110 STAT. 3774]]
(A) In general.--Total project costs under each
agreement entered into under this subsection shall be
shared at 75 percent Federal and 25 percent non-Federal.
The Federal share may be in the form of grants or
reimbursements of project costs.
(B) Credit for design work.--The non-Federal
interest shall receive credit for the reasonable costs
of design work completed by such interest before
entering into the agreement with the Secretary.
(C) Credit for certain financing costs.--In the
event of a delay in the reimbursement of the non-Federal
share of a project, the non-Federal interest shall
receive credit for reasonable interest and other
associated financing costs necessary for such non-
Federal interest to provide the non-Federal share of the
project's cost.
(D) Lands, easements, and rights-of-way.--The non-
Federal interest shall receive credit for lands,
easements, rights-of-way, and relocations provided by
the non-Federal interest toward its share of project
costs (including costs associated with obtaining permits
necessary for the placement of such project on publicly
owned or controlled lands), but not to exceed 25 percent
of total project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed under an agreement entered into under this
subsection shall be 100 percent.
(e) Applicability of Other Federal and State Laws.--Nothing in this
section shall be construed as waiving, limiting, or otherwise affecting
the applicability of any provision of Federal or State law that would
otherwise apply to a project to be carried out with assistance provided
under this section.
(f) Report.--Not later than December 31, 1999, the Secretary shall
transmit to Congress a report on the results of the program carried out
under this section, together with recommendations concerning whether or
not such program should be implemented on a national basis.
(g) Southern and Eastern Kentucky Defined.--In this section, the
term ``southern and eastern Kentucky'' means Morgan, Floyd, Pulaski,
Wayne, Laurel, Knox, Pike, Menifee, Perry, Harlan, Breathitt, Martin,
Jackson, Wolfe, Clay, Magoffin, Owsley, Johnson, Leslie, Lawrence,
Knott, Bell, McCreary, Rockcastle, Whitley, Lee, and Letcher Counties,
Kentucky.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 532. COASTAL WETLANDS RESTORATION PROJECTS, LOUISIANA.
Section 303(f) of the Coastal Wetlands Planning, Protection and
Restoration Act (16 U.S.C. 3952(f); 104 Stat. 4782-4783) is amended--
(1) in paragraph (4) by striking ``and (3)'' and inserting
``(3), and (5)''; and
(2) by adding at the end the following:
``(5) Federal share in calendar years 1996 and 1997.--
Notwithstanding paragraphs (1) and (2), upon approval of the
conservation plan under section 304 and a determination by the
Secretary that a reduction in the non-Federal share is
warranted, amounts made available in accordance with section
[[Page 110 STAT. 3775]]
306 to carry out coastal wetlands restoration projects under
this section in calendar years 1996 and 1997 shall provide 90
percent of the cost of such projects.''.
SEC. 533. SOUTHEAST LOUISIANA.
(a) Flood Control.--The Secretary shall proceed with engineering,
design, and construction of projects to provide for flood control and
improvements to rainfall drainage systems in Jefferson, Orleans, and St.
Tammany Parishes, Louisiana, in accordance with the following reports of
the New Orleans District Engineer: Jefferson and Orleans Parishes,
Louisiana, Urban Flood
Control and Water Quality Management, July 1992; Tangipahoa,
Techefuncte, and Tickfaw Rivers, Louisiana, June 1991; St. Tammany
Parish, Louisiana, July 1996; and Schneider Canal, Slidell, Louisiana,
Hurricane Protection, May 1990.
(b) Cost Sharing.--The cost of any work performed by the non-Federal
interests subsequent to the dates of the reports referred to in
subsection (a) and determined by the Secretary to be a compatible and
integral part of the projects shall be credited toward the non-Federal
share of the projects.
(c) Funding.--There is authorized to be appropriated $100,000,000
for the initiation and partial accomplishment of projects described in
the reports referred to in subsection (a).
(d) Additional Obligations.--No funds may be obligated in excess of
the amount authorized by subsection (c) for the projects for flood
control and improvements to rainfall drainage systems authorized by
subsection (a) until the Corps of Engineers determines that the
additional work to be carried out with such funds is technically sound,
environmentally acceptable, and economic, as applicable.
SEC. 534. ASSATEAGUE ISLAND, MARYLAND AND VIRGINIA.
(a) Project To Mitigate Shore Damage.--The Secretary shall expedite
the Assateague Island restoration feature of the Ocean City, Maryland,
and vicinity study and, if the Secretary determines that the Federal
navigation project has contributed to degradation of the shoreline, the
Secretary shall carry out the shoreline restoration feature. The
Secretary shall allocate costs for the project feature pursuant to
section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i; 82
Stat. 735).
(b) Coordination.--In carrying out the project under this section,
the Secretary shall coordinate with affected Federal and State agencies
and shall enter into an agreement with the Federal property owner to
determine the allocation of the project costs.
(c) Funding.--There is authorized to be appropriated to carry out
this section $35,000,000.
SEC. 535. CUMBERLAND, MARYLAND.
The Secretary may provide technical, planning, and design assistance
to State, local, and other Federal entities for the restoration of the
Chesapeake and Ohio Canal, in the vicinity of Cumberland, Maryland.
SEC. 536. WILLIAM JENNINGS RANDOLPH ACCESS ROAD, GARRETT COUNTY,
MARYLAND.
The Secretary shall transfer up to $600,000 to the State of Maryland
for use by the State in constructing an access road
[[Page 110 STAT. 3776]]
to the William Jennings Randolph Lake in Garrett County, Maryland.
SEC. 537. POPLAR ISLAND, MARYLAND.
The Secretary shall carry out a project for the beneficial use of
dredged material at Poplar Island, Maryland, substantially in accordance
with, and subject to the conditions described in, the report of the
Secretary dated September 3, 1996, 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. The project shall be carried out under the policies
and cooperative agreement requirements of section 204 of the Water
Resources Development Act of 1992 (33 U.S.C. 2326), except that
subsection (e) of such section shall not apply to the project authorized
by this section.
SEC. 538. EROSION CONTROL MEASURES, SMITH ISLAND, MARYLAND.
(a) In General.--The Secretary shall implement erosion control
measures in the vicinity of Rhodes Point, Smith Island, Maryland, at an
estimated total Federal cost of $450,000.
(b) Implementation on Emergency Basis.--The project under subsection
(a) shall be carried out on an emergency basis in view of the national,
historic, and cultural value of the island and in order to protect the
Federal investment in infrastructure facilities.
(c) Cost Sharing.--Cost sharing applicable to hurricane and storm
damage reduction shall be applicable to the project to be carried out
under subsection (a).
SEC. 539. RESTORATION PROJECTS FOR MARYLAND, PENNSYLVANIA, AND WEST
VIRGINIA.
(a) In General.--
(1) Technical assistance.--The Secretary may provide
technical assistance to non-Federal interests, in cooperation
with Federal and State agencies, for reclamation and water
quality protection projects for the purpose of abating and
mitigating surface water quality degradation caused by abandoned
mines along--
(A) the North Branch of the Potomac River, Maryland,
Pennsylvania, and West Virginia; and
(B) the New River, West Virginia, watershed.
(2) Additional measures.--Projects under paragraph (1) may
also include measures for the abatement and mitigation of
surface water quality degradation caused by the lack of sanitary
wastewater treatment facilities or the need to enhance such
facilities.
(3) Consultation with federal entities.--Any project under
paragraph (1) that is located on lands owned by the United
States shall be undertaken in consultation with the Federal
entity with administrative jurisdiction over such lands.
(b) Federal Share.--The Federal share of the cost of the activities
conducted under subsection (a)(1) shall be 50 percent; except that, with
respect to projects located on lands owned by the United States, the
Federal share shall be 100 percent.
(c) Effect on Authority of Secretary of the Interior.--Nothing in
this section is intended to affect the authority of the Secretary of the
Interior under title IV of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1231 et seq.).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,500,000 for projects
[[Page 110 STAT. 3777]]
undertaken under subsection (a)(1)(A) and $1,500,000 for projects
undertaken under subsection (a)(1)(B).
SEC. 540. CONTROL OF AQUATIC PLANTS, MICHIGAN, PENNSYLVANIA, AND
VIRGINIA AND NORTH CAROLINA.
The Secretary shall carry out under section 104 of the River and
Harbor Act of 1958 (33 U.S.C. 610)--
(1) a program to control aquatic plants in Lake St. Clair,
Michigan;
(2) a program to control aquatic plants in the Schuylkill
River, Philadelphia, Pennsylvania; and
(3) a program to control aquatic plants in Lake Gaston,
Virginia and North Carolina.
SEC. 541. DULUTH, MINNESOTA, ALTERNATIVE TECHNOLOGY PROJECT.
(a) Project Authorization.--The Secretary shall develop and
implement alternative methods for decontamination and disposal of
contaminated dredged material at the Port of Duluth, Minnesota.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000.
SEC. 542. LAKE SUPERIOR CENTER, MINNESOTA.
(a) Construction.--The Secretary shall assist the Minnesota Lake
Superior Center authority in the construction of an educational facility
to be used in connection with efforts to educate the public in the
economic, recreational, biological, aesthetic, and spiritual worth of
Lake Superior and other large bodies of fresh water.
(b) Public Ownership.--Prior to providing any assistance under
subsection (a), the Secretary shall verify that the facility to be
constructed under subsection (a) will be owned by the public authority
established by the State of Minnesota to develop, operate, and maintain
the Lake Superior Center.
(c) Authorization of Appropriations.--There is authorized to be
appropriated for the construction of the facility under subsection (a)
$10,000,000.
SEC. 543. REDWOOD RIVER BASIN, MINNESOTA.
(a) Study and Strategy Development.--The Secretary, in cooperation
with the Secretary of Agriculture and the State of Minnesota, shall
conduct a study, and develop a strategy, for using wetland restoration,
soil and water conservation practices, and nonstructural measures to
reduce flood damage, improve water quality, and create wildlife habitat
in the Redwood River basin and the subbasins draining into the Minnesota
River, at an estimated Federal cost of $4,000,000.
(b) Non-Federal Share.--The non-Federal share of the cost of the
study and development of the strategy shall be 25 percent and may be
provided through in-kind services and materials.
(c) Cooperation Agreements.--In conducting the study and developing
the strategy under this section, the Secretary may enter into
cooperation agreements to provide financial assistance to appropriate
Federal, State, and local government agencies, including assistance for
the implementation of wetland restoration projects and soil and water
conservation measures.
[[Page 110 STAT. 3778]]
(d) Implementation.--The Secretary shall undertake development and
implementation of the strategy authorized by this section in cooperation
with local landowners and local government officials.
SEC. 544. COLDWATER RIVER WATERSHED, MISSISSIPPI.
Not later than 6 months after the date of the enactment of this Act,
the Secretary shall initiate all remaining work associated with the
Coldwater River Watershed Demonstration Erosion Control Project, as
authorized by the Act entitled ``An Act making appropriations to provide
productive employment for hundreds of thousands of jobless Americans, to
hasten or initiate Federal projects and construction of lasting value to
the Nation and its citizens, and to provide humanitarian assistance to
the indigent for fiscal year 1983, and for other purposes'', approved
March 24, 1983 (97 Stat. 13).
SEC. 545. NATCHEZ BLUFFS, MISSISSIPPI.
The Secretary shall carry out the project for bluff stabilization,
Natchez Bluffs, Natchez, Mississippi, substantially in accordance with
the Natchez Bluffs Study, dated September 1985, the Natchez Bluffs
Study: Supplement I, dated June 1990, and the Natchez Bluffs Study:
Supplement II, dated December 1993, at a total cost of $17,200,000, with
an estimated Federal cost of $12,900,000 and an estimated non-Federal
cost of $4,300,000. The project shall be carried out in the portions of
the bluffs described in the studies specified in the preceding sentence
as Clifton Avenue, area 3; Bluff above Silver Street, area 6; Bluff
above Natchez Under-the-Hill, area 7; and Madison Street to State
Street, area 4.
SEC. 546. SARDIS LAKE, MISSISSIPPI.
(a) Management.--The Secretary shall work cooperatively with the
State of Mississippi and the city of Sardis, Mississippi, to the maximum
extent practicable, in the management of existing and proposed leases of
land consistent with the Sardis Lake Recreation and Tourism Master Plan
prepared by the city for the economic development of the Sardis Lake
area.
(b) Flood Control Storage.--The Secretary shall review the study
conducted by the city of Sardis, Mississippi, regarding the impact of
the Sardis Lake Recreation and Tourism Master Plan prepared by the city
on flood control storage in Sardis Lake. The city shall not be required
to reimburse the Secretary for the cost of such storage, or the cost of
the Secretary's review, if the Secretary finds that the loss of flood
control storage resulting from implementation of the master plan is not
significant.
SEC. 547. ST. CHARLES COUNTY, MISSOURI, FLOOD PROTECTION.
(a) In General.--Notwithstanding any other provision of law
(including any regulation), no county located at the confluence of the
Missouri and Mississippi Rivers or community located in any county
located at the confluence of the Missouri and Mississippi Rivers shall
have its participation in the national flood insurance program
established under chapter 1 of the National Flood Insurance Act of 1968
(42 U.S.C. 4011 et seq.) suspended, revoked, or otherwise affected
solely due to that county's or community's permitting the raising of
levees by any public-sponsored levee district, along an alignment
approved by the circuit court of such county, to a level sufficient to
contain a 20-year flood.
[[Page 110 STAT. 3779]]
(b) Permits.--The permit issued under section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344) numbered P-1972,
authorizing the reshaping and realignment of an existing levee, shall be
considered adequate to allow the raising of levees under subsection (a).
SEC. 548. ST. LOUIS, MISSOURI.
The Secretary shall not reassign the St. Louis District of the Corps
of Engineers from the operational control of the Lower Mississippi
Valley Division.
SEC. 549. LIBBY DAM, MONTANA.
(a) In General.--In accordance with section 103(c)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(c)(1)), the Secretary
shall--
(1) complete the construction and installation of generating
units 6 through 8 at Libby Dam, Montana; and
(2) remove the partially constructed haul bridge over the
Kootenai River, Montana.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $16,000,000. Such sums shall
remain available until expended.
SEC. 550. HACKENSACK MEADOWLANDS AREA, NEW JERSEY.
Section 324(b)(1) of the Water Resources Development Act of 1992
(106 Stat. 4849) is amended to read as follows:
``(1) Mitigation, enhancement, and acquisition of
significant wetlands that contribute to the Meadowlands
ecosystem.''.
SEC. 551. HUDSON RIVER HABITAT RESTORATION, NEW YORK.
(a) Habitat Restoration.--The Secretary shall expedite the
feasibility study of the Hudson River Habitat Restoration, Hudson River
Basin, New York, and may carry out not fewer than 4 projects for habitat
restoration in the Hudson River Basin, to the extent the Secretary
determines such work to be advisable and technically feasible. Such
projects shall be designed to--
(1) assess and improve habitat value and environmental
outputs of recommended projects;
(2) evaluate various restoration techniques for
effectiveness and cost;
(3) fill an important local habitat need within a specific
portion of the study area; and
(4) take advantage of ongoing or planned actions by other
agencies, local municipalities, or environmental groups that
would increase the effectiveness or decrease the overall cost of
implementing one of the recommended restoration project sites.
(b) Non-Federal Share.--Non-Federal interests shall provide 25
percent of the cost of each project undertaken under subsection (a). The
non-Federal share may be in the form of cash or in-kind contributions.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $11,000,000.
SEC. 552. NEW YORK CITY WATERSHED.
(a) Environmental Assistance Program.--
[[Page 110 STAT. 3780]]
(1) Establishment.--The Secretary shall establish a program
for providing environmental assistance to non-Federal interests
in the New York City Watershed.
(2) Form of assistance.--Assistance provided under this
section may be in the form of design and construction assistance
for water-related environmental infrastructure and resource
protection and development projects in the New York City
Watershed, including projects for water supply, storage,
treatment, and distribution facilities, and surface water
resource protection and development.
(b) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(c) Eligible Projects.--
(1) Certification.--A project shall be eligible for
financial assistance under this section only if the State
director for the project certifies to the Secretary that the
project will contribute to the protection and enhancement of the
quality or quantity of the New York City water supply.
(2) Special consideration.--In certifying projects to the
Secretary, the State director shall give special consideration
to those projects implementing plans, agreements, and measures
that preserve and enhance the economic and social character of
the communities in the New York City Watershed.
(3) Project descriptions.--Projects eligible for assistance
under this section shall include the following:
(A) Implementation of intergovernmental agreements
for coordinating regulatory and management
responsibilities.
(B) Acceleration of whole farm planning to implement
best management practices to maintain or enhance water
quality and to promote agricultural land use.
(C) Acceleration of whole community planning to
promote intergovernmental cooperation in the regulation
and management of activities consistent with the goal of
maintaining or enhancing water quality.
(D) Natural resources stewardship on public and
private lands to promote land uses that preserve and
enhance the economic and social character of the
communities in the New York City Watershed and protect
and enhance water quality.
(d) Cooperation Agreements.--Before providing assistance under this
section, the Secretary shall enter into a project cooperation agreement
with the State director for the project to be carried out with such
assistance.
(e) Cost Sharing.--
(1) In general.--Total project costs under each agreement
entered into under this section shall be shared at 75 percent
Federal and 25 percent non-Federal. The Federal share may be in
the form of grants or reimbursements of project costs.
(2) Credit for design work.--The non-Federal interest shall
receive credit for the reasonable costs of design work completed
by such interest prior to entering into the agreement with the
Secretary for a project.
(3) Credit for interest.--In the event of a delay in the
reimbursement of the non-Federal share of a project, the non-
Federal interest shall receive credit for reasonable interest
[[Page 110 STAT. 3781]]
costs incurred to provide the non-Federal share of a project's
cost.
(4) Lands, easements, and rights-of-way credit.--The non-
Federal interest shall receive credit for lands, easements,
rights-of-way, and relocations provided by the non-Federal
interest toward its share of project costs (including direct
costs associated with obtaining permits necessary for the
placement of such project on publicly owned or controlled
lands), but not to exceed 25 percent of total project costs.
(5) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section shall be construed to waive, limit, or otherwise affect the
applicability of any provision of Federal or State law that would
otherwise apply to a project carried out with assistance provided under
this section.
(g) Report.--Not later than December 31, 2000, the Secretary shall
transmit to Congress a report on the results of the program carried out
under this section, together with recommendations concerning whether
such program should be implemented on a national basis.
(h) New York City Watershed Defined.--In this section, the term
``New York City Watershed'' means the land area within the counties of
Delaware, Greene, Schoharie, Ulster, Sullivan, Westchester, Putnam, and
Duchess, New York, that contributes water to the water supply system of
New York City.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $22,500,000.
SEC. 553. NEW YORK STATE CANAL SYSTEM.
(a) In General.--The Secretary may make capital improvements to the
New York State Canal System.
(b) Agreements.--The Secretary, with the consent of appropriate
local and State entities, shall enter into such arrangements, contracts,
and leases with public and private entities as may be necessary for the
purposes of rehabilitation, renovation, preservation, and maintenance of
the New York State Canal System and its related facilities, including
trailside facilities and other recreational projects along the waterways
of the canal system.
(c) New York State Canal System Defined.--In this section, the term
``New York State Canal System'' means the Erie, Oswego, Champlain, and
Cayuga-Seneca Canals.
(d) Federal Share.--The Federal share of the cost of capital
improvements under this section shall be 50 percent.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,000,000.
SEC. 554. ORCHARD BEACH, BRONX, NEW YORK.
The Secretary shall conduct a study for a project for shoreline
protection, Orchard Beach, Bronx, New York, and, if the Secretary
determines that the project is feasible, may carry out the project, at a
maximum Federal cost of $5,200,000.
SEC. 555. DREDGED MATERIAL CONTAINMENT FACILITY FOR PORT OF NEW YORK-NEW
JERSEY.
(a) In General.--The Secretary may construct, operate, and maintain
a dredged material containment facility with a capacity
[[Page 110 STAT. 3782]]
commensurate with the long-term dredged material disposal needs of port
facilities under the jurisdiction of the Port of New York-New Jersey.
Such facility may be a near-shore dredged material disposal facility
along the Brooklyn waterfront.
(b) Cost Sharing.--The costs associated with feasibility studies,
design, engineering, and construction under this section shall be shared
with the non-Federal interest in accordance with section 101 of the
Water Resources Development Act of 1986 (33 U.S.C. 2211).
(c) Public Benefit.--After the facility constructed under subsection
(a) has been filled to capacity with dredged material, the Secretary
shall maintain the facility for the public benefit.
SEC. 556. <<NOTE: 33 USC 59c-3.>> 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) as of the date of the enactment of this Act, lies
between the southerly high water line of Anable Basin (also
known as the ``11th Street Basin'') and the northerly high water
line of Newtown Creek; and
(3) extends from the high water line (as of such date of
enactment) of the East River to the original high water line of
the East River;
is declared to be nonnavigable waters of the United States.
(b) Requirement That Area Be Improved.--
(1) <<NOTE: Applicability.>> 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 the 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.
[[Page 110 STAT. 3783]]
SEC. 557. JAMESTOWN DAM AND PIPESTEM DAM, NORTH DAKOTA.
(a) Revisions to Water Control Manuals.--In consultation with the
States of North Dakota and 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 North Dakota and South
Dakota.
(b) Feasibility Study.--
(1) In general.--Not later than 1 year after the date of the
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) <<NOTE: Reports.>> submit a report on the study
to Congress.
(2) Considerations.--In carrying out paragraph (1), the
Secretary shall consider all reasonable project-related and
other options.
SEC. 558. NORTHEASTERN OHIO.
The Secretary may provide technical assistance to local interests
for establishment of a regional water authority in northeastern Ohio to
address the water problems of the region. The Federal share of the costs
of such planning shall not exceed 50 percent.
SEC. 559. <<NOTE: Indiana.>> OHIO RIVER GREENWAY.
(a) Expedited Completion of Study.--The Secretary shall expedite the
completion of the study for a project for the Ohio River Greenway,
Jeffersonville, Clarksville, and New Albany, Indiana.
(b) Construction.--Upon completion of the study, if the Secretary
determines that the project is feasible, the Secretary shall participate
with the non-Federal interests in the construction of the project.
(c) Cost Sharing.--Total project costs under this section shall be
shared at 50 percent Federal and 50 percent non-Federal.
(d) Lands, Easements, and Rights-of-Way.--Non-Federal interests
shall be responsible for providing all lands, easements, rights-of-way,
relocations, and dredged material disposal areas necessary for the
project.
(e) Credit.--The non-Federal interests shall receive credit for
those costs incurred by the non-Federal interests that the Secretary
determines are compatible with the study, design, and implementation of
the project.
SEC. 560. GRAND LAKE, OKLAHOMA.
(a) Study.--Not later than 1 year after the date of the enactment of
this Act, the Secretary shall carry out and complete a study of flooding
in Grand/Neosho Basin and tributaries in the vicinity of Pensacola Dam
in northeastern Oklahoma to determine the scope of the backwater effects
of operation of the dam and to identify any lands that the Secretary
determines have been adversely impacted by such operation or should have
been originally purchased as flowage easement for the project.
(b) Acquisition of Real Property.--Upon completion of the study and
subject to advance appropriations, the Secretary may
[[Page 110 STAT. 3784]]
acquire from willing sellers such real property interests in any lands
identified in the study as the Secretary determines are necessary to
reduce the adverse impacts identified in the study conducted under
subsection (a).
(c) Implementation Reports.--The Secretary shall transmit to
Congress reports on the operation of Pensacola Dam, including data on
and a description of releases in anticipation of flooding (referred to
as ``preoccupancy releases''), and the implementation of this section.
The first of such reports shall be transmitted not later than 2 years
after the date of the enactment of this Act.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $25,000,000.
(2) Maximum funding for study.--Of amounts appropriated to
carry out this section, not to exceed $1,500,000 shall be
available for carrying out the study under subsection (a).
SEC. 561. BROAD TOP REGION OF PENNSYLVANIA.
Section 304 of the Water Resources Development Act of 1992 (106
Stat. 4840) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Cost Sharing.--
``(1) Federal share.--The Federal share of the cost of the
activities conducted under the cooperative agreement entered
into under subsection (a)--
``(A) shall be 75 percent; and
``(B) may be in the form of grants or reimbursements
of project costs.
``(2) Non-federal share.--The non-Federal share of project
costs may be provided in the form of design and construction
services and other in-kind work provided by the non-Federal
interests, whether occurring subsequent to, or within 6 years
prior to, entering into an agreement with the Secretary. Non-
Federal interests shall receive credit for grants and the value
of work performed on behalf of such interests by State and local
agencies, as determined by the Secretary.''; and
(2) in subsection (c) by striking ``$5,500,000'' and
inserting ``$11,000,000''.
SEC. 562. CURWENSVILLE LAKE, PENNSYLVANIA.
The Secretary shall modify the allocation of costs for the water
reallocation project at Curwensville Lake, Pennsylvania, to the extent
that the Secretary determines that such modification will provide
environmental restoration benefits in meeting instream flow needs in the
Susquehanna River basin.
SEC. 563. HOPPER DREDGE MCFARLAND.
(a) Project Authorization.--
(1) Determination.--The Secretary shall determine the
advisability and necessity of making modernization and
efficiency improvements to the hopper dredge McFarland. In
making such determination, the Secretary shall--
(A) assess the need for returning the dredge to
active service;
[[Page 110 STAT. 3785]]
(B) determine whether the McFarland should be
returned to active service or the reserve fleet after
the potential improvements are completed and paid for;
and
(C) establish minimum standards of dredging service
to be met in areas served by the McFarland while the
dredge is undergoing improvements.
(2) Authorization.--If the Secretary determines under
paragraph (1) that such modernization and efficiency
improvements are advisable and necessary, the Secretary may
carry out the modernization and efficiency improvements. The
Secretary may carry out such improvements only at the
Philadelphia Naval Shipyard, Pennsylvania.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
SEC. 564. <<NOTE: Reports.>> PHILADELPHIA, PENNSYLVANIA.
(a) Water Works Restoration.--
(1) In general.--Upon completion of a report by the Corps of
Engineers that such work is technically sound, environmentally
acceptable, and economic, as applicable, the Secretary shall
provide planning, design, and construction assistance for the
protection and restoration of the Philadelphia, Pennsylvania,
Water Works.
(2) Coordination.--In providing assistance under this
subsection, the Secretary shall coordinate with the Fairmount
Park Commission and the Secretary of the Interior.
(3) Funding.--There is authorized to be appropriated to
carry out this subsection $1,000,000.
(b) Cooperation Agreement for Schuylkill Navigation Canal.--
(1) In general.--The Secretary shall enter into a
cooperation agreement with the city of Philadelphia,
Pennsylvania, to participate in the rehabilitation of the
Schuylkill Navigation Canal at Manayunk.
(2) Limitation on federal share.--The Federal share of the
cost of the rehabilitation under paragraph (1) shall not exceed
$300,000 for each fiscal year.
(3) Area included.--For purposes of this subsection, the
Schuylkill Navigation Canal includes the section approximately
10,000 feet long extending between Lock and Fountain Streets,
Philadelphia, Pennsylvania.
(c) Schuylkill River Park.--
(1) Assistance.--Upon completion of a report by the Corps of
Engineers that such work is technically sound, environmentally
acceptable, and economic, as applicable, the Secretary may
provide technical, planning, design, and construction assistance
for the Schuylkill River Park, Philadelphia, Pennsylvania.
(2) Funding.--There is authorized to be appropriated to
carry out this subsection $2,700,000.
(d) Pennypack Park.--
(1) Assistance.--Upon completion of a report by the Corps of
Engineers that such work is technically sound, environmentally
acceptable, and economic, as applicable, the Secretary may
provide technical, design, construction, and financial
assistance for measures for the improvement and restoration
[[Page 110 STAT. 3786]]
of aquatic habitats and aquatic resources at Pennypack Park,
Philadelphia, Pennsylvania.
(2) Cooperation agreements.--In providing assistance under
this subsection, the Secretary shall enter into cooperation
agreements with the city of Philadelphia, acting through the
Fairmount Park Commission.
(3) Funding.--There is authorized to be appropriated to
carry out this subsection $15,000,000.
(e) Frankford Dam.--
(1) Cooperation agreements.--The Secretary may enter into
cooperation agreements with the city of Philadelphia,
Pennsylvania, acting through the Fairmount Park Commission, to
provide assistance for the elimination of the Frankford Dam, the
replacement of the Rhawn Street Dam, and modifications to the
Roosevelt Dam and the Verree Road Dam.
(2) Funding.--There is authorized to be appropriated to
carry out this subsection $900,000.
SEC. 565. SEVEN POINTS VISITORS CENTER, RAYSTOWN LAKE, PENNSYLVANIA.
(a) In General.--The Secretary shall construct a visitors center and
related public use facilities at the Seven Points Recreation Area at
Raystown Lake, Pennsylvania, generally in accordance with the Master
Plan Update (1994) for the Raystown Lake Project.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000.
SEC. 566. SOUTHEASTERN PENNSYLVANIA.
(a) Establishment of Program.--The Secretary may establish a pilot
program for providing environmental assistance to non-Federal interests
in southeastern Pennsylvania.
(b) Form of Assistance.--Assistance under this section may be in the
form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in southeastern Pennsylvania, including projects for waste
water treatment and related facilities, water supply and related
facilities, and surface water resource protection and development.
(c) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(d) Local Cooperation Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with such
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional structures
as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
[[Page 110 STAT. 3787]]
(3) Cost sharing.--
(A) In general.--Total project costs under each
local cooperation agreement entered into under this
subsection shall be shared at 75 percent Federal and 25
percent non-Federal. The Federal share may be in the
form of grants or reimbursements of project costs.
(B) Credit for design work.--The non-Federal
interest shall receive credit for the reasonable costs
of design work completed by such interest prior to
entering into a local cooperation agreement with the
Secretary for a project. The credit for such design work
shall not exceed 6 percent of the total construction
costs of the project.
(C) Credit for interest.--In the event of a delay in
the funding of the non-Federal share of a project that
is the subject of an agreement under this section, the
non-Federal interest shall receive credit for reasonable
interest incurred in providing the non-Federal share of
a project's cost.
(D) Lands, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for lands,
easements, rights-of-way, and relocations toward its
share of project costs (including all reasonable costs
associated with obtaining permits necessary for the
construction, operation, and maintenance of such project
on publicly owned or controlled lands), but not to
exceed 25 percent of total project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(e) Applicability of Other Federal and State Laws.--Nothing in this
section shall be construed as waiving, limiting, or otherwise affecting
the applicability of any provision of Federal or State law that would
otherwise apply to a project to be carried out with assistance provided
under this section.
(f) Report.--Not later than December 31, 1998, the Secretary shall
transmit to Congress a report on the results of the pilot program
carried out under this section, together with recommendations concerning
whether or not such program should be implemented on a national basis.
(g) Southeastern Pennsylvania Defined.--In this section, the term
``southeastern Pennsylvania'' means Philadelphia, Bucks, Chester,
Delaware, and Montgomery Counties, Pennsylvania.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000.
SEC. 567. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW YORK.
(a) Study and Strategy Development.--The Secretary, in cooperation
with the Secretary of Agriculture, the State of Pennsylvania, and the
State of New York, shall conduct a study, and develop a strategy, for
using wetland restoration, soil and water conservation practices, and
nonstructural measures to reduce flood damage, improve water quality,
and create wildlife habitat in the following portions of the Upper
Susquehanna River basin:
(1) The Juniata River watershed, Pennsylvania, at an
estimated Federal cost of $8,000,000.
[[Page 110 STAT. 3788]]
(2) The Susquehanna River watershed upstream of the Chemung
River, New York, at an estimated Federal cost of $5,000,000.
(b) Non-Federal Share.--The non-Federal share of the cost of the
study and development of the strategy shall be 25 percent and may be
provided through in-kind services and materials.
(c) Cooperation Agreements.--In conducting the study and developing
the strategy under this section, the Secretary may enter into
cooperation agreements to provide financial assistance to appropriate
Federal, State, and local government agencies, including assistance for
the implementation of wetland restoration projects and soil and water
conservation measures.
(d) Implementation.--The Secretary shall undertake development and
implementation of the strategy authorized by this section in cooperation
with local landowners and local government officials.
SEC. 568. WILLS CREEK, HYNDMAN, PENNSYLVANIA.
The Secretary may carry out a project for flood control, Wills
Creek, Borough of Hyndman, Pennsylvania, at an estimated total cost of
$5,000,000.
SEC. 569. BLACKSTONE RIVER VALLEY, RHODE ISLAND AND MASSACHUSETTS.
(a) In General.--The Secretary, in coordination with Federal, State,
and local interests, shall provide technical, planning, and design
assistance in the development and restoration of the Blackstone River
Valley National Heritage Corridor, Rhode Island and Massachusetts.
(b) Federal Share.--Funds made available under this section for
planning and design of a project may not exceed 75 percent of the total
cost of such planning and design.
SEC. 570. DREDGED MATERIAL CONTAINMENT FACILITY FOR PORT OF PROVIDENCE,
RHODE ISLAND.
(a) In General.--The Secretary may construct, operate, and maintain
a dredged material containment facility with a capacity commensurate
with the long-term dredged material disposal needs of port facilities
under the jurisdiction of the Port of Providence, Rhode Island.
(b) Cost Sharing.--The costs associated with feasibility studies,
design, engineering, and construction shall be shared with the non-
Federal interest in accordance with section 101 of the Water Resources
Development Act of 1986 (33 U.S.C. 2211).
(c) Public Benefit.--After the facility constructed under subsection
(a) has been filled to capacity with dredged material, the Secretary
shall maintain the facility for the public benefit.
SEC. 571. QUONSET POINT-DAVISVILLE, RHODE ISLAND.
The Secretary shall replace the bulkhead between piers 1 and 2 at
the Quonset Point-Davisville Industrial Park, Rhode Island, at a total
cost of $1,350,000, with an estimated Federal cost of $1,012,500 and an
estimated non-Federal cost of $337,500. In conjunction with this
project, the Secretary shall install high mast lighting at pier 2 at a
total cost of $300,000, with an estimated Federal cost of $225,000 and
an estimated non-Federal cost of $75,000.
[[Page 110 STAT. 3789]]
SEC. 572. EAST RIDGE, TENNESSEE.
The Secretary shall conduct a limited reevaluation of the flood
management study for the East Ridge and Hamilton County area, Tennessee,
undertaken by the Tennessee Valley Authority and may carry out the
project at an estimated total cost of up to $25,000,000.
SEC. 573. MURFREESBORO, TENNESSEE.
The Secretary may carry out a project for environmental enhancement,
Murfreesboro, Tennessee, in accordance with the Report and Environmental
Assessment, Black Fox, Murfree and Oaklands Spring Wetlands,
Murfreesboro, Rutherford County, Tennessee, dated August 1994.
SEC. 574. TENNESSEE RIVER, HAMILTON COUNTY, TENNESSEE.
The Secretary shall conduct a study for a project for bank
stabilization, Tennessee River, Hamilton County, Tennessee, and, if the
Secretary determines that the project is feasible, may carry out the
project, at a maximum Federal cost of $7,500,000.
SEC. 575. HARRIS COUNTY, TEXAS.
(a) In General.--During any evaluation of economic benefits and
costs for projects set forth in subsection (b) that occurs after the
date of the enactment of this Act, the Secretary shall not consider
flood control works constructed by non-Federal interests within the
drainage area of such projects prior to the date of such evaluation in
the determination of conditions existing prior to construction of the
project.
(b) Specific Projects.--The projects to which subsection (a) apply
are--
(1) the project for flood control, Buffalo Bayou Basin,
Texas, authorized by section 203 of the Flood Control Act of
1954 (68 Stat. 1258);
(2) the project for flood control, Buffalo Bayou and
tributaries, Texas, authorized by section 101(a) of the Water
Resources Development Act of 1990 (104 Stat. 4610); and
(3) the project for flood control, Cypress Creek, Texas,
authorized by section 3(a)(13) of the Water Resources
Development Act of 1988 (102 Stat. 4014).
SEC. 576. NEABSCO CREEK, VIRGINIA.
The Secretary shall carry out a project for flood control, Neabsco
Creek Watershed, Prince William County, Virginia, at an estimated total
cost of $1,500,000.
SEC. 577. TANGIER ISLAND, VIRGINIA.
(a) In General.--The Secretary shall design and construct a
breakwater at the North Channel on Tangier Island, Virginia, at a total
cost of $1,200,000, with an estimated Federal cost of $900,000 and an
estimated non-Federal cost of $300,000.
(b) Cost-Benefit Ratio.--Congress finds that in view of the historic
preservation benefits resulting from the project authorized by this
section, the overall benefits of the project exceed the costs of the
project.
SEC. 578. PIERCE COUNTY, WASHINGTON.
(a) Provision of Technical Assistance.--The Secretary shall provide
technical assistance to Pierce County, Washington, to address measures
that are necessary to ensure that non-Federal
[[Page 110 STAT. 3790]]
levees are adequately maintained and satisfy eligibility criteria for
rehabilitation assistance under section 5 of the Act entitled ``An Act
authorizing the construction of certain public works on rivers and
harbors for flood control, and for other purposes'', approved August 18,
1941 (33 U.S.C. 701n; 55 Stat. 650).
(b) Purpose of Assistance.--The purpose of the assistance under this
section shall be to provide a review of the requirements of the Puyallup
Tribe of Indians Settlement Act of 1989 (25 U.S.C. 1773 et seq.; 103
Stat. 83) and standards for project maintenance and vegetation
management used by the Secretary in order to determine eligibility for
levee rehabilitation assistance and, if appropriate, to amend such
standards as needed to make non-Federal levees eligible for assistance
that may be necessary as a result of future flooding.
SEC. 579. GREENBRIER RIVER BASIN, WEST VIRGINIA, FLOOD PROTECTION.
(a) In General.--The Secretary may design and implement a flood
damage reduction program for the Greenbrier River Basin, West Virginia,
in the vicinity of Durbin, Cass, Marlinton, Renick, Ronceverte, and
Alderson as generally presented in the District Engineer's draft
Greenbrier River Basin Study Evaluation Report, dated July 1994, to the
extent provided under subsection (b) to afford such communities a level
of protection against flooding sufficient to reduce future losses to
such communities from the likelihood of flooding such as occurred in
November 1985, January 1996, and May 1996.
(b) Flood Protection Measures.--The flood damage reduction program
referred to in subsection (a) may include the following as the Chief of
Engineers determines necessary and advisable in consultation with the
communities referred to in subsection (a):
(1) Local protection projects such as levees, floodwalls,
channelization, small tributary stream impoundments, and
nonstructural measures such as individual floodproofing.
(2) Floodplain relocations and resettlement site
developments, floodplain evacuations, and a comprehensive river
corridor and watershed management plan generally in accordance
with the District Engineer's draft Greenbrier River Corridor
Management Plan, Concept Study, dated April 1996.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $12,000,000.
SEC. 580. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
The Secretary shall conduct a limited reevaluation of the watershed
plan and the environmental impact statement prepared for the Lower Mud
River, Milton, West Virginia, by the Natural Resources Conservation
Service pursuant to the Watershed Protection and Flood Prevention Act
(16 U.S.C. 1001 et seq.) and may carry out the project.
SEC. 581. WEST VIRGINIA AND PENNSYLVANIA FLOOD CONTROL.
(a) In General.--The Secretary may design and construct flood
control measures in the Cheat and Tygart River Basins, West Virginia,
and the Lower Allegheny, Lower Monongahela, West Branch Susquehanna, and
Juniata River Basins, Pennsylvania, at a level of protection sufficient
to prevent any future losses to these communities from flooding such as
occurred in January 1996, but no less than a 100-year level of flood
protection.
[[Page 110 STAT. 3791]]
(b) Priority Communities.--In carrying out this section, the
Secretary shall give priority to the communities of--
(1) Parsons and Rowlesburg, West Virginia, in the Cheat
River Basin;
(2) Bellington and Phillipi, West Virginia, in the Tygart
River Basin;
(3) Connellsville, Pennsylvania, in the Lower Monongahela
River Basin;
(4) Benson, Hooversville, Clymer, and New Bethlehem,
Pennsylvania, in the Lower Allegheny River Basin;
(5) Patton, Barnesboro, Coalport, and Spangler,
Pennsylvania, in the West Branch Susquehanna River Basin; and
(6) Bedford, Linds Crossings, and Logan Township in the
Juniata River Basin.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $12,000,000.
SEC. 582. <<NOTE: California.>> SITE DESIGNATION.
Section 102(c)(4) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is amended--
(1) by inserting after ``for a site'' the following:
``(other than the site located off the coast of Newport Beach,
California, which is known as `LA-3')''; and
(2) <<NOTE: Effective date.>> by adding at the end the
following: ``Beginning January 1, 2000, no permit for dumping
pursuant to this Act or authorization for dumping under section
103(e) shall be issued for the site located off the coast of
Newport Beach, California, which is known as `LA-3', unless such
site has received a final designation pursuant to this
subsection or an alternative site has been selected pursuant to
section 103(b).''.
SEC. 583. LONG ISLAND SOUND.
Section 119(e) of the Federal Water Pollution Control Act (33 U.S.C.
1269(e)) is amended by striking ``1996'' each place it appears and
inserting ``2001''.
SEC. 584. <<NOTE: Montana.>> WATER MONITORING STATION.
(a) Assistance.--The Secretary shall provide assistance to non-
Federal interests for reconstruction of the water monitoring station on
the North Fork of the Flathead River, Montana.
(b) Funding.--There is authorized to be appropriated to carry out
this section $50,000.
SEC. 585. <<NOTE: Rhode Island.>> OVERFLOW MANAGEMENT FACILITY.
(a) Assistance.--The Secretary shall provide assistance to the
Narragansett Bay Commission for the construction of a combined river
overflow management facility in Rhode Island.
(b) Funding.--There is authorized to be appropriated to carry out
this section $30,000,000.
SEC. 586. <<NOTE: 33 USC 1281 note.>> PRIVATIZATION OF INFRASTRUCTURE
ASSETS.
(a) In General.--Notwithstanding the provisions of title II of the
Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.), Executive
Order 12803, or any other law or authority, an entity that received
Federal grant assistance for an infrastructure asset under the Federal
Water Pollution Control Act shall not be required to repay any portion
of the grant upon the lease or concession of the asset only if--
[[Page 110 STAT. 3792]]
(1) ownership of the asset remains with the entity that
received the grant; and
(2) the Administrator of the Environmental Protection Agency
determines that the lease or concession furthers the purposes of
such Act and approves the lease or concession.
(b) Limitation.--The Administrator shall not approve a total of more
than 5 leases and concessions under this section.
TITLE VI--EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR MAINTENANCE
TRUST FUND
SEC. 601. EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR MAINTENANCE
TRUST FUND.
Paragraph (1) of section 9505(c) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 9505.>> (relating to expenditures from Harbor
Maintenance Trust Fund) is amended to read as follows:
``(1) to carry out section 210 of the Water Resources
Development Act of 1986 (as in effect on the date of the
enactment of the Water Resources Development Act of 1996),''.
Approved October 12, 1996.
LEGISLATIVE HISTORY--S. 640 (H.R. 3592):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 104-695 accompanying H.R. 3592 (Comm. on
Transportation and Infrastructure) and 104-843 (Comm. on Conference).
SENATE REPORTS: No. 104-170 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 142 (1996):
July 11, considered and passed Senate.
July 30, H.R. 3592 considered and passed House; S. 640,
amended, passed in lieu.
Sept. 26, House agreed to conference report.
Sept. 27, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Oct. 12, Presidential statement.
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