[Congressional Record Volume 142, Number 113 (Monday, July 29, 1996)]
[House]
[Pages H8635-H8667]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
AMENDMENTS
Under clause 6 of rule XXIII, proposed amendments were submitted as
follows:
H.R. 3592
Offered By: Mr. Shuster
(Amendment in the nature of a substitute)
Amendment No. 1: Strike all after the enacting clause and
insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 1996''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. 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.
Sec. 108. Project to mitigate shore damage.
TITLE II--GENERALLY APPLICABLE PROVISIONS
Sec. 201. Cost sharing for dredged material disposal areas.
Sec. 202. Flood control policy.
Sec. 203. Feasibility study cost-sharing.
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 of 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. Dam safety program.
Sec. 216. Maintenance, rehabilitation, and modernization of facilities.
Sec. 217. Long-term sediment management strategies.
Sec. 218. Dredged material disposal facility partnerships.
Sec. 219. Obstruction removal requirement.
Sec. 220. Small project authorizations.
Sec. 221. Uneconomical cost-sharing requirements.
Sec. 222. Planning assistance to States.
Sec. 223. Corps of Engineers expenses.
Sec. 224. State and Federal agency review period.
Sec. 225. Limitation on reimbursement of non-Federal costs per project.
Sec. 226. Aquatic plant control.
Sec. 227. Sediments decontamination technology.
Sec. 228. Shore protection.
Sec. 229. Project deauthorizations.
Sec. 230. Support of Army Civil Works Program.
Sec. 231. Benefits to navigation.
Sec. 232. Loss of life prevention.
Sec. 233. Scenic and aesthetic considerations.
Sec. 234. Removal of study prohibitions.
Sec. 235. Sense of Congress; requirement regarding notice.
Sec. 236. Reservoir Management Technical Advisory Committee.
Sec. 237. Technical corrections.
TITLE III--PROJECT MODIFICATIONS
Sec. 301. Mobile Harbor, Alabama.
Sec. 302. Alamo Dam, Arizona.
Sec. 303. Nogales Wash and Tributaries, Arizona.
Sec. 304. Phoenix, Arizona.
Sec. 305. San Francisco River at Clifton, Arizona.
Sec. 306. Channel Islands Harbor, California
Sec. 307. Glenn-Colusa, California.
Sec. 308. Los Angeles and Long Beach Harbors, San Pedro Bay,
California.
Sec. 309. Oakland Harbor, California.
Sec. 310. Queensway Bay, California.
Sec. 311. San Luis Rey, California.
Sec. 312. Thames River, Connecticut.
Sec. 313. Potomac River, Washington, District Of Columbia.
[[Page H8636]]
Sec. 314. Canaveral Harbor, Florida.
Sec. 315. Captiva Island, Florida.
Sec. 316. Central and southern Florida, Canal 51.
Sec. 317. Central and southern Florida, Canal 111 (C-111).
Sec. 318. Jacksonville Harbor (Mill Cove), Florida.
Sec. 319. Panama City Beaches, Florida.
Sec. 320. Tybee Island, Georgia.
Sec. 321. White River, Indiana.
Sec. 322. Chicago, Illinois.
Sec. 323. Chicago Lock and Thomas J. O'Brien Lock, Illinois.
Sec. 324. Kaskaskia River, Illinois.
Sec. 325. Locks and Dam 26, Alton, Illinois and Missouri.
Sec. 326. North Branch of Chicago River, Illinois.
Sec. 327. Illinois and Michigan Canal.
Sec. 328. Halstead, Kansas.
Sec. 329. Levisa and Tug Forks of the Big Sandy River and Cumberland
River, Kentucky, West Virginia, and Virginia.
Sec. 330. Prestonburg, Kentucky.
Sec. 331. Comite River, Louisiana.
Sec. 332. Grand Isle and vicinity, Louisiana.
Sec. 333. Lake Pontchartrain, Louisiana.
Sec. 334. Mississippi Delta Region, Louisiana.
Sec. 335. Mississippi River Outlets, Venice, Louisiana.
Sec. 336. Red River Waterway, Louisiana.
Sec. 337. Westwego to Harvey Canal, Louisiana.
Sec. 338. Tolchester Channel, Maryland.
Sec. 339. Saginaw River, Michigan.
Sec. 340. Sault Sainte Marie, Chippewa County, Michigan.
Sec. 341. Stillwater, Minnesota.
Sec. 342. Cape Girardeau, Missouri.
Sec. 343. New Madrid Harbor, Missouri.
Sec. 344. St. John's Bayou--New Madrid Floodway, Missouri.
Sec. 345. Joseph G. Minish Passaic River Park, New Jersey.
Sec. 346. Molly Ann's Brook, New Jersey.
Sec. 347. Passaic River, New Jersey.
Sec. 348. Ramapo River at Oakland, New Jersey and New York.
Sec. 349. Raritan Bay and Sandy Hook Bay, New Jersey.
Sec. 350. Arthur Kill, New York and New Jersey.
Sec. 351. Jones Inlet, New York.
Sec. 352. Kill Van Kull, New York and New Jersey.
Sec. 353. Wilmington Harbor-Northeast Cape Fear River, North Carolina.
Sec. 354. Garrison Dam, North Dakota.
Sec. 355. Reno Beach-Howards Farm, Ohio.
Sec. 356. Wister Lake, Oklahoma.
Sec. 357. Bonneville Lock and Dam, Columbia River, Oregon and
Washington.
Sec. 358. Columbia River dredging, Oregon and Washington.
Sec. 359. Grays Landing Lock and Dam, Monongahela River, Pennsylvania.
Sec. 360. Lackawanna River at Scranton, Pennsylvania.
Sec. 361. Mussers Dam, Middle Creek, Snyder County, Pennsylvania.
Sec. 362. Saw Mill Run, Pennsylvania.
Sec. 363. Schuylkill River, Pennsylvania.
Sec. 364. South Central Pennsylvania.
Sec. 365. Wyoming Valley, Pennsylvania.
Sec. 366. San Juan Harbor, Puerto Rico.
Sec. 367. Narragansett, Rhode Island.
Sec. 368. Charleston Harbor, South Carolina.
Sec. 369. Dallas Floodway Extension, Dallas, Texas.
Sec. 370. Upper Jordan River, Utah.
Sec. 371. Haysi Lake, Virginia.
Sec. 372. Rudee Inlet, Virginia Beach, Virginia.
Sec. 373. Virginia Beach, Virginia.
Sec. 374. East Waterway, Washington.
Sec. 375. Bluestone Lake, West Virginia.
Sec. 376. Moorefield, West Virginia.
Sec. 377. Southern West Virginia.
Sec. 378. West Virginia trail head facilities.
Sec. 379. Kickapoo River, Wisconsin.
Sec. 380. Teton County, Wyoming.
TITLE IV--STUDIES
Sec. 401. Corps capability study, Alaska.
Sec. 402. McDowell Mountain, Arizona.
Sec. 403. Nogales Wash and Tributaries, Arizona.
Sec. 404. Garden Grove, California.
Sec. 405. Mugu Lagoon, California.
Sec. 406. Santa Ynez, California.
Sec. 407. Southern California infrastructure.
Sec. 408. Yolo Bypass, Sacramento-San Joaquin Delta, California.
Sec. 409. Chain of Rocks Canal, Illinois.
Sec. 410. Quincy, Illinois.
Sec. 411. Springfield, Illinois.
Sec. 412. Beauty Creek Watershed, Valparaiso City, Porter County,
Indiana.
Sec. 413. Grand Calumet River, Hammond, Indiana.
Sec. 414. Indiana Harbor Canal, East Chicago, Lake County, Indiana.
Sec. 415. Koontz Lake, Indiana.
Sec. 416. Little Calumet River, Indiana.
Sec. 417. Tippecanoe River Watershed, Indiana.
Sec. 418. Calcasieu Ship Channel, Hackberry, Louisiana.
Sec. 419. Huron River, Michigan.
Sec. 420. Saco River, New Hampshire.
Sec. 421. Buffalo River Greenway, New York.
Sec. 422. Port of Newburgh, New York.
Sec. 423. Port of New York-New Jersey sediment study.
Sec. 424. Port of New York-New Jersey navigation study.
Sec. 425. Chagrin River, Ohio.
Sec. 426. Cuyahoga River, Ohio.
Sec. 427. Charleston, South Carolina, estuary.
Sec. 428. Mustang Island, Corpus Christi, Texas.
Sec. 429. Prince William County, Virginia.
Sec. 430. Pacific region.
Sec. 431. Financing of infrastructure needs of small and medium ports.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Project deauthorizations.
Sec. 502. Project reauthorizations.
Sec. 503. Continuation of authorization of certain projects.
Sec. 504. Land conveyances.
Sec. 505. Namings.
Sec. 506. Watershed management, restoration, and development.
Sec. 507. Lakes program.
Sec. 508. Maintenance of navigation channels.
Sec. 509. Great Lakes remedial action plans and sediment remediation.
Sec. 510. Great Lakes dredged material testing and evaluation manual.
Sec. 511. Great Lakes sediment reduction.
Sec. 512. Great Lakes confined disposal facilities.
Sec. 513. Chesapeake Bay restoration and protection program.
Sec. 514. Extension of jurisdiction of Mississippi River Commission.
Sec. 515. Alternative to annual passes.
Sec. 516. Recreation partnership initiative.
Sec. 517. Environmental infrastructure.
Sec. 518. Corps capability to conserve fish and wildlife.
Sec. 519. Periodic beach nourishment.
Sec. 520. Control of aquatic plants.
Sec. 521. Hopper dredges.
Sec. 522. Design and construction assistance.
Sec. 523. Field office headquarters facilities.
Sec. 524. Corps of Engineers restructuring plan.
Sec. 525. Lake Superior Center.
Sec. 526. Jackson County, Alabama.
Sec. 527. Earthquake Preparedness Center of Expertise Extension.
Sec. 528. Quarantine facility.
Sec. 529. Benton and Washington Counties, Arkansas.
Sec. 530. Calaveras County, California.
Sec. 531. Farmington Dam, California.
Sec. 532. Prado Dam safety improvements, California.
Sec. 533. Los Angeles County Drainage Area, California.
Sec. 534. Seven Oaks Dam, California.
Sec. 535. Manatee County, Florida.
Sec. 536. Tampa, Florida.
Sec. 537. Watershed management plan for Deep River Basin, Indiana.
Sec. 538. Southern and eastern Kentucky.
Sec. 539. Louisiana coastal wetlands restoration projects.
Sec. 540. Southeast Louisiana.
Sec. 541. Restoration projects for Maryland, Pennsylvania, and West
Virginia.
Sec. 542. Cumberland, Maryland.
Sec. 543. Beneficial use of dredged material, Poplar Island, Maryland.
Sec. 544. Erosion control measures, Smith Island, Maryland.
Sec. 545. Duluth, Minnesota, alternative technology project.
Sec. 546. Redwood River Basin, Minnesota.
Sec. 547. Natchez Bluffs, Mississippi.
Sec. 548. Sardis Lake, Mississippi.
Sec. 549. Missouri River management.
Sec. 550. St. Charles County, Missouri, flood protection.
Sec. 551. Durham, New Hampshire.
Sec. 552. Hackensack Meadowlands area, New Jersey.
Sec. 553. Authorization of dredge material containment facility for
Port of New York/New Jersey.
Sec. 554. Hudson River habitat restoration, New York.
Sec. 555. Queens County, New York.
Sec. 556. New York Bight and Harbor study.
Sec. 557. New York State Canal System.
Sec. 558. New York City Watershed.
Sec. 559. Ohio River Greenway.
Sec. 560. Northeastern Ohio.
Sec. 561. Grand Lake, Oklahoma.
Sec. 562. Broad Top region of Pennsylvania.
Sec. 563. Curwensville Lake, Pennsylvania.
Sec. 564. Hopper Dredge McFarland.
Sec. 565. Philadelphia, Pennsylvania.
Sec. 566. Upper Susquehanna River Basin, Pennsylvania and New York.
Sec. 567. Seven Points Visitors Center, Raystown Lake, Pennsylvania.
Sec. 568. Southeastern Pennsylvania.
Sec. 569. Wills Creek, Hyndman, Pennsylvania.
Sec. 570. Blackstone River Valley, Rhode Island and Massachusetts.
Sec. 571. East Ridge, Tennessee.
Sec. 572. Murfreesboro, Tennessee.
Sec. 573. Buffalo Bayou, Texas.
Sec. 574. Harris County, Texas.
Sec. 575. San Antonio River, Texas.
Sec. 576. Neabsco Creek, Virginia.
Sec. 577. Tangier Island, Virginia.
Sec. 578. Pierce County, Washington.
Sec. 579. Washington Aqueduct.
Sec. 580. Greenbrier River Basin, West Virginia, flood protection.
Sec. 581. Huntington, West Virginia.
Sec. 582. Lower Mud River, Milton, West Virginia.
Sec. 583. West Virginia and Pennsylvania flood control.
Sec. 584. Evaluation of beach material.
Sec. 585. National Center for Nanofabrication and Molecular Self-
Assembly.
Sec. 586. Sense of Congress regarding St. Lawrence Seaway tolls.
Sec. 587. Prado Dam, California.
[[Page H8637]]
TITLE VI--EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR MAINTENANCE
TRUST FUND
SEC. 2. DEFINITION.
For purposes of 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 section, the following projects for water resources
development and conservation and other purposes are
authorized to be carried out by the Secretary substantially
in accordance with the plans, and subject to the conditions,
described in the respective reports designated in this
section:
(1) American river watershed, california.--
(A) In general.--The project for flood damage reduction,
American and Sacramento Rivers, California: Supplemental
Information Report for the American River Watershed Project,
California, dated March 1996, at a total cost of $57,300,000,
with an estimated Federal cost of $42,975,000 and an
estimated non-Federal cost of $14,325,000, consisting of the
following:
(i) Approximately 24 miles of slurry wall in the existing
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 gages upstream from the Folsom
Reservoir.
(iv) Modifications to the existing flood warning system
along the lower American River.
(B) Credit toward non-federal share.--The non-Federal
sponsor shall receive credit toward the non-Federal share of
the cost of the project for expenses that the sponsor has
incurred for design and construction of any of the features
authorized pursuant to this paragraph prior to the date on
which Federal funds are appropriated for construction of the
project. The amount of the credit shall be determined by the
Secretary.
(C) Operation of folsom dam.--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 as an interim measure and extend the agreement
between the Bureau of Reclamation and the Sacramento Area
Flood Control Agency until such date as a comprehensive flood
control plan for the American River Watershed has been
implemented.
(D) Responsibility of non-federal sponsor.--The non-Federal
sponsor shall be responsible for all operation, maintenance,
repair, replacement, and rehabilitation costs associated with
the improvements undertaken pursuant to this paragraph, as
well as for 25 percent of the costs for the variable flood
control operation of the Folsom Dam and Reservoir (including
any incremental power and water purchase costs incurred by
the Western Area Power Administration or the Bureau of
Reclamation and any direction, capital, and operation and
maintenance costs borne by either of such agencies).
Notwithstanding any contract or other agreement, the
remaining 75 percent of the costs for the variable flood
control operation of the Folsom Dam and Reservoir shall be
the responsibility of the United States and shall be
nonreimbursable.
(2) San lorenzo river, santa cruz, california.--The project
for flood control, San Lorenzo River, Santa Cruz, 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.
(3) 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.
(4) Santa monica breakwater, california.--The project for
navigation 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.
(5) Marin county shoreline, san rafael, california.--The
project for 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.
(6) 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.
(7) 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.
(8) 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 must assume ownership of the bridge.
(9) 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.
(10) 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.
(11) 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.
(12) 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.
(13) Port fourchon, lafourche parish, louisiana.--A project
for navigation, Belle Pass and Bayou Lafourche, Louisiana:
Report of the Chief of Engineers, dated April 7, 1995, 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.
(14) 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.
(15) 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.
(16) 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.
(17) Long beach island, new york.--The project for storm
damage reduction, Long Beach Island, New York: Report of the
Chief of Engineers, dated April 5, 1996, at a total cost of
$72,090,000, with an estimated Federal cost of $46,858,000
and an estimated non-Federal cost of $25,232,000.
(18) 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 $15,032,000
and an estimated non-Federal cost of $8,921,000.
(19) 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.
(20) 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 cost of $38,000,000, with an estimated
Federal cost of $38,000,000.
(21) 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 cost
of $19,951,000, with an estimated Federal cost of $10,557,000
and an estimated non-Federal cost of $9,394,000.
[[Page H8638]]
(22) 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 $72,798,000 and an estimated non-Federal cost
of $43,841,000.
(23) 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.
(24) Watertown, south dakota.--The project for flood
control, Watertown and Vicinity, South Dakota: Report of the
Chief of Engineers, dated August 31, 1994, at a total cost of
$18,000,000, with an estimated Federal cost of $13,200,000
and an estimated non-Federal cost of $4,800,000.
(25) 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.
(26) 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 initial
construction cost of $292,797,000, with an estimated Federal
cost of $210,891,000 and an estimated non-Federal cost of
$81,906,000. The project shall include deferred construction
of additional environmental restoration features over the
life of the project, at a total average annual cost of
$786,000, with an estimated Federal cost of $590,000 and an
estimated non-Federal cost of $196,000. The construction of
berthing areas and 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.
(27) 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. In conducting any real estate acquisition activities
with respect to the project, the Secretary shall give
priority consideration to those individuals who would be
directly affected by any physical displacement due to project
design and shall consider the financial circumstances of such
individuals. The Secretary shall proceed with real estate
acquisition in connection with the project expeditiously.
(b) Projects With Pending Chief's Reports.--The following
projects are authorized to be carried out by the Secretary
substantially in accordance with a final report of the Chief
of Engineers if such report is completed not later than
December 31, 1996:
(1) Chignik, alaska.--The project for navigation, Chignik,
Alaska, at a total cost of $10,365,000, with an estimated
Federal cost of $4,344,000 and an estimated non-Federal cost
of $6,021,000.
(2) Cook inlet, alaska.--The project for navigation, Cook
Inlet, Alaska, at a total cost of $5,342,000, with an
estimated Federal cost of $4,006,000 and an estimated non-
Federal cost of $1,336,000.
(3) St. paul island harbor, st. paul, alaska.--The project
for navigation, St. Paul Harbor, St. Paul, Alaska, with an
estimated total cost of $18,981,000, with an estimated
Federal cost of $12,188,000 and an estimated non-Federal cost
of $6,793,000.
(4) Norco bluffs, riverside county, california.--A project
for bluff stabilization, Norco Bluffs, Riverside County,
California, with an estimated 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) Port of long beach (deepening), california.--The
project for navigation, Port of Long Beach (Deepening),
California, 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.
(6) Terminus dam, kaweah river, california.--The project
for flood damage reduction and water supply, Terminus Dam,
Kaweah River, California, at a total estimated cost of
$34,500,000, with an estimated Federal cost of $20,200,000
and an estimated non-Federal cost of $14,300,000.
(7) Rehoboth beach and dewey beach, delaware.--A 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 first Federal cost of
$6,125,000, and an estimated first non-Federal cost of
$3,298,000, and an 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.
(8) Brevard county, florida.--The project for shoreline
protection, Brevard County, Florida, at a total first cost of
$76,620,000, with an estimated first Federal cost of
$36,006,000, and an estimated first non-Federal cost of
$40,614,000, and an 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.
(9) Miami harbor channel, florida.--The project for
navigation, Miami Harbor Channel, Miami, Florida, with an
estimated 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) North 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, with an
estimated Federal cost of $1,762,000 and an estimated non-
Federal cost of $2,153,000.
(11) Lower savannah river basin, savannah river, georgia
and south carolina.--The project for navigation and related
purposes, Lower Savannah River Basin, Savannah River, Georgia
and South Carolina, at a total cost of $3,419,000, with an
estimated Federal cost of $2,551,000, and an estimated non-
Federal cost of $868,000.
(12) 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.
(13) Cape fear river, north carolina.--The project for
navigation, Cape Fear River deepening, North Carolina, at a
total cost of $210,264,000, with an estimated Federal cost of
$130,159,000, and an estimated non-Federal cost of
$80,105,000.
SEC. 102. SMALL FLOOD CONTROL PROJECTS.
(a) Project Descriptions.--The Secretary shall conduct a
study for each of the following projects and, if the
Secretary determines that the project is feasible, shall
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, demanade park, lafayette,
louisiana.--Project for nonstructural flood control,
Vermillion River, Demanade 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),
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) Buffalo creek, erie county, new york.--Project for
flood control, Buffalo Creek, Erie County, New York.
(15) Cazenovia creek, erie county, new york.--Project for
flood control, Cazenovia Creek, Erie County, New York.
(16) Cheektowaga, erie county, new york.--Project for flood
control, Cheektowaga, Erie County, New York.
(17) Fulmer creek, village of mohawk, new york.--Project
for flood control, Fulmer Creek, Village of Mohawk, New York.
(18) Moyer creek, village of frankfort, new york.--Project
for flood control, Moyer Creek, Village of Frankfort, New
York.
[[Page H8639]]
(19) Sauquoit creek, whitesboro, new york.--Project for
flood control, Sauquoit Creek, Whitesboro, New York.
(20) Steele creek, village of ilion, new york.--Project for
flood control, Steele Creek, Village of Ilion, New York.
(21) Willamette river, oregon.--Project for nonstructural
flood control, Willamette River, Oregon, including floodplain
and ecosystem restoration.
(22) Greenbrier river basin, west virginia.--Project for
flood control, consisting of an early flood warning system,
Greenbrier River Basin, West Virginia.
(b) Cost Allocations.--
(1) Lake elsinore, california.--The maximum amount of
Federal funds that may be allotted under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s) for the project
for flood control, Lake Elsinore, Riverside County,
California, shall be $7,500,000.
(2) Lost creek, columbus, nebraska.--The maximum amount of
Federal funds that may be allotted under such section 205 for
the project for flood control, Lost Creek, Columbus,
Nebraska, shall be $5,500,000.
(3) Revision of project cooperation agreement.--The
Secretary shall revise the project cooperation agreement for
the projects referred to in paragraphs (1) and (2) in order
to take into account the change in the Federal participation
in such projects pursuant to such paragraphs.
(4) Cost sharing.--Nothing in this subsection shall be
construed to affect any cost-sharing requirement applicable
to the project referred to in paragraph (1) under the Water
Resources Development Act of 1986.
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, shall 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.
(4) Tennessee river, hamilton county, tennessee.--Project
for bank stabilization, Tennessee River, Hamilton County,
Tennessee; except that the maximum amount of Federal funds
that may be allotted for the project shall be $7,500,000.
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, shall 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) Grand marais harbor breakwater, michigan.--Project for
navigation, Grand Marais Harbor breakwater, Michigan.
(3) Duluth, minnesota.--Project for navigation, Duluth,
Minnesota.
(4) Taconite, minnesota.--Project for navigation, Taconite,
Minnesota.
(5) Two harbors, minnesota.--Project for navigation, Two
Harbors, Minnesota.
(6) Caruthersville harbor, pemiscot county, missouri.--
Project for navigation, Caruthersville Harbor, Pemiscot
County, Missouri, including enlargement of the existing
harbor and bank stabilization measures.
(7) New madrid county harbor, missouri.--Project for
navigation, New Madrid County Harbor, Missouri, including
enlargement of the existing harbor and bank stabilization
measures.
(8) 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.
(9) Buffalo inner harbor, buffalo, new york.--Project for
navigation, Buffalo Inner Harbor, Buffalo, New York.
(10) Glenn cove creek, new york.--Project for navigation,
Glenn Cove Creek, New York, including bulkheading.
(11) 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.
(a) Project Authorizations.--The Secretary shall conduct a
study for each of the following projects, and if the
Secretary determines that the project is feasible, shall
carry out the project under section 3 of the Shoreline
Protection Act of August 13, 1946 (33 U.S.C. 426g):
(1) Faulkner's island, connecticut.--Project for shoreline
protection, Faulkner's Island, Connecticut; except that the
maximum amount of Federal funds that may be allotted for the
project shall be $4,500,000.
(2) Fort pierce, florida.--Project for 1 mile of additional
shoreline protection, Fort Pierce, Florida.
(3) Orchard beach, bronx, new york.--Project for shoreline
protection, Orchard Beach, Bronx, New York, New York; except
that the maximum amount of Federal funds that may be allotted
for the project shall be $5,200,000.
(4) Sylvan beach breakwater, verona, oneida county, new
york.--Project for shoreline protection, Sylvan Beach
breakwater, Verona, Oneida County, New York.
(b) Cost Sharing Agreement.--In carrying out the project
authorized by subsection (a)(1), the Secretary shall enter
into an agreement with the property owner to determine the
allocation of the project costs.
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 shall carry out the
project under section 3 of the River and Harbor Act of 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 appropriate, shall carry out the project under
section 1135(a) of the Water Resources Development Act of
1986 (33 U.S.C. 2309(a)):
(1) 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.
(2) San lorenzo river, california.--Project for habitat
restoration, San Lorenzo River, California.
(3) Whittier narrows dam, california.--Project for
environmental restoration and remediation of contaminated
water sources, Whittier Narrows Dam, California.
(4) Upper jordan river, salt lake county, utah.--Project
for channel restoration and environmental improvement, Upper
Jordan River, Salt Lake County, Utah.
SEC. 108. 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 project for
shoreline restoration under section 111 of the River and
Harbor Act of 1968 (82 Stat. 735); except that the maximum
amount of Federal funds that may be allotted by the Secretary
for the project shall be $35,000,000. In carrying out the
project, 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.
TITLE II--GENERALLY APPLICABLE 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) by striking the last sentence of paragraph (2) 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.--For purposes of 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'';
(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 thereof 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
[[Page H8640]]
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 to perform''.
(d) Consideration of Funding Requirements and Equitable
Apportionment.--Section 101 of such Act (33 U.S.C. 2211; 100
Stat. 4082-4084) is further 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 necessary for operation and maintenance
dredging of commercial navigation harbors is provided before
Federal funds are obligated for payment of the Federal share
of costs associated with construction of dredged material
disposal facilities in accordance with subsections (a) and
(b);
``(2) funds expended for such construction are equitably
apportioned in accordance with regional needs; and
``(3) the Secretary's participation in the construction of
dredged material disposal facilities does not result in
unfair competition with potential private sector providers of
such facilities.''.
(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 which are in or which
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,''.
(f) 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
such date of enactment.
(g) 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) any dredged material disposal facility authorized
before the date of the enactment of this Act, including any
facility authorized by section 123 of the River and Harbor
Act of 1970 (84 Stat. 1823); or
(2) any dredged material disposal facility that is
necessary for the construction or maintenance of a project
authorized before the date of the enactment of this Act.
SEC. 202. FLOOD CONTROL POLICY.
(a) Flood Control Cost Sharing.--
(1) Increased non-federal contributions.--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''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply to any project authorized after the date of the
enactment of this Act and to any flood control project which
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.
(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 any 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 6 months after the date of
such enactment to reflect the requirements of paragraph (3).
``(3) Revision of procedures.--In revising procedures
pursuant to paragraph (1), 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 shall reduce or eliminate 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 procedures in effect under
paragraphs (1), (2), and (3).''.
(2) 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 have not entered into
a project cooperation agreement on or before the date of the
enactment of this Act.
(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) Flood Plain 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. FLOOD PLAIN MANAGEMENT REQUIREMENTS.
``(a) Compliance With Flood Plain Management and Insurance
Programs.--Before construction of any project for local flood
protection or any project for hurricane or storm damage
reduction and involving Federal assistance from the
Secretary, the non-Federal interest shall agree to
participate in and comply with applicable Federal flood plain
management and flood insurance programs.
``(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 flood plain 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
flood plain values.
``(2) Limitation on statutory construction.--Nothing in
this subsection shall be construed to confer any regulatory
authority upon the Secretary.
``(d) Technical Support.--The Secretary is authorized to
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) 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) Non-Structural 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 non-structural 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 on 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''.
[[Page H8641]]
(f) Nonstructural Alternatives.--Section 73 of the Water
Resources Development Act of 1974 (33 U.S.C. 701b-11; 88
Stat. 32) is amended by striking subsection (a) and inserting
the following:
``(a) In the survey, planning, or design by any Federal
agency of any project involving flood protection, such
agency, with a view toward formulating the most economically,
socially, and environmentally acceptable means of reducing or
preventing flood damages, shall consider and address in
adequate detail nonstructural alternatives, including
measures that may be implemented by others, to prevent or
reduce flood damages. Such alternatives may include watershed
management, wetlands restoration, elevation or flood proofing
of structures, floodplain regulation, relocation, and
acquisition of floodplain lands for recreational, fish and
wildlife, and other public purposes.''.
SEC. 203. FEASIBILITY STUDY COST-SHARING.
(a) Non-Federal Share.--Section 105(a)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2215(a)(1)) is
amended--
(1) in the first sentence, by striking ``during the period
of such study'';
(2) by inserting after the first sentence the following:
``During the period of the study, the non-Federal share of
the cost of the study shall be not more than 50 percent of
the estimate of the cost of the study as contained in the
feasibility cost-sharing agreement. The cost estimate may
be amended only by mutual agreement of the Secretary and
the non-Federal interests. The non-Federal share of any
costs in excess of the cost estimate shall, except as
otherwise mutually agreed by the Secretary and the non-
Federal interests, be payable after the project has been
authorized for construction and on the date on which the
Secretary and non-Federal interests enter into an
agreement pursuant to section 101(e) or 103(j). In the
event the project which is the subject of the study is not
authorized within the earlier of 5 years of the date of
the final report of the Chief of Engineers concerning such
study or 2 years of the date of termination of the study,
the non-Federal share of any such excess costs shall be
paid to the United States on the last day of such
period.''; and
(3) in the second sentence, by striking ``such non-Federal
contribution'' and inserting ``the non-Federal share required
under this paragraph''.
(b) Applicability.--The amendments made by subsection (a)
shall apply notwithstanding any feasibility cost-sharing
agreement entered into by the Secretary and non-Federal
interests. Upon request of the non-Federal interest, the
Secretary shall amend any feasibility cost-sharing agreements
in effect on the date of enactment of this Act so as to
conform the agreements with the amendments.
(c) Limitation on Statutory Construction.--Nothing in this
section or any amendment made by this section shall require
the Secretary to reimburse the non-Federal interests for
funds previously contributed for a study.
SEC. 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 of subsection (b).
(c) Restoration of Environmental Quality.--Section 1135 of
such Act is further amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (b) the following new
subsections:
``(c) Restoration of Environmental Quality.--If the
Secretary determines that construction of a water resource
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, either through
modifications at the project site or at other locations that
have been affected by the construction 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) of this section 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. No 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 is further
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
(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)(1) by inserting ``and remediation''
after ``removal'' each place it appears;
(3) in subsection (b)(2) by striking ``$10,000,000'' and
inserting ``$30,000,000''; and
(4) by striking subsection (f) and inserting the following:
``(f) 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. AQUATIC ECOSYSTEM RESTORATION.
(a) General Authority.--The Secretary is authorized to
carry out aquatic ecosystem restoration and protection
projects when the Secretary determines that such projects
will improve the quality of the environment and are in the
public interest and that the environmental and economic
benefits, both monetary and nonmonetary, of the project to be
undertaken pursuant to this section justify the cost.
(b) Cost Sharing.--Non-Federal interests shall provide 50
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 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 not to
exceed $25,000,000 annually to carry out this section.
SEC. 207. BENEFICIAL USES OF DREDGED MATERIAL.
Section 204 of the Water Resources Development Act of 1992
(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 minimal and that the benefits to the
aquatic environment to be derived from such disposal method,
including the creation of wetlands and control of shoreline
erosion, justify its selection. The Federal share of such
incremental costs shall be determined in accordance with
subsection (c).''.
SEC. 208. RECREATION POLICY AND USER FEES.
(a) Recreation Policies.--
(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) Recreation User Fees.--Section 210(b) of the Flood
Control Act of 1968 (16 U.S.C. 460d-3(b)) is amended by
adding at the end the following:
``(5) Use of fees collected at facility.--Subject to
advance appropriations, the Secretary of the Army shall
ensure that at least an amount equal to the total amount of
fees collected at any project under this subsection in a
fiscal year beginning after September 30, 1996, are expended
in the succeeding fiscal year at such project for operation
and maintenance of recreational facilities at such
project.''.
SEC. 209. 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 Army Civil Works program and any
other amounts recovered by the Secretary from a contractor,
insurer, surety, or other person to reimburse 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 OF ENVIRONMENTAL PROJECTS.
(a) In General.--Section 103(c) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(c)) is amended--
[[Page H8642]]
(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 new
paragraph:
``(7) subject to section 906 of this Act, environmental
protection and restoration: 50 percent.''.
(b) Applicability.--The amendments made by subsection (a)
apply only to projects authorized after the date of the
enactment of this Act.
SEC. 211. 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 furnish the United States funds for the studies
and design activities during the period that 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 is authorized to complete and
transmit to the appropriate non-Federal interests the study
or design documents or, upon the request of such non-Federal
interests, to 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 which has
received from the Secretary pursuant to subsection (b) or (c)
a favorable recommendation to carry out a flood control
project or separable element thereof 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 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
and 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 appropriation Acts, the
Secretary is authorized to 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 thereof, 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 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 deems 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 in order 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.--No reimbursement shall
be made under this section unless and until the Secretary has
certified 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) 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.
(6) 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.
(7) 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 element of the Atchafalaya
Basin feature of the project for flood control, Mississippi
River and Tributaries.
SEC. 212. 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 which 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 $3,000,000 for
each fiscal year beginning after September 30, 1996.
(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. 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 (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 the purposes of this section.''.
(b) Pre-Agreement Temporary Protection of Technology.--Such
section 7 is further amended--
(1) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively;
[[Page H8643]]
(2) by inserting after subsection (a) the following new
subsection:
``(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, 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
which 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. DAM SAFETY PROGRAM.
(a) Short Title.--This section may be cited as the
``National Dam Safety Program Act of 1996''.
(b) Findings.--Congress finds the following:
(1) Dams are an essential part of the national
infrastructure. Dams fail from time to time with catastrophic
results; thus, dam safety is a vital public concern.
(2) Dam failures have caused, and can cause in the future,
enormous loss of life, injury, destruction of property, and
economic and social disruption.
(3) Some dams are at or near the end of their structural,
useful, or operational life. With respect to future dam
failures, the loss, destruction, and disruption can be
substantially reduced through the development and
implementation of dam safety hazard reduction measures,
including--
(A) improved design and construction standards and
practices supported by a national dam performance resource
bank;
(B) safe operations and maintenance procedures;
(C) early warning systems;
(D) coordinated emergency preparedness plans; and
(E) public awareness and involvement programs.
(4) Dam safety problems persist nationwide. The diversity
in Federal and State dam safety programs calls for national
leadership in a cooperative effort involving Federal and
State governments and the private sector. An expertly staffed
and adequately financed dam safety hazard reduction program,
based on Federal, State, local, and private research,
planning, decisionmaking, and contributions, would reduce the
risk of such loss, destruction, and disruption from dam
failure by an amount far greater than the cost of such
program.
(5) There is a fundamental need for a national dam safety
program and the need will continue. An effective national
program in dam safety hazards reduction will require input
from and review by Federal and non-Federal experts in dams
design, construction, operation, and maintenance and in the
practical application of dam failure hazards reduction
measures. At the present time, there is no national dam
safety program.
(6) The coordinating authority for national leadership is
provided through the Federal Emergency Management Agency's
(hereinafter in this section referred to as ``FEMA'') dam
safety program through Executive Order 12148 in coordination
with appropriate Federal agencies and the States.
(7) While FEMA's dam safety program shall continue as a
proper Federal undertaking and shall provide the foundation
for a National Dam Safety Program, statutory authority to
meet increasing needs and to discharge Federal
responsibilities in national dam safety is needed.
(8) Statutory authority will strengthen FEMA's leadership
role, will codify the national dam safety program, and will
authorize the Director of FEMA (hereinafter in this section
referred to as the ``Director'') to communicate directly with
Congress on authorizations and appropriations and to build
upon the hazard reduction aspects of national dam safety.
(c) Purpose.--It is the purpose of this section 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 which will bring
together the Federal and non-Federal communities' expertise
and resources to achieve national dam safety hazard
reduction. It is not the intent of this section to preempt
any other Federal or State authorities nor is the intent of
this section to mandate State participation in the grant
assistance program to be established under this section.
(d) Definitions.--In this section, the following
definitions apply:
(1) Federal agency.--The term ``Federal agency'' means any
Federal agency that designs, finances, constructs, owns,
operates, maintains, or regulates the construction,
operation, or maintenance of any dam.
(2) Non-federal agency.--The term ``non-Federal agency''
means any State agency that has regulatory authority over the
safety of non-Federal dams.
(3) Federal guidelines for dam safety.--The term ``Federal
Guidelines for Dam Safety'' refers to a FEMA publication
number 93, dated June 1979, which defines management
practices for dam safety at all Federal agencies.
(4) Program.--The term ``program'' means the national dam
safety program established under subsection (e).
(5) Dam.--The term ``dam'' means any artificial barrier
with the ability to impound water, wastewater, or liquid-
borne materials for the purpose of storage or control of
water which is--
(A) 25 feet or more in height from (i) the natural bed of
the stream or watercourse measured at the downstream toe of
the barrier, or (ii) from the lowest elevation of the outside
limit of the barrier if the barrier is not across a stream
channel or watercourse, to the maximum water storage
elevation; or
(B) has an impounding capacity for maximum storage
elevation of 50 acre-feet or more.
Such term does not include any such barrier which is not
greater than 6 feet in height regardless of storage capacity
or which has a storage capacity at maximum water storage
elevation not greater than 15 acre-feet regardless of height,
unless such barrier, due to its location or other physical
characteristics, is likely to pose a significant threat to
human life or property in the event of its failure. Such term
does not include a levee.
(6) Hazard reduction.--The term ``hazard reduction'' means
those efforts utilized to reduce the potential consequences
of dam failure to life and property.
(7) State.--The term ``State'' means each of the 50 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.
(8) Participating state.--The term ``participating State''
means any State that elects to participate in the grant
assistance program established under this Act.
(9) United states.--The term ``United States'' means, when
used in a geographical sense, all of the States.
(10) Model state dam safety program.--The term ``Model
State Dam Safety Program'' refers to a document, published by
FEMA (No. 123, dated April 1987) and its amendments,
developed by State dam safety officials, which acts as a
guideline to State dam safety agencies for establishing a dam
safety regulatory program or improving an already-established
program.
(e) National Dam Safety Program.--
(1) Authority.--The Director, in consultation with
appropriate Federal agencies, State dam safety agencies, and
the National Dam Safety Review Board established by paragraph
(5)(C), shall establish and maintain, in accordance with the
provisions and policies of this Act, a coordinated national
dam safety program. This program shall--
(A) be administered by FEMA to achieve the objectives set
forth in paragraph (3);
(B) involve, where appropriate, the Departments of
Agriculture, Defense, Energy, Interior, and Labor, the
Federal Energy Regulatory Commission, the Nuclear Regulatory
Commission, the International Boundaries Commission (United
States section), the Tennessee Valley Authority, and FEMA;
and
(C) include each of the components described in paragraph
(4), the implementation plan described in paragraph (5), and
the assistance for State dam safety programs to be provided
under this section.
(2) Duties.--The Director--
(A) within 270 days after the date of the enactment of this
Act, shall develop the implementation plan described in
paragraph (5);
(B) within 300 days after such date of enactment, shall
submit to the appropriate authorizing committees of Congress
the implementation plan described in paragraph (5); and
(C) by rule within 360 days after such date of enactment--
(i) shall develop and implement the national dam safety
program under this section;
(ii) shall establish goals, priorities, and target dates
for implementation of the program; and
(iii) shall provide a method for cooperation and
coordination with, and assistance to (as feasible),
interested governmental entities in all States.
(3) Objectives.--The objectives of the national dam safety
program are as follows:
(A) To 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.
(B) To encourage acceptable engineering policies and
procedures used for dam site investigation, design,
construction, operation and maintenance, and emergency
preparedness.
(C) To encourage establishment and implementation of
effective dam safety programs in each participating State
based on State standards.
[[Page H8644]]
(D) To develop and encourage public awareness projects to
increase public acceptance and support of State dam safety
programs.
(E) To develop technical assistance materials for Federal
and non-Federal dam safety programs.
(F) To develop mechanisms with which to provide Federal
technical assistance for dam safety to the non-Federal
sector.
(4) Components.--
(A) In general.--The national dam safety program shall
consist of a Federal element and a non-Federal element and 3
functional activities: leadership, technical assistance, and
public awareness.
(B) Elements.--
(i) Federal element.--The Federal element of the program
incorporates all the activities and practices undertaken by
Federal agencies to implement the Federal Guidelines for Dam
Safety.
(ii) Non-federal element.--The non-Federal element of the
program involves the activities and practices undertaken by
participating States, local governments, and the private
sector to safely build, regulate, operate, and maintain dams
and Federal activities which foster State efforts to develop
and implement effective programs for the safety of dams.
(C) Activities.--
(i) Leadership activity.--The leadership activity of the
program shall be the responsibility of FEMA. FEMA shall
coordinate Federal efforts in cooperation with appropriate
Federal agencies and State dam safety agencies.
(ii) Technical assistance activity.--The technical
assistance activity of the program involves the transfer of
knowledge and technical information among the Federal and
non-Federal elements.
(iii) Public awareness activity.--The public awareness
activity provides for the education of the public, including
State and local officials, to the hazards of dam failure and
ways to reduce the adverse consequences of dam failure and
related matters.
(5) Grant assistance program.--The Director shall develop
an implementation plan which shall demonstrate dam safety
improvements through fiscal year 2001 and shall recommend
appropriate roles for Federal agencies and for State and
local units of government, individuals, and private
organizations. The implementation plan shall provide, at a
minimum, for the following:
(A) Assistance program.--In order to encourage the
establishment and maintenance of effective programs intended
to ensure dam safety to protect human life and property and
to improve such existing programs, the Director shall
provide, from amounts made available under subsection (g) of
this section, assistance to participating States to establish
and maintain dam safety programs, first, according to the
basic provisions for a dam safety program listed below and,
second, according to more advanced requirements and standards
authorized by the review board under subparagraph (C) and the
Director with the assistance of established criteria such as
the Model State Dam Safety Program. Participating State dam
safety programs must be working toward meeting the following
primary criteria to be eligible for primary assistance or
must meet the following primary criteria prior to working
toward advanced assistance:
(i) State legislation.--A dam safety program must be
authorized by State legislation to include, at a minimum, the
following:
(I) Plan review and approval.--Authority to review and
approve plans and specifications to construct, enlarge,
modify, remove, or abandon dams.
(II) Periodic inspections during construction.--Authority
to perform periodic inspections during construction for the
purpose of ensuring compliance with approved plans and
specifications.
(III) State approval.--Upon completion of construction, a
requirement that, before operation of the structure, State
approval is received.
(IV) Safety inspections.--Authority to require or perform
the inspection of all dams and reservoirs that pose a
significant threat to human life and property in the event of
failure at least every 5 years to determine their continued
safety and a procedure for more detailed and frequent safety
inspections.
(V) Professional engineer.--A requirement that all
inspections be performed under the supervision of a
registered professional engineer with related experience in
dam design and construction.
(VI) Orders.--Authority to issue orders, 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 deemed necessary.
(VII) Regulations.--Rules and regulations for carrying out
the provisions of the State's legislative authority.
(VIII) Emergency funds.--Necessary emergency funds to
assure timely repairs or other changes to, or removal of, a
dam in order to protect human life and property and, if the
owner does not take action, to take appropriate action as
expeditiously as possible.
(IX) Emergency procedures.--A system of emergency
procedures that would be utilized in the event a dam fails or
in the event a dam's failure is imminent, together with an
identification of those dams where failure could be
reasonably expected to endanger human life and of the maximum
area that could be inundated in the event of a failure of the
dam, as well as identification of those necessary public
facilities that would be affected by such inundation.
(ii) State appropriations.--State appropriations must be
budgeted to carry out the provisions of the State
legislation.
(B) Work plan contracts.--The Director shall enter into
contracts with each participating State to determine a work
plan necessary for a particular State dam safety program to
reach a level of program performance previously agreed upon
in the contract. Federal assistance under this section shall
be provided to aid the State dam safety program in achieving
its goal.
(C) National dam safety review board.--
(i) In general.--There is authorized to be established a
National Dam Safety Review Board (hereinafter in this section
referred to as the ``Board''), which shall be responsible for
monitoring participating State implementation of the
requirements of the assistance program. The Board is
authorized to utilize the expertise of other agencies of the
United States and to enter into contracts for necessary
studies to carry out the requirements of this section. The
Board shall consist of 11 members selected for their
expertise in dam safety as follows:
(I) 5 to represent FEMA, the Federal Energy Regulatory
Commission, and the Departments of Agriculture, Defense, and
Interior.
(II) 5 members selected by the Director who are dam safety
officials of States.
(III) 1 member selected by the Director to represent the
United States Committee on Large Dams.
(ii) No compensation of members.--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. Each member of the Board who
is not an officer or employee of the United States shall
serve without compensation.
(iii) 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 home or regular place of business of
the member in the performance of services for the Board.
(iv) Nonapplicability of federal advisory committee act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Board.
(D) Maintenance of effort.--No grant may be made to a
participating State under this subsection in any fiscal year
unless the State enters into such agreement with the Director
as the Director may require to ensure that the participating
State will maintain its aggregate expenditures from all other
sources for programs to assure dam safety for the protection
of human life and property at or above the average level of
such expenditures in its 2 fiscal years preceding the date of
the enactment of this Act.
(E) Procedure for approval of state participation.--Any
program which is submitted to the Director for participation
in the assistance program under this subsection shall be
deemed approved 120 days following its receipt by the
Director unless the Director determines within such 120-day
period that the submitted program fails to reasonably meet
the requirements of subparagraphs (A) and (B). If the
Director determines the submitted program cannot be approved
for participation, the Director shall immediately notify the
State in writing, together with his or her reasons and those
changes needed to enable the submitted program to be
approved.
(F) Review of state programs.--Utilizing the expertise of
the Board, the Director shall periodically review the
approved State dam safety programs. In the event the Board
finds that a program of a participating State has proven
inadequate to reasonably protect human life and property and
the Director agrees, the Director shall revoke approval of
the State's participation in the assistance program and
withhold assistance under this section, until the State
program has been reapproved.
(G) Cooperation of federal agencies.--The head of any
Federal agency, when requested by any State dam safety
agency, shall provide information on the construction,
operation, or maintenance of any dam or allow officials of
the State agency to participate in any Federal inspection of
any dam.
(H) Dam insurance report.--Within 180 days after the date
of the enactment of this Act, the Director shall report to
the Congress on the availability of dam insurance and make
recommendations.
(f) Biennial Report.--Within 90 days after the last day of
each odd-numbered fiscal year, the Director shall submit a
biennial report to Congress describing the status of the
program being implemented under this section and describing
the progress achieved by the Federal agencies during the 2
previous years in implementing the Federal Guidelines for Dam
Safety. Each such report shall include any recommendations
for legislative and other action deemed necessary and
appropriate. The report shall also include a summary of the
progress being made in improving dam safety by participating
States.
(g) Authorizing of Appropriations.--
(1) General program.--
(A) Funding.--There are authorized to be appropriated to
the Director to carry out the
[[Page H8645]]
provisions of subsections (e) and (f) (in addition to any
authorizations for similar purposes included in other Acts
and the authorizations set forth in paragraphs (2) through
(5) of this subsection)--
(i) $1,000,000 for fiscal year 1997;
(ii) $2,000,000 for fiscal year 1998;
(iii) $4,000,000 for fiscal year 1999;
(iv) $4,000,000 for fiscal year 2000; and
(v) $4,000,000 for fiscal year 2001.
(B) Apportionment formula.--
(i) In general.--Subject to clause (ii), sums appropriated
under this paragraph shall be distributed annually among
participating States on the following basis: One-third among
those States determined in subsection (e) as qualifying for
funding, and two-thirds in proportion to the number of dams
and appearing as State-regulated dams on the National Dam
Inventory in each participating State that has been
determined in subsection (e)(5)(A) as qualifying for funding,
to the number of dams in all participating States.
(ii) Limitation to 50 percent of cost.--In no event shall
funds distributed to any State under this paragraph exceed 50
percent of the reasonable cost of implementing an approved
dam safety program in such State.
(iii) Allocation between primary and advanced assistance
programs.-- The Director and Review Board shall determine how
much of funds appropriated under this paragraph is allotted
to participating States needing primary funding and those
needing advanced funding.
(2) Training.--
(A) In general.--The Director shall, at the request of any
State that has or intends to develop a dam safety program
under subsection (e)(5)(A), provide training for State dam
safety staff and inspectors.
(B) Funding.--There is authorized to be appropriated to
carry out this paragraph $500,000 for each of fiscal years
1997 through 2001.
(3) Research.--
(A) In general.--The Director shall undertake a program of
technical and archival research in order to develop improved
techniques, historical experience, and equipment for rapid
and effective dam construction, rehabilitation, and
inspection, together with devices for the continued
monitoring, of dams for safety purposes.
(B) State participation; reports.--The Director shall
provide for State participation in the research under this
paragraph and periodically advise all States and Congress of
the results of such research.
(C) Funding.--There is authorized to be appropriated to
carry out this paragraph $1,000,000 for each of fiscal years
1997 through 2001.
(4) Dam inventory.--
(A) Maintenance and publication.--The Secretary is
authorized to maintain and periodically publish updated
information on the inventory of dams.
(B) Funding.--There is authorized to be appropriated to
carry out this paragraph $500,000 for each of fiscal years
1997 through 2001.
(5) Personnel.--
(A) Employment.--The Director is authorized to employ
additional staff personnel in numbers sufficient to carry out
the provisions of this section.
(B) Funding.--There is authorized to be appropriated to
carry out this paragraph $400,000 for each of fiscal years
1997 through 2001.
(6) Limitation.--No funds authorized by this section shall
be used to construct or repair any Federal or non-Federal
dams.
(h) Conforming Amendments.--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 467-467m; Public Law 92-367), is amended--
(1) in the first section by striking ``means any artificial
barrier'' and all that follows through the period at the end
and inserting ``has the meaning such term has under
subsection (d) of the National Dam Safety Program Act of
1996.'';
(2) by striking the 2d sentence of section 3;
(3) by striking section 5 and sections 7 through 14; and
(4) by redesignating section 6 as section 5.
SEC. 216. MAINTENANCE, REHABILITATION, AND MODERNIZATION OF
FACILITIES.
In accomplishing the maintenance, rehabilitation, and
modernization of hydroelectric power generating facilities at
water resources projects under the jurisdiction of the
Department of the Army, the Secretary is authorized to
increase the efficiency of energy production and the capacity
of these facilities if, after consulting with other
appropriate Federal and State agencies, the Secretary
determines that such uprating--
(1) is economically justified and financially feasible;
(2) will not result in significant adverse effects on the
other purposes for which the project is authorized;
(3) will not result in significant adverse environmental
impacts; and
(4) will not involve major structural or operation changes
in the project.
SEC. 217. LONG-TERM SEDIMENT MANAGEMENT STRATEGIES.
(a) Development.--The Secretary shall enter into
cooperative agreements with non-Federal sponsors of
navigation projects for development of long-term management
strategies for controlling sediments in such projects.
(b) Contents of Strategies.--Each strategy developed under
this section for a navigation project--
(1) shall include assessments of the following with respect
to the project: 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) shall include a timetable for implementation of the
strategy; and
(3) shall incorporate, as much as possible, 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 this
section, the Secretary shall consult with interested Federal
agencies, States, and Indian tribes and provide an
opportunity for public comment.
SEC. 218. DREDGED MATERIAL DISPOSAL FACILITY PARTNERSHIPS.
(a) Additional Capacity.--
(1) Provided by secretary.--At the request of a non-Federal
project sponsor, the Secretary may provide additional
capacity at a dredged material disposal facility constructed
by the Secretary beyond that which would be required for
project purposes if the non-Federal project sponsor 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 project
sponsor may recover the costs assigned to the additional
capacity through fees assessed on 3rd parties whose dredged
material is deposited in the facility and who enter into
agreements with the non-Federal sponsor for the use of such
facility. The amount of such fees may be determined by the
non-Federal sponsor.
(b) Non-Federal use of Disposal Facilities.--
(1) In general.--The Secretary--
(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 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
they 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 facilties in
connection with construction or maintenance of Federal
navigation projects.
(2) Private financing.--
(A) Agreements.--In carrying out this subsection, the
Secretary may enter into an agreement with a project sponsor,
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
project sponsor and the private entity.
(D) Federal share.--The Federal share of such fee shall be
equal to the percentage of the total cost which 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 shall
be effective only to such extent and in such amounts as are
provided in appropriation Acts.
SEC. 219. OBSTRUCTION REMOVAL REQUIREMENT.
(a) Penalty.--Section 16 of the Act of March 3, 1899 (33
U.S.C. 411; 30 Stat. 1153), 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''.
[[Page H8646]]
(b) General Authority.--Section 20 of the Act of March 3,
1899 (33 U.S.C. 415; 30 Stat. 1154), is amended--
(1) by striking ``expense'' the first place it appears in
subsection (a) 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 new
subsection:
``(b) Removal Requirement.--Within 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 as soon as possible, the Secretary of the Army shall
remove or destroy the vessel using the summary removal
procedures under subsection (a) of this section.''.
SEC. 220. SMALL PROJECT AUTHORIZATIONS.
Section 14 of the Flood Control Act of 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 ``$1,500,000''.
SEC. 221. UNECONOMICAL COST-SHARING REQUIREMENTS.
Section 221(a) of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b) is amended by striking the period at the end of the
first 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.''.
SEC. 222. 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. 223. 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. 224. STATE AND FEDERAL AGENCY REVIEW PERIOD.
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. 225. LIMITATION ON REIMBURSEMENT OF NON-FEDERAL COSTS
PER PROJECT.
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.
SEC. 226. AQUATIC PLANT CONTROL.
(a) Additional Controlled Plants.--Section 104(a) of the
River and Harbor Act of 1958 (33 U.S.C. 610(a)) is amended by
inserting after ``alligatorweed,'' the following:
``melaleuca,''.
(b) Authorization.--Section 104(b) of such Act (33 U.S.C.
610(b)) is amended by striking ``$12,000,000'' and inserting
``$15,000,000''.
SEC. 227. 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 scale demonstrating a capacity of at
least 500,000 cubic yards per year.''.
(b) Authorization of Appropriations.--The first sentence of
section 405(c) of such Act is amended to read as follows:
``There is authorized to be appropriated to carry out this
section $10,000,000 for fiscal years beginning after
September 30, 1996.''.
(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 intent of
the program set forth in subsection (a)(3).''.
SEC. 228. SHORE PROTECTION.
(a) Declaration of Policy.--Subsection (a) of the first
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; 60 Stat. 1056), 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 subsection (a) 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) Nonpublic Shores.--Subsection (d) of such section is
amended by striking ``or from the protection of nearby public
property or'' and inserting ``, if there are sufficient
benefits, including benefits to local and regional economic
development and to the local and regional ecology (as
determined under subsection (e)(2)(B)), or''; and
(c) 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) report the results of the studies to the
appropriate committees of Congress.
``(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 a shore protection project and the ability of the non-
Federal interest to participate in the project.
``(iii) Consideration of local and regional benefits.--In
analyzing the economic and ecological benefits of a shore
protection project, or a flood control or other water
resource project the purpose of which includes shore
protection, the Secretary shall consider benefits to local
and regional economic development, and to the local and
regional ecology, in calculating the full economic and
ecological justifications for the 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).
``(4) Report to congress.--The Secretary shall report
biennially to the appropriate committees of Congress on the
status of all ongoing shore protection studies and shore
protection projects carried out under the jurisdiction of the
Secretary.''.
(d) 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
[[Page H8647]]
protecting the shores of publicly owned property'', approved
August 13, 1946 (33 U.S.C. 426f; 60 Stat. 1056), 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 so designated)--
(i) by striking ``local interests'' and inserting ``non-
Federal interests'';
(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)''.
(e) 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 further 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. 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.''.
(f) Definitions.--
(1) In general.--Section 5 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. 426h), (as redesignated by subsection (e)(1))
is amended to read as follows:
``SEC. 5. DEFINITIONS.
``In this Act, the following definitions apply:
``(1) Secretary.--The term `Secretary' means the Secretary
of the Army, acting through the Chief of Engineers.
``(2) 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)).
``(3) 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.
``(4) 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 first section (33 U.S.C.
426e(b)(3)) by striking ``of the Army, acting through the
Chief of Engineers,'' and by striking the final period; and
(B) in section 3 (33 U.S.C. 426g) by striking ``Secretary
of the Army'' and inserting ``Secretary''.
(g) 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. 229. PROJECT DEAUTHORIZATIONS.
(a) In General.--Section 1001(b)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)(2)) is amended--
(1) by striking ``Before'' at the beginning of the second
sentence and inserting ``Upon''; and
(2) by inserting ``planning, designing, or'' before
``construction'' in the last sentence.
(b) Technical Amendment.--Section 52 of the Water Resources
Development Act of 1988 (33 U.S.C. 579a note; 102 Stat. 4044)
is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (a), (b), (c), and (d), respectively.
SEC. 230. 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) Special Rules.--With respect to contracts for research
and development, the Secretary may include requirements that
have potential commercial application and may also use such
potential application as an evaluation factor where
appropriate.
SEC. 231. 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. 232. LOSS OF LIFE PREVENTION.
Section 904 of the Water Resources Development Act of 1986
(33 U.S.C. 2281) is amended by inserting ``including the loss
of life which may be associated with flooding and coastal
storm events,'' after ``costs,''.
SEC. 233. 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. 234. REMOVAL OF STUDY PROHIBITIONS.
Nothing in section 208 of the Urgent Supplemental
Appropriations Act, 1986 (100 Stat. 749), section 505 of the
Energy and Water Development Appropriations Act, 1993 (106
Stat. 1343), or any other provision of law shall be deemed to
limit the authority of the Secretary to undertake studies for
the purpose of investigating alternative modes of financing
hydroelectric power facilities under the jurisdiction of the
Department of the Army with funds appropriated after the date
of the enactment of this Act.
SEC. 235. 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).
SEC. 236. RESERVOIR MANAGEMENT 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) by striking ``(b) Public Participa-tion.--''.
SEC. 237. TECHNICAL CORRECTIONS.
(a) Section 203 of 1992 Act.--Section 203(b) of the Water
Resources Development Act of 1992 (106 Stat. 4826) is amended
by striking ``(8662)'' and inserting ``(8862)''.
(b) Section 225 of 1992 Act.--Section 225(c) of the Water
Resources Development Act of 1992 (106 Stat. 4838) is amended
by striking ``(8662)'' in the second sentence and inserting
``(8862)''.
TITLE III--PROJECT MODIFICATIONS
SEC. 301. 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 first 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. 302. ALAMO DAM, ARIZONA.
The project for flood control and other purposes, Alamo Dam
and Lake, Arizona, authorized by section 10 of the River and
Harbor Act of 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.
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 sections 103(k) and 103(m) of the Water Resources
Development Act of 1986 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. PHOENIX, ARIZONA.
Section 321 of the Water Resources Development Act of 1992
(106 Stat. 4848) is amended--
(1) by striking ``control'' and inserting ``control,
ecosystem restoration,''; and
[[Page H8648]]
(2) by striking ``$6,500,000.'' and inserting
``$17,500,000.''.
SEC. 305. SAN FRANCISCO RIVER AT CLIFTON, ARIZONA.
The project for flood control, San Francisco River,
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
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.
SEC. 306. CHANNEL ISLANDS HARBOR, CALIFORNIA.
The project for navigation, 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 direct
the Secretary to pay 100 percent of the costs of dredging the
Channel Islands Harbor sand trap.
SEC. 307. 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 the Sacramento River, California, and
for other purposes'', approved March 1, 1917 (39 Stat. 948),
and as 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.
SEC. 308. LOS ANGELES AND LONG BEACH HARBORS, SAN PEDRO BAY,
CALIFORNIA.
The navigation project for Los Angeles and Long Beach
Harbors, San Pedro Bay, California, authorized by section
201(b) of the Water Resources Development Act of 1986 (100
Stat. 4091), is modified to provide that, notwithstanding
section 101(a)(4) of such Act, the cost of the relocation of
the sewer outfall by the Port of Los Angeles shall be
credited toward the payment required from the non-Federal
interest by section 101(a)(2) of such Act.
SEC. 309. 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 by combining the 2 projects
into 1 project, to be designated as the Oakland Harbor,
California, project. The Oakland Harbor, California, project
shall be prosecuted by the Secretary substantially in
accordance with the plans and subject to the conditions
recommended in the reports designated in such section 202, 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.
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 sentence: ``In addition, the Secretary shall
perform advance maintenance dredging in the Queensway Bay
Channel, California, at a total cost of $5,000,000.''.
SEC. 311. 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 at a total cost not to exceed $81,600,000 with an
estimated Federal cost of $61,100,000 and an estimated non-
Federal cost of $20,500,000.
SEC. 312. THAMES RIVER, CONNECTICUT.
(a) Reconfiguration of Turning Basin.--The project for
navigation, Thames River, Connecticut, authorized by the
first section of the Act entitled ``An Act authorizing
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 make
the turning basin have the following alignment: Starting at a
point on the eastern limit of the existing project,
N251052.93, E783934.59, thence running north 5 degrees 25
minutes 21.3 seconds east 341.06 feet to a point, N251392.46,
E783966.82, thence running north 47 degrees 24 minutes 14.0
seconds west 268.72 feet to a point, N251574.34, E783769.00,
thence running north 88 degrees 41 minutes 52.2 seconds west
249.06 feet to a point, N251580.00, E783520.00, thence
running south 46 degrees 16 minutes 22.9 seconds west 318.28
feet to a point, N251360.00, E783290.00, thence running south
19 degrees 01 minute 32.2 seconds east 306.76 feet to a
point, N251070.00, E783390.00, thence running south 45
degrees 00 minutes 00 seconds east 155.56 feet to a point,
N250960.00, E783500.00 on the existing western limit.
(b) Non-Federal Responsibility for Initial Dredging.--Any
required initial dredging of the widened portions of the
turning basin identified in subsection (a) shall be
accomplished at non-Federal expense.
(c) Conforming Deauthorization.--Those portions of the
existing turning basin which are not included in the
reconfigured turning basin as described in subsection (a)
shall no longer be authorized after the date of the enactment
of this Act.
SEC. 313. POTOMAC RIVER, WASHINGTON, DISTRICT OF COLUMBIA.
The project for flood protection, Potomac River,
Washington, District of Columbia, authorized by section 5 of
the Flood Control Act of June 22, 1936 (74 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.
SEC. 314. 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.
SEC. 315. 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 (79 Stat. 1073), is modified to
direct the Secretary to reimburse the non-Federal interest
for beach renourishment work accomplished 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-5) with respect to such project.
SEC. 316. 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 subsection 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.
SEC. 317. CENTRAL AND SOUTHERN FLORIDA, CANAL 111 (C-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) Department of interior responsibility.--The Department
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 Department 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 subsection shall be 100 percent;
except that the Federal Government shall reimburse the non-
Federal project sponsor 60 percent of the costs of operating
and maintaining pump stations that pump water into Taylor
Slough in the Everglades National Park.
SEC. 318. 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
flow and circulation improvement within Mill Cove, at a total
cost of $2,000,000, with an estimated Federal cost of
$2,000,000.
SEC. 319. 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 (106 Stat. 4828).
(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 progress made in carrying out this
section.
SEC. 320. TYBEE ISLAND, GEORGIA.
The project for beach erosion control, Tybee Island,
Georgia, authorized pursuant
[[Page H8649]]
to section 201 of the Flood Control Act of 1968 (42 U.S.C.
1962d-5), is modified to include as an integral part of the
project the portion of the ocean shore of Tybee Island
located south of the existing south terminal groin between
18th and 19th Streets.
SEC. 321. WHITE RIVER, INDIANA.
The project for flood control, Indianapolis on West Fork of
the White River, Indiana, authorized by section 5 of the
Flood Control Act of 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 first Federal
cost of $39,975,000 and an estimated first 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. 322. 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 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 vicinity of
McCook, Illinois, and to provide that the reservoir project
may only be constructed on the basis of a specific plan that
has been evaluated by the Secretary under the provisions of
the National Environmental Policy Act of 1969.
SEC. 323. 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 is authorized to carry out such
repairs and installations as are necessary following
completion of the study.
SEC. 324. 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. 325. 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. 326. NORTH BRANCH OF CHICAGO RIVER, ILLINOIS.
The project for flood protection, 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 to carry out the project
in accordance with the report of the Corps of Engineers dated
March 1994, at a total cost of $34,228,000, with an estimated
Federal cost of $20,905,000 and an estimated non-Federal cost
of $13,323,000.
SEC. 327. ILLINOIS AND MICHIGAN CANAL.
Section 314(a) of the Water Resources Development Act of
1992 (106 Stat. 4847) is amended by adding at the end the
following: ``Such improvements shall include marina
development at Lock 14, to be carried out in consultation
with the Illinois Department of Natural Resources, at a total
cost of $6,374,000.''.
SEC. 328. 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 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.
SEC. 329. LEVISA AND TUG FORKS OF THE BIG SANDY RIVER AND
CUMBERLAND RIVER, KENTUCKY, WEST VIRGINIA, AND
VIRGINIA.
The project for flood control, Levisa and Tug Forks of the
Big Sandy River and Cumberland River, Kentucky, West
Virginia, and Virginia, authorized by section 202(a) of the
Energy and Water Development Appropriation Act, 1981 (94
Stat. 1339), is modified to provide that the minimum level of
flood protection to be afforded by the project shall be the
level required to provide protection from a 100-year flood or
from the flood of April 1977, whichever level of protection
is greater.
SEC. 330. PRESTONBURG, KENTUCKY.
Section 109(a) of Public Law 104-46 (109 Stat. 408) is
amended by striking ``Modification No. 2'' and inserting
``Modification No. 3''.
SEC. 331. 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 Resource Development Act of 1992 (106 Stat. 4802-4803),
is modified to authorize the Secretary to construct the
project at a total cost of $121,600,000, with an estimated
Federal cost of $70,577,000 and an estimated non-Federal cost
of $51,023,000.
SEC. 332. 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.
SEC. 333. 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. 334. MISSISSIPPI DELTA REGION, LOUISIANA.
The Mississippi Delta Region project, Louisiana, authorized
as part of the project for hurricane-flood protection project
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 but shall not exceed $7,500,000.
SEC. 335. MISSISSIPPI RIVER OUTLETS, VENICE, 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 by 250-foot wide Baptiste
Collette Bayou entrance channel to approximately Mile 8 of
the Mississippi River-Gulf Outlet navigation channel, at a
total estimated Federal cost of $80,000.
SEC. 336. 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 and Development Act of 1986 (100 Stat.
4142) and modified by section 102(p) of the Water Resources
and Development Act of 1990 (104 Stat. 4613), is further
modified--
(1) to authorize the Secretary to carry out the project at
a total cost of $10,500,000; and
(2) 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.
SEC. 337. WESTWEGO TO HARVEY CANAL, LOUISIANA.
The project West Bank Hurricane Protection Levee, Jefferson
Parish, Louisiana, authorized by section 401(f) of the Water
Resources Development Act of 1986 (100 Stat. 4128), is
modified to include the Lake Cataouatche Area Levee as part
of the authorized project, at a total cost of $14,375,000,
with an estimated Federal cost of $9,344,000 and an estimated
non-Federal cost of $5,031,000.
SEC. 338. 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. 339. 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. 340. SAULT SAINTE MARIE, CHIPPEWA COUNTY, MICHIGAN.
(a) In General.--The project for navigation, Sault Sainte
Marie, Chippewa County, Michigan, authorized by section 1149
of the Water Resources Development Act of 1986 (100 Stat.
4254-4255), is modified as provided by this subsection.
(b) Payment of Non-Federal Share.--The non-Federal share of
the cost of the project referred to in subsection (a) shall
be paid as follows:
(1) That portion of the non-Federal share which the
Secretary determines is attributable to use of the lock by
vessels calling at Canadian ports shall be paid by the United
States.
(2) 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.
(c) Payment Term of Additional Percentage.--The amount to
be paid by non-
[[Page H8650]]
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 referred to in
subsection (a) may be paid over a period of 50 years or the
expected life of the project, whichever is shorter.
(d) Great Lakes States Defined.--For the purposes of this
section, the term ``Great Lakes States'' means the States of
Illinois, Indiana, Michigan, Minnesota, New York, Ohio,
Pennsylvania, and Wisconsin.
SEC. 341. STILLWATER, MINNESOTA.
Section 363 of the Water Resources Development Act of 1992
(106 Stat. 4861-4862) is amended--
(1) by inserting after ``riverfront,'' the following: ``and
expansion of such system if the Secretary determines that the
expansion is feasible,'';
(2) by striking ``$3,200,000'' and inserting
``$11,600,000'';
(3) by striking ``$2,400,000'' and inserting
``$8,700,000''; and
(4) by striking ``$800,000'' and inserting ``$2,900,000''.
SEC. 342. 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, including implementation of nonstructural
measures, 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.
SEC. 343. NEW MADRID HARBOR, MISSOURI.
The project for navigation, New Madrid Harbor, Missouri,
authorized pursuant to section 107 of the River and Harbor
Act of 1960 (33 U.S.C. 577) and modified by section 102(n) of
the Water Resources Development Act of 1992 (106 Stat. 4807),
is further modified to direct the Secretary to assume
responsibility for maintenance of the existing Federal
channel referred to in such section 102(n) in addition to
maintaining New Madrid County Harbor.
SEC. 344. ST. JOHN'S BAYOU--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. John's Bayou and New Madrid Floodway,
Missouri, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4118).
SEC. 345. JOSEPH G. MINISH PASSAIC RIVER PARK, NEW JERSEY.
Section 101(a)(18)(B) of the Water Resources Development
Act of 1990 (104 Stat. 4608) is amended by striking
``$25,000,000'' and inserting ``$75,000,000''.
SEC. 346. 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 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.
SEC. 347. 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 is authorized to
acquire from willing sellers lands on which residential
structures are located and which 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 the requirements of
subsection (d).
``(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) of this Act, to the extent
that the Secretary's evaluation indicates that applying such
section is necessary to implement the project.''.
SEC. 348. RAMAPO RIVER AT OAKLAND, NEW JERSEY AND NEW YORK.
The project for flood control, Ramapo River at Oakland, New
Jersey and New York, 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
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.
SEC. 349. RARITAN BAY AND SANDY HOOK BAY, NEW JERSEY.
Section 102(q) of the Water Resources Development Act of
1992 (106 Stat. 4808) is amended by striking ``for Cliffwood
Beach''.
SEC. 350. 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 if determined to be feasible by the
Secretary at a total cost of $83,000,000.
SEC. 351. JONES INLET, NEW YORK.
The project for navigation, Jones Inlet, New York,
authorized by section 2 of the Act entitled ``An Act
authorizing 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
for the purpose of mitigating the interruption of littoral
system natural processes caused by the jetty and continued
dredging of the federally maintained channel.
SEC. 352. KILL VAN KULL, NEW YORK AND NEW JERSEY.
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.
SEC. 353. 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.
SEC. 354. GARRISON DAM, NORTH DAKOTA.
The project for flood control, Garrison Dam, North Dakota,
authorized by section 9 of the Flood Control Act of December
22, 1944 (58 Stat. 891), is modified to authorize the
Secretary to acquire permanent flowage and saturation
easements over the lands 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 northeast quarter of
section 17, township 152 north, range 104 west, and
continuing northeasterly downstream to the land referred to
as the East Bottom, and any other lands outside of the
boundaries of the Buford-Trenton Irrigation District which
have been adversely affected by rising ground water and
surface flooding. Any easement acquired by the Secretary
pursuant to this subsection shall include the right, power,
and privilege of the Government to submerge, overflow,
percolate, and saturate the surface and subsurface of the
land. The cost of acquiring such easements shall not exceed
90 percent, or be less than 75 percent, of the unaffected fee
value of the lands. The project is further modified to
authorize the Secretary to provide a lump sum payment of
$60,000 to the Buford-Trenton Irrigation District for power
requirements associated with operation of the drainage pumps
and to relinquish all right, title, and interest of the
United States to the drainage pumps located within the
boundaries of the Irrigation District.
SEC. 355. RENO BEACH-HOWARDS FARM, OHIO.
The project for flood protection, Reno Beach-Howards Farm,
Ohio, authorized by section 203 of the Flood Control Act,
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. 356. WISTER LAKE, OKLAHOMA.
The flood control project for Wister Lake, LeFlore County,
Oklahoma, authorized by section 4 of the Flood Control Act of
June 28, 1938 (52 Stat. 1218), is modified to increase the
elevation of the conservation pool to 478 feet and to adjust
the seasonal pool operation to accommodate the change in the
conservation pool elevation.
SEC. 357. 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 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.
[[Page H8651]]
(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, provided the
Secretary determines, at the time of the proposed conveyance,
that the Army has taken all action necessary to protect human
health and the environment.
(5) Such portions of Parcel H which can be conveyed without
a requirement for further investigation, inventory or other
action by the Department of the Army under the provisions of
the National Historic Preservation Act.
(6) Such easements as the Secretary deems 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
growing 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 the February 20,
1987, judgment of the United States Claims Court, 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 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
subsection.
(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 United States Army 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. 358. COLUMBIA RIVER DREDGING, OREGON AND WASHINGTON.
The project for navigation, Lower Willamette and Columbia
Rivers below Vancouver, Washington and Portland, Oregon,
authorized by the first section of the River and Harbor
Appropriations Act of June 18, 1878 (20 Stat. 152), 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. 359. GRAYS LANDING LOCK AND DAM, MONONGAHELA RIVER,
PENNSYLVANIA.
The project for navigation Grays Landing Lock and Dam,
Monongahela River, Pennsylvania, authorized by section 301(a)
of the Water Resources Development Act of 1986 (100 Stat.
4110), is modified to authorize the Secretary to construct
the project at a total cost of $181,000,000. 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.
SEC. 360. LACKAWANNA RIVER AT SCRANTON, PENNSYLVANIA.
The project for flood control, Lackawanna River at
Scranton, Pennsylvania, authorized by section 101(16) 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.
SEC. 361. 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. 362. 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
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.
SEC. 363. SCHUYLKILL RIVER, PENNSYLVANIA.
The navigation project for the Schuylkill River,
Pennsylvania, authorized by the first section of the River
and Harbor Appropriations Act of August 8, 1917 (40 Stat.
252), is modified to provide for the periodic removal and
disposal of sediment to a depth of 6 feet detained within
portions of the Fairmount pool between 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. 364. SOUTH CENTRAL PENNSYLVANIA.
(a) Cost Sharing.--Section 313(d)(3)(A) of the Water
Resources Development Act of 1992 (106 Stat. 4846; 109 Stat.
407) 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 non-Federal interest shall receive credit 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. The Federal
share may be provided in the form of grants or reimbursements
of project costs. Non-Federal interests shall also receive
credit for grants and the value of work performed on behalf
of such interests by State and local agencies.''.
(b) Authorization of Appropriations.--Section 313(g)(1) of
such Act (106 Stat. 4846; 109 Stat. 407) is amended by
striking ``$50,000,000'' and inserting ``$90,000,000''.
SEC. 365. 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 to undertake as part of
the construction of the project mechanical and electrical
upgrades to existing stormwater pumping stations in the
Wyoming Valley and to undertake mitigation measures.
SEC. 366. 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
generally described in the General Reevaluation Report and
Environmental Assessment, dated March 1994, at a total cost
of $43,993,000, with an estimated Federal cost of $27,341,000
and an estimated non-Federal cost of $16,652,000.
SEC. 367. 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''.
SEC. 368. CHARLESTON HARBOR, SOUTH CAROLINA.
The project for navigation, Charleston Harbor, South
Carolina, authorized by section 202(a) of the Water Resources
Development Act of 1986 (100 Stat. 4096), is modified to
direct the Secretary to undertake ditching, clearing,
spillway replacement, and dike reconstruction of the Clouter
Creek Disposal Area, as a part of the operation and
maintenance of the Charleston Harbor project.
SEC. 369. 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 but shall not be included in
calculating benefits of the project.
(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 crediting
only for that portion of the work performed by the non-
Federal interests which is compatible with the project
referred to in subsection (a), including any modification
thereof, and which 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 to the project referred to in
subsection (a).
[[Page H8652]]
SEC. 370. 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 construct the project 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.
SEC. 371. 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 by 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 (100 Stat. 4087) to
the construction of such feature in the same manner as that
section is applied to other projects or project features
construed pursuant to such section 202(a); and
(4) to provide for operation and maintenance of
recreational facilities on a reimbursable basis.
SEC. 372. RUDEE INLET, VIRGINIA BEACH, VIRGINIA.
The project for navigation and shoreline protection, Rudee
Inlet, Virginia Beach, Virginia, authorized by section 601(a)
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.
SEC. 373. VIRGINIA BEACH, VIRGINIA.
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 Secretary to be due to the city of
Virginia Beach as reimbursement for the Federal share of
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 cooperative agreement is
executed for the project.
SEC. 374. EAST WATERWAY, WASHINGTON.
The project for navigation, East and West waterways,
Seattle Harbor, Washington, authorized by the first section
of the River and Harbor Appropriations Act of March 2, 1919
(40 Stat. 1275), 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. 375. BLUESTONE LAKE, WEST VIRGINIA.
Section 102(ff) of the Water Resources Development Act of
1992 (106 Stat. 4810) is amended by inserting ``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,'' after
``project,'' the first place it appears.
SEC. 376. MOOREFIELD, WEST VIRGINIA.
The project for flood control, Moorefield, West Virginia,
authorized by section 101(a)(25) of the Water Resources
Development Act of 1990 (104 Stat. 4610-4611), is modified to
authorize the Secretary to construct the project at a total
cost of $22,000,000, with an estimated Federal cost of
$17,100,000 and an estimated non-Federal cost of $4,900,000.
SEC. 377. 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 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. The Federal share may be in the form of
grants or reimbursements of project costs.
``(B) Interest.--In the event of delays 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.
``(C) 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.
``(D) 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 ``$25,000,000''.
SEC. 378. WEST VIRGINIA TRAIL HEAD FACILITIES.
Section 306 of the Water Resources Development Act of 1992
(106 Stat. 4840-4841) is amended by adding at the end the
following:
``The Secretary shall enter into an interagency agreement
with the Federal entity which 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 master plan developed under this
section. The Federal entity shall provide such assistance and
oversight.''.
SEC. 379. 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 in and to lands that
are culturally and religiously significant sites of the Ho-
Chunk Nation (a federally recognized Indian tribe) and are
located within the lands described in paragraph (3). Such
lands shall be specified 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, then 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 of the plan in order to address changed
circumstances on the lands transferred under paragraph (2).
Such provision may include a plan for the transfer by the
State to the Secretary of the Interior of any additional site
discovered to be culturally and religiously significant to
the Ho-Chunk Nation.
[[Page H8653]]
(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 pursuant to the
memorandum of understanding entered into under paragraph (3),
shall be held in trust 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 section.
(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) Environmental cleanup and site restoration of abandoned
wells, farm sites, and safety modifications to the water
control structures.
(C) Cultural resource activities to meet the requirements
of Federal law.
(2) Participation by state of wisconsin.--In undertaking
the completion of the features described in paragraph (1),
the Secretary shall determine the requirements of the State
of Wisconsin on the location and design of each such feature.
(d) Funding.--There is authorized to be appropriated to
carry out this section for fiscal years beginning after
September 30, 1996, $17,000,000.
SEC. 380. 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.''.
TITLE IV--STUDIES
SEC. 401. CORPS CAPABILITY STUDY, ALASKA.
The Secretary shall review the capability of the Corps of
Engineers to plan, design, construct, operate, and maintain
rural sanitation projects for rural and Native villages in
Alaska. Not later than 18 months after the date of the
enactment of this Act, the Secretary shall transmit findings
and recommendations on the agency's capability, together with
recommendations on the advisability of assuming such a
mission.
SEC. 402. MCDOWELL MOUNTAIN, ARIZONA.
The Secretary shall credit the non-Federal share of the
cost of the feasibility study on the McDowell Mountain
project an amount equivalent 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. 403. 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. 404. 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.
SEC. 405. MUGU LAGOON, CALIFORNIA.
(a) Study.--The Secretary shall conduct a study of the
environmental impacts associated with sediment transport,
flood flows, 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 assure that the study is compatible with
restoration efforts for the Calleguas Creek watershed.
(c) Report.--Not later than 24 months after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study.
SEC. 406. 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 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. 407. SOUTHERN CALIFORNIA INFRASTRUCTURE.
(a) Assistance.--Section 116(d)(1) of the Water Resources
Development Act of 1990 (104 Stat. 4624) 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, design, and planning
assistance to non-Federal interests in developing potential
infrastructure projects.''.
(b) Funding.--Section 116(d)(3) of such Act is amended by
striking ``$1,500,000'' and inserting ``$7,500,000''.
SEC. 408. 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. 409. 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, and consistent with the
authorized purposes of that project, to include evacuation of
waters interior to the Chain of Rocks Canal East Levee.
SEC. 410. QUINCY, ILLINOIS.
(a) Study.--The Secretary shall study and evaluate the
critical 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 produce a definition of critical infrastructure;
(3) to develop evaluation criteria; and
(4) to enhance existing geographic information system
databases to encompass relevant data that identify critical
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 purposes of the study
described in paragraphs (1) through (4) of subsection (a).
SEC. 411. SPRINGFIELD, ILLINOIS.
The Secretary shall provide technical, planning, and design
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 technical, economic, and environmental
impacts of such development.
SEC. 412. 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. 413. 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.
(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. 414. 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 first section of the Rivers and Harbors
Appropriations Act of June 25, 1910 (36 Stat. 657).
[[Page H8654]]
SEC. 415. 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. 416. LITTLE CALUMET RIVER, INDIANA.
(a) Study.--The Secretary shall conduct a study of the
impact 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. 417. 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 Freeman Lakes
Environmental Conservation Corporation in addressing
potential environmental restoration activities determined as
a result of the study conducted under subsection (a).
SEC. 418. CALCASIEU SHIP CHANNEL, HACKBERRY, LOUISIANA.
The Secretary shall conduct a study to determine the need
for improved navigation and related support service
structures in the vicinity of the Calcasieu Ship Channel,
Hackberry, Louisiana.
SEC. 419. HURON RIVER, MICHIGAN.
The Secretary shall conduct a study to determine the need
for channel improvements and associated modifications for the
purpose of providing a harbor of refuge at Huron River,
Michigan.
SEC. 420. SACO RIVER, NEW HAMPSHIRE.
The Secretary shall conduct a study of flood control
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 and shall consider other alternatives for flood
damage reduction.
SEC. 421. BUFFALO RIVER GREENWAY, NEW YORK.
The Secretary shall conduct a study 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
shall include preparation of an integrated plan of
development that takes into consideration the adjacent parks,
nature preserves, bikeways, and related recreational
facilities.
SEC. 422. 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. 423. PORT OF NEW YORK-NEW JERSEY SEDIMENT STUDY.
(a) Study of Measures To Reduce Sediment Deposition.--The
Secretary shall conduct a study of measures that could reduce
sediment deposition in the vicinity of the Port of New York-
New Jersey for the purpose of reducing the volumes to be
dredged for navigation projects in the Port.
(b) Dredged Material Disposal 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 which could
accommodate as much as 250,000 cubic yards of dredged
materials for the purpose of demonstrating the feasibility of
an underwater confined disposal pit as an environmentally
suitable method of containing certain sediments.
(c) Report.--The Secretary shall transmit to Congress a
report on the results of the studies conducted under this
section, together with any recommendations of the Secretary
concerning reduction of sediment deposition referred to in
subsection (a).
SEC. 424. 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. 425. 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. 426. 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.
SEC. 427. CHARLESTON, SOUTH CAROLINA, ESTUARY.
The Secretary is authorized to 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. 428. 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. 429. 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 wetlands protection,
erosion control, and flood damage reduction needs of the
County.
SEC. 430. PACIFIC REGION.
(a) Study.--The Secretary is authorized to 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.
(b) Cost Sharing.--The cost sharing provisions of section
105 of the Water Resources Development Act of 1986 (33 U.S.C.
2215; 100 Stat. 4088-4089) shall apply to studies under this
section.
SEC. 431. FINANCING OF INFRASTRUCTURE NEEDS OF SMALL AND
MEDIUM PORTS.
(a) Study.--The Secretary shall conduct a study 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 180 days 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).
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. PROJECT DEAUTHORIZATIONS.
The following projects are not authorized after the date of
the enactment of this Act:
(1) Branford harbor, connecticut.--The following portion of
the project for navigation, Branford River, Connecticut,
authorized by the first section of the Rivers and Harbors
Appropriations Act of June 13, 1902 (32 Stat. 333): Starting
at a point on the Federal channel line whose coordinates are
N156181.32, E581572.38, running south 70 degrees 11 minutes 8
seconds west a distance of 171.58 feet to another point on
the Federal channel line whose coordinates are N156123.18,
E581410.96.
(2) Bridgeport harbor, connecticut.--The following portion
of the project for navigation, Bridgeport Harbor,
Connecticut, authorized by section 101 of the River and
Harbor Act of 1958 (72 Stat. 297): A 2.4-acre anchorage area,
9 feet deep, and an adjacent 0.6-acre anchorage, 6 feet deep,
located on the west side of Johnsons River.
(3) Guilford harbor, connecticut.--The following portion of
the project for navigation, Guilford Harbor, Connecticut,
authorized by section 2 of the Act entitled ``An Act
authorizing construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes'',
approved March 2, 1945 (50 Stat. 13): Starting at a point
where the Sluice Creek Channel intersects with the main
entrance channel, N159194.63, E623201.07, thence running
north 24 degrees 58 minutes 15.2 seconds west 478.40 feet to
a point N159628.31, E622999.11, thence running north 20
degrees 18 minutes 31.7 seconds west 351.53 feet to a point
N159957.99, E622877.10, thence running north 69 degrees 41
minutes 37.9 seconds east 55.000 feet to a point N159977.08,
E622928.69, thence turning and running south 20 degrees 18
minutes 31.0 seconds east 349.35 feet to a point N159649.45,
E623049.94, thence turning and running south 24 degrees 58
minutes 11.1 seconds east 341.36 feet to a point N159340.00,
E623194.04, thence turning and running south 90 degrees 0
minutes 0 seconds east 78.86 feet to a point N159340.00,
E623272.90.
(4) Johnsons river channel, bridgeport harbor,
connecticut.--The following portion of the project for
navigation, Johnsons River Channel, Bridgeport Harbor,
Connecticut, authorized by the first section of the Rivers
and Harbors Act of July 24, 1946 (60 Stat. 634): Northerly of
a line across the Federal channel. The coordinates of such
line are N 123318.35, E 486301.68 and N 123257.15, E
486380.77.
(5) Mystic river, connecticut.--The following portion of
the project for improving the Mystic River, Connecticut,
authorized by the River and Harbor Act 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
[[Page H8655]]
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.
(6) Norwalk harbor, connecticut.--
(A) Deauthorization.--The portion of the project for
navigation, Norwalk Harbor, Connecticut, authorized by the
River and Harbor Act of 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, and those 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), not included in the description of the realignment
of the project contained in subparagraph (B).
(B) Realignment description.--The realigned 6-foot deep
East Norwalk Channel and Anchorage is described as follows:
starting at a point on the East Norwalk Channel, N95743.02,
E419581.37, thence running northwesterly about 463.96 feet to
a point N96197.93, E419490.18, thence running northwesterly
about 549.32 feet to a point N96608.49, E419125.23, thence
running northwesterly about 384.06 feet to a point N96965.94,
E418984.75, thence running northwesterly about 407.26 feet to
a point N97353.87, E418860.78, thence running westerly about
58.26 feet to a point N97336.26, E418805.24, thence running
northwesterly about 70.99 feet to a point N97390.30,
E418759.21, thence running westerly about 71.78 feet to a
point on the anchorage limit N97405.26, E418689.01, thence
running southerly along the western limits of the existing
Federal anchorage until reaching a point N95893.74,
E419449.17, thence running in a southwesterly direction about
78.74 feet to a point on the East Norwalk Channel N95815.62,
E419439.33.
(C) Redesignation.--All of the realigned channel shall be
redesignated as anchorage, with the exception of that portion
of the channel which narrows to a width of 100 feet and
terminates at a line whose coordinates are N96456.81,
E419260.06, and N96390.37, E419185.32, which shall remain as
a channel.
(7) Southport harbor, connecticut.--
(A) Deauthorization portion of project.--The following
portions of the project for navigation, Southport Harbor,
Connecticut, authorized by the first section of the Rivers
and Harbors Act of 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 whose coordinates are north 109131.16,
east 452653.32 running thence in a northeasterly direction
about 943.01 feet to a point whose coordinates are north
109635.22, east 453450.31 running thence in a southeasterly
direction about 22.66 feet to a point whose coordinates 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 remaining portion of the project
referred to in subparagraph (A) northerly of a line whose
coordinates are north 108699.15, east 452768.36 and north
108655.66, east 452858.73 shall be redesignated as an
anchorage.
(8) Stony creek, branford, 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): The 6-foot maneuvering
basin starting at a point N157031.91, E599030.79, thence
running northeasterly about 221.16 feet to a point
N157191.06, E599184.37, thence running northerly about 162.60
feet to a point N157353.56, E599189.99, thence running
southwesterly about 358.90 feet to the point of origin.
(9) Kennebunk river, maine.--That 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 whose coordinates are N191412.53, E417265.28 and
N191445.83, E417332.48.
(10) York harbor, maine.--That portion of the project for
navigation, York Harbor, Maine, authorized by section 101 of
the River and Harbor Act of 1960 (74 Stat. 480), located in
the 8-foot deep anchorage area beginning at coordinates N
109340.19, E 372066.93, thence running north 65 degrees 12
minutes 10.5 seconds E 423.27 feet to a point N 109517.71,
E372451.17, thence running north 28 degrees 42 minutes 58.3
seconds west 11.68 feet to a point N 109527.95, E 372445.56,
thence running south 63 degrees 37 minutes 24.6 seconds west
422.63 feet returning to the point of beginning and that
portion in the 8-foot deep anchorage area beginning at
coordinates N 108557.24, E 371645.88, thence running south 60
degrees 41 minutes 17.2 seconds east 484.51 feet to a point N
108320.04, E 372068.36, thence running north 29 degrees 12
minutes 53.3 seconds east 15.28 feet to a point N 108333.38,
E 372075.82, thence running north 62 degrees 29 minutes 42.1
seconds west 484.73 feet returning to the point of beginning.
(11) 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.
(12) Cohasset harbor, cohasset, massachusetts.--The
following portions of the project for navigation, Cohasset
Harbor, Massachusetts, authorized under section 107 of the
River and Harbor Act of 1960 (33 U.S.C. 577):
(A) The portion starting 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.
(B) The portion starting at a point N452886.64, E791287.83,
thence running south 00 degrees 00 minutes 00.0 seconds west
56.04 feet to a point N452830.60, E791287.83, thence running
north 90 degrees 00 minutes 00.0 seconds west 101.92 feet to
a point, N452830.60, E791185.91, thence running north 52
degrees 12 minutes 49.7 seconds east 89.42 feet to a point,
N452885.39, E791256.58, thence running north 87 degrees 42
minutes 33.8 seconds east 31.28 feet to the point of origin.
(C) The portion starting 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.
(13) 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.
(14) 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.
(15) Reserved channel, boston, massachusetts.--That portion
of the project for navigation, Reserved Channel, Boston,
Massachusetts, authorized by section 101(a)(12) 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.
(16) Weymouth-fore and town rivers, massachusetts.--The
following portions of the project for navigation, Weymouth-
Fore
[[Page H8656]]
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.
(17) Cocheco river, new hampshire.--The portion of the
project for navigation, Cocheco River, New Hampshire,
authorized by the first section of the Act entitled ``An Act
making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors,
and for other purposes'', approved September 19, 1890 (26
Stat. 436), that consists 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.
(18) Morristown harbor, new york.--The following portion of
the project for navigation, Morristown Harbor, New York,
authorized by the first section of the Rivers and Harbors Act
of January 21, 1927 (44 Stat. 1011): The portion that lies
north of the north boundary of Morris Street extended.
(19) Oswegatchie river, ogdensburg new york.--The portion
of the Federal channel of the project for navigation,
Ogdensburg Harbor, New York, authorized by the first section
of the Rivers and Harbors Appropriations Act of June 25, 1910
(36 Stat. 635), as modified by the first section of the
Rivers and Harbors Act of 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.
(20) 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 first section of the
Rivers and Harbors Appropriation Act of June 25, 1910 (36
Stat. 653).
(21) 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 (74 Stat. 486) 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, said point
is known as United States Army 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 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).
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.
(22) Apponaug cove, warwick, rhode island.--The following
portion of the project for navigation, Apponaug Cove, Rhode
Island, authorized under section 101 of the River and Harbor
Act of 1960 (74 Stat. 480): The 6-foot channel bounded by
coordinates N223269.93, E513089.12; N223348.31, E512799.54;
N223251.78, E512773.41; and N223178.0, E513046.0.
(23) Port washington harbor, wisconsin.--The following
portion of the navigation project for Port Washington Harbor,
Wisconsin, authorized by the Rivers and Harbors
Appropriations Act of July 11, 1870 (16 Stat. 223): Beginning
at the northwest corner of 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, point of beginning.
SEC. 502. 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)(1) of the Water Resources Development Act
of 1986 (33 U.S.C. 579a(b)(1)), is authorized to be carried
out by the Secretary; except that the scope of the project
includes ground water protection and conservation,
agricultural water supply, and waterfowl management.
(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. 4045), 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 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 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 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 of
the Water 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. 118)
and deauthorized pursuant to section 1001 of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)), is
authorized to be carried out by the Secretary.
SEC. 503. CONTINUATION OF AUTHORIZATION OF CERTAIN PROJECTS.
(a) General Rule.--Notwithstanding section 1001 of the
Water Resources Development Act of 1986 (33 U.S.C. 579a), the
following projects shall remain authorized to be carried out
by the Secretary:
(1) Cedar river harbor, michigan.--The project for
navigation, Cedar River Harbor, Michigan, authorized by
section 301 of the River and Harbor Act of 1965 (79 Stat.
1090).
(2) Cross village harbor, michigan.--The project for
navigation, Cross Village Harbor, Michigan, authorized by
section 101 of the River and Harbor Act of 1966 (80 Stat.
1405).
(b) Limitation.--A 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. 504. LAND CONVEYANCES.
(a) 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 new
paragraph:
``(3) To adjacent land owners, the United States title to
all or portions of that part of the Oakland Inner Harbor
Tidal Canal which are located within the boundaries of the
city in which such land rests. Such conveyance shall be at
fair market value.'';
(2) by inserting after ``right-of-way'' the following: ``or
other rights deemed necessary by the Secretary''; and
(3) by adding at the end the following: ``The conveyances
and processes involved will be at no cost to the United
States.''.
(b) Mariemont, Ohio.--
(1) In general.--The Secretary shall convey to the village
of Mariemont, Ohio, for a
[[Page H8657]]
sum of $85,000 all right, title, and interest of the United
States in and to a parcel of land (including improvements
thereto) under the jurisdiction of the Corps of Engineers and
known as the ``Ohio River Division Laboratory'', as such
parcel is 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; 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.
(c) Eufaula Lake, Oklahoma.--
(1) In general.--The Secretary shall convey to the city of
Eufaula, Oklahoma, all right, title, and interest of the
United 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 survey required under paragraph (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, which
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.
(d) 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, then 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.
(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 such 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.
(e) 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.--The property to be conveyed pursuant to
paragraph (1) to Benton County, Washington, is the property
in such county which 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;
(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 upon
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 within the city which 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 within the city which 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 within the city of Pasco, Washington,
which is leased pursuant to Army Lease No. DACW-68-1-77-10;
and
(ii) all levees within such city, as of the date of the
enactment of this Act, and the property upon 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 which 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 which 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 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 as the Secretary
considers necessary and appropriate to protect the interests
of the United States.
(B) Special rules 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 which
[[Page H8658]]
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 which 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, then 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.--Within 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 such date of enactment, 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 such local
government to a height not lower than the minimum safe height
determined pursuant to subparagraph (A).
(f) 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 and
other environmental laws.
SEC. 505. 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 the ``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 the ``Carr Creek Lake''.
(c) William H. Natcher Bridge, Maceo, Kentucky, and
Rockport, Indiana.--
(1) Designation.--The bridge on United States Route 231
which crosses the Ohio River between Maceo, Kentucky, and
Rockport, Indiana, shall be known and designated as the
``William H. Natcher Bridge''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the bridge referred to in paragraph (1) shall be
deemed to be a reference to the ``William H. Natcher
Bridge''.
(d) 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''.
(e) 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''.
(f) 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.--A reference in any 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''.
(g) William L. Jess Dam and Intake Structure, Oregon.--
(1) Designation.--The dam located at mile 153.6 on the
Rogue River in Jackson County, Oregon, and commonly known as
the Lost Creek Dam Lake Project, shall be known and
designated as the ``William L. Jess Dam and Intake
Structure''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the dam referred to in section 1 shall be deemed to
be a reference to the ``William L. Jess Dam and Intake
Structure''.
(h) Aberdeen Lock and Dam, Tennessee-Tombigbee Waterway.--
(1) Designation.--The lock and dam at Mile 358 of the
Tennessee-Tombigbee Waterway is designated as the ``Aberdeen
Lock and Dam''.
(2) Legal reference.--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) is
deemed to be a reference to the ``Aberdeen Lock and Dam''.
(i) Amory Lock, Tennessee-Tombigbee Waterway.--
(1) Designation.--Lock A at Mile 371 of the Tennessee-
Tombigbee Waterway is designated as the ``Amory Lock''.
(2) Legal reference.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock referred to in paragraph (1) is deemed to
be a reference to the ``Amory Lock''.
(j) Fulton Lock, Tennessee-Tombigbee Waterway.--
(1) Designation.--Lock C at Mile 391 of the Tennessee-
Tombigbee Waterway is designated as the ``Fulton Lock''.
(2) Legal reference.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock referred to in paragraph (1) is deemed to
be a reference to the ``Fulton Lock''.
(k) Howell Heflin Lock and Dam, Tennessee-Tombigbee
Waterway.--
(1) Redesignation.--The lock and dam at Mile 266 of the
Tennessee-Tombigbee Waterway, known as the Gainesville Lock
and Dam, is redesignated as the ``Howell Heflin Lock and
Dam''.
(2) Legal reference.--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) is
deemed to be a reference to the ``Howell Heflin Lock and
Dam''.
(l) G.V. ``Sonny'' Montgomery Lock, Tennessee-Tombigbee
Waterway.--
(1) Designation.--Lock E at Mile 407 of the Tennessee-
Tombigbee Waterway is designated as the ``G.V. `Sonny'
Montgomery Lock''.
(2) Legal reference.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock referred to in paragraph (1) is deemed to
be a reference to the ``G.V. `Sonny' Montgomery Lock''.
(m) John Rankin Lock, Tennessee-Tombigbee Waterway.--
(1) Designation.--Lock D at Mile 398 of the Tennessee-
Tombigbee Waterway is designated as the ``John Rankin Lock''.
(2) Legal reference.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock referred to in paragraph (1) is deemed to
be a reference to the ``John Rankin Lock''.
(n) John C. Stennis Lock and Dam, Tennessee-Tombigbee
Waterway.--
(1) Redesignation.--The lock and dam at Mile 335 of the
Tennessee-Tombigbee Waterway, known as the Columbus Lock and
Dam, is redesignated as the ``John C. Stennis Lock and Dam''.
(2) Legal reference.--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) is
deemed to be a reference to the ``John C. Stennis Lock and
Dam''.
(o) Jamie Whitten Lock and Dam, Tennessee-Tombigbee
Waterway.--
(1) Redesignation.--The lock and dam at Mile 412 of the
Tennessee-Tombigbee Waterway, known as the Bay Springs Lock
and Dam, is redesignated as the ``Jamie Whitten Lock and
Dam''.
(2) Legal reference.--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) is
deemed to be a reference to the ``Jamie Whitten Lock and
Dam''.
(p) Glover Wilkins Lock, Tennessee-Tombigbee Waterway.--
(1) Designation.--Lock B at Mile 376 of the Tennessee-
Tombigbee Waterway is designated as the ``Glover Wilkins
Lock''.
(2) Legal reference.--Any reference in a law, map,
regulation, document, paper, or other record to the lock
referred to in paragraph (1) is deemed to be a reference to
the ``Glover Wilkins Lock''.
[[Page H8659]]
SEC. 506. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.
(a) In General.--The Secretary is authorized to 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 pursuant to
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 impact of flooding.
(c) Non-Federal Share.--The non-Federal share of the cost
of assistance provided under this section 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) Russian River watershed, California.
(6) Sacramento River watershed, California.
(7) San Pablo Bay watershed, California.
(8) Nancy Creek, Utoy Creek, and North Peachtree Creek and
South Peachtree Creek basin, Georgia.
(9) Lower Platte River watershed, Nebraska.
(10) Juniata River watershed, Pennsylvania, including
Raystown Lake.
(11) 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 $25,000,000 for
fiscal years beginning after September 30, 1996.
SEC. 507. 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.''.
SEC. 508. 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; except that, for
purposes of this section, the navigation channel shall be
deemed to have been constructed or improved by non-Federal
interests.
(3) Mississippi River Ship Channel, Chalmette Slip,
Louisiana.
(4) Greenville Inner Harbor Channel, Mississippi.
(5) Providence Harbor Shipping Channel, Rhode Island.
(6) Matagorda Ship Channel, Point Comfort Turning Basin,
Texas.
(7) Corpus Christi Ship Channel, Rincon Canal System,
Texas.
(8) Brazos Island Harbor, Texas, connecting channel to
Mexico.
(9) Blair Waterway, Tacoma Harbor, Washington.
(b) Completion of Assessment.--Within 6 months of receipt
of a request from the 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. 509. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT
REMEDIATION.
Section 401 of the Water Resources Development Act of 1990
(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 is authorized to provide
technical, planning, and engineering assistance to State and
local governments and nongovernmental entities designated by
the 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 Demonstration 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 demonstration projects of promising
techniques to remediate contaminated sediments in freshwater
coastal regions in the Great Lakes basin. The Secretary must
conduct no fewer than 3 full-scale demonstration projects
under this subsection.
``(2) Site selection for demonstration projects.--In
selecting the sites for the technology demonstration
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.
``(3) Deadline for identifications.--Within 18 months after
the date of the enactment of this subsection, the Secretary
shall identify the sites and technologies to be demonstrated
and complete each such full-scale demonstration project
within 3 years after such date of enactment.
``(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.
``(5) Authorizations.--There is authorized to be
appropriated to the Secretary to carry out this section
$5,000,000 for each of fiscal years 1997 through 2000.''.
SEC. 510. 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.
SEC. 511. GREAT LAKES SEDIMENT REDUCTION.
(a) Great Lakes 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, the Secretary, in consultation and
coordination with the Great Lakes States, shall develop a
tributary sediment transport model.
(b) Requirements for Models.--In developing a tributary
sediment transport model under this section, the Secretary
shall--
(1) build upon data and monitoring information generated in
earlier studies and programs of the Great Lakes and their
tributaries; and
(2) complete models for 30 major river systems, either
individually or in combination as part of a set, within the
5-year period beginning on the date of the enactment of this
Act.
SEC. 512. GREAT LAKES CONFINED DISPOSAL FACILITIES.
(a) Assessment.--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. 513. CHESAPEAKE BAY RESTORATION AND PROTECTION PROGRAM.
(a) Establishment.--The Secretary shall establish a pilot
program to provide to non-Federal interests in the Chesapeake
Bay watershed technical, planning, design, and construction
assistance for water-related environmental infrastructure and
resource protection and development projects affecting the
Chesapeake Bay, 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.
(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.
[[Page H8660]]
(c) Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a project cooperation
agreement pursuant to section 221 of the Flood Control Act of
1970 (84 Stat. 1818) with a non-Federal interest to provide
for technical, planning, design, and construction assistance
for the project.
(2) Requirements.--Each agreement entered into pursuant to
this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in consultation
with appropriate Federal, State, and local officials, of a
plan, including appropriate engineering plans and
specifications and an estimate of expected benefits.
(B) Legal and institutional structures.--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) Provision of lands, easements, rights-of-way, and
relocations.--The non-Federal interests for a project to
which this section applies shall provide the lands,
easements, rights-of-way, relocations, and dredged material
disposal areas necessary for the project.
(B) 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, relocations, and dredged material disposal
areas 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 total project costs.
(C) Operation and maintenance costs.--The non-Federal share
of the costs of operation and maintenance of carrying out the
agreement under this section shall be 100 percent.
(e) Applicability of Other Federal and State Laws and
Agreements.--
(1) In general.--Nothing in this section waives, limits, or
otherwise affects the applicability of any provision of
Federal or State law that would otherwise apply to a project
carried out with assistance provided under this section.
(2) Cooperation.--In carrying out this section, the
Secretary shall cooperate with the heads of appropriate
Federal agencies.
(f) 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.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $15,000,000.
SEC. 514. EXTENSION OF JURISDICTION OF MISSISSIPPI RIVER
COMMISSION.
The jurisdiction of the Mississippi River Commission,
established by the first 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
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. 515. ALTERNATIVE TO ANNUAL PASSES.
(a) 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.
(b) Annual Pass.--The evaluation under subsection (a) shall
include the establishment of an annual pass which costs $10
or less for the use of recreation facilities at Raystown
Lake, Pennsylvania.
(c) Report.--Not later than December 31, 1998, the
Secretary shall transmit to Congress a report on the results
of the project carried out under this section, together with
recommendations concerning whether annual passes for
individual projects should be offered on a nationwide basis.
SEC. 516. 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
demonstrating the feasibility of the public-private
cooperative, the Secretary shall provide, at Federal expense,
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 $4,500,000
for fiscal years beginning after September 30, 1996.
(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. 517. 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 new subsection:
``(e) Authorization of Appropriations.--There is 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. 518. 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
``$10,000,000''; and
(2) in paragraph (4) by inserting ``and Virginia'' after
``Maryland''.
SEC. 519. PERIODIC BEACH NOURISHMENT.
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 such
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) Lee county, florida.--Project for shoreline protection,
Lee County, Captiva Island segment, Florida.
(4) Palm beach county, florida.--Project for shoreline
protection, Jupiter/Carlin, Ocean Ridge, and Boca Raton North
Beach segments, Palm Beach County, Florida.
(5) Panama city beaches, florida.--Project for shoreline
protection, Panama City Beaches, Florida.
(6) Tybee island, georgia.--Project for beach erosion
control, Tybee Island, Georgia.
SEC. 520. CONTROL OF AQUATIC PLANTS.
The Secretary shall carry out under section 104(b) of the
River and Harbor Act of 1958 (33 U.S.C. 610(b))--
(1) a program to control aquatic plants in Lake St. Clair,
Michigan; and
(2) program to control aquatic plants in the Schuylkill
River, Philadelphia, Pennsylvania.
SEC. 521. 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 the requirements of this subsection, the
Secretary shall, not later than the earlier of 90 days after
the date of completion of the rehabilitation of the hopper
dredge McFarland pursuant to section 564 of the Water
Resources Development Act of 1996 or October 1, 1997, place
the Federal hopper dredge Wheeler in a ready reserve status.
``(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 this subsection 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 in
the event 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 into
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
[[Page H8661]]
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
pursuant to paragraph (2) is needed to be returned to active
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 which 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 an
active status than was assigned to that vessel in the average
of the 3 prior fiscal years.
``(8) Contracts; payment of capital costs.--The Secretary
may enter into a contract for the maintenance and crewing of
any vessel retained in a ready reserve status. The capital
costs (including depreciation costs) of any vessel 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 vessel is
specifically used in connection with that project.''.
SEC. 522. DESIGN AND CONSTRUCTION ASSISTANCE.
The Secretary shall provide design and construction
assistance to non-Federal interests for the following
projects:
(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 multi-purpose 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. 523. 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. 524. CORPS OF ENGINEERS RESTRUCTURING PLAN.
(a) Division Office, Chicago, Illinois.--The Secretary
shall continue to maintain a division office of the Corps of
Engineers in Chicago, Illinois, notwithstanding any plan
developed pursuant to title I of the Energy and Water
Development Appropriations Act, 1996 (109 Stat. 405) to
reduce the number of division offices. Such division office
shall be responsible for the 5 district offices for which the
division office was responsible on June 1, 1996.
(b) District Office, 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. 525. LAKE SUPERIOR CENTER.
(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 fiscal years beginning after September
30, 1996, $10,000,000 for the construction of the facility
under subsection (a).
SEC. 526. JACKSON COUNTY, ALABAMA.
The Secretary shall 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. The Federal cost of such assistance may
not exceed $5,000,000.
SEC. 527. EARTHQUAKE PREPAREDNESS CENTER OF EXPERTISE
EXTENSION.
The Secretary shall establish an extension of the
Earthquake Preparedness Center of Expertise for the central
United States at an existing district office of the Corps of
Engineers near the New Madrid fault.
SEC. 528. QUARANTINE FACILITY.
Section 108(c) of the Water Resources Development Act of
1992 (106 Stat. 4816) is amended by striking ``$1,000,000''
and inserting ``$4,000,000''.
SEC. 529. 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 new subsection:
``(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. 530. CALAVERAS COUNTY, CALIFORNIA.
(a) Cooperation Agreements.--The Secretary shall enter into
cooperation agreements with non-Federal interests to develop
and carry out, in cooperation with Federal and State
agencies, reclamation and 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.
(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 cooperation agreements entered
into under subsection (a) shall be 75 percent; except that,
with respect to projects located on lands owned by the United
States, the Federal share shall be 100 percent. The non-
Federal share of project costs may be provided in the form of
design and construction services. Non-Federal interests shall
receive credit for the reasonable costs of such services
completed by such interests prior to entering an agreement
with the Secretary for a project.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
projects undertaken under this section.
SEC. 531. FARMINGTON DAM, CALIFORNIA.
(a) Conjunctive Use Study.--The Secretary is directed to
continue participation in the Stockton, California
Metropolitan Area Flood Control study to include the
evaluation of the feasibility of storage of water at
Farmington Dam to implement a conjunctive use plan. In
conducting the study, the Secretary shall consult with the
Stockton East Water District concerning joint operation or
potential transfer of Farmington Dam. The Secretary shall
make recommendations on facility transfers and operational
alternatives as part of the Secretary's report to Congress.
(b) Report.--The Secretary shall report to Congress, no
later than 1 year after the date of the enactment of this
Act, on the feasibility of a conjunctive use plan using
Farmington Dam for water storage.
SEC. 532. 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 shall be 100 percent of separable
first costs and separable operation, maintenance, and
replacement costs associated with the water conservation
purpose.
SEC. 533. PRADO DAM SAFETY IMPROVEMENTS, CALIFORNIA.
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 for
flood control, Santa Ana River Mainstem, California, by
section 401(a) of the Water Resources Development Act of 1986
(100 Stat. 4113).
SEC. 534. SEVEN OAKS DAM, CALIFORNIA.
The non-Federal share for a project to add water
conservation to the Seven Oaks Dam, Santa Ana River Mainstem,
California, project shall be 100 percent of separable first
costs and separable operation, maintenance, and replacement
costs associated with the water conservation purpose.
SEC. 535. MANATEE COUNTY, FLORIDA.
The project for flood control, Cedar Hammock (Wares Creek),
Florida, is authorized to be carried out by the Secretary
substantially in accordance with the Final Detailed Project
Report and Environmental Assessment, dated April 1995, at a
total cost of $13,846,000, with an estimated first Federal
cost of $8,783,000 and an estimated non-Federal cost of
$5,063,000.
SEC. 536. TAMPA, FLORIDA.
The Secretary may enter into a cooperative agreement under
section 230 of this Act 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. 537. 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,
[[Page H8662]]
which includes 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 sediment flow into
Deep River, Turkey Creek, and other tributaries; control of
sediment quality in Lake George; flooding problems; the
safety of the Lake George Dam; and watershed management.
SEC. 538. SOUTHERN AND EASTERN KENTUCKY.
(a) Establishment of Program.--The Secretary shall
establish a program for providing environmental assistance to
non-Federal interests in southern and eastern Kentucky. Such
assistance 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, 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) 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
each such legal and institutional structures as are necessary
to assure the effective long-term operation of the project by
the non-Federal interest.
(3) Cost sharing.--
(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, except that the
non-Federal interest shall receive credit for the reasonable
costs of design work completed by such interest before entry
into the agreement with the Secretary. The Federal share may
be in the form of grants or reimbursements of project costs.
(B) Credit for certain financing costs.--In the event of
delays 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.
(C) 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 for 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.
(D) Operation and maintenance.--Operation and maintenance
costs shall be 100 percent non-Federal.
(d) 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 which would otherwise apply to a project
to be carried out with assistance provided under this
section.
(e) 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.
(f) Southern and Eastern Kentucky Defined.--For purposes of
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.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000.
SEC. 539. LOUISIANA COASTAL WETLANDS RESTORATION PROJECTS.
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), amounts made
available in accordance with section 306 of this title 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. 540. SOUTHEAST LOUISIANA.
(a) Flood Control.--The Secretary is directed to 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 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).
SEC. 541. RESTORATION PROJECTS FOR MARYLAND, PENNSYLVANIA,
AND WEST VIRGINIA.
(a) In General.--
(1) Cooperation agreements.--The Secretary shall enter into
cooperation agreements with non-Federal interests to develop
and carry out, in cooperation with Federal and State
agencies, reclamation and 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 cooperation agreements entered
into under subsection (a)(1) shall be 75 percent; except
that, with respect to projects located on lands owned by the
United States, the Federal share shall be 100 percent. The
non-Federal share of project costs may be provided in the
form of design and construction services. Non-Federal
interests shall receive credit for the reasonable costs of
such services completed by such interests prior to entering
an agreement with the Secretary for a project.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
projects undertaken under subsection (a)(1)(A) and $5,000,000
for projects undertaken under subsection (a)(1)(B).
SEC. 542. CUMBERLAND, MARYLAND.
The Secretary is directed to 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. 543. BENEFICIAL USE OF DREDGED MATERIAL, POPLAR ISLAND,
MARYLAND.
The Secretary shall carry out a project for the beneficial
use of dredged material at Poplar Island, Maryland, pursuant
to section 204 of the Water Resources Development Act of
1992; except that, notwithstanding the limitation contained
in subsection (e) of such section, the initial cost of
constructing dikes for the project shall be $78,000,000, with
an estimated Federal cost of $58,500,000 and an estimated
non-Federal cost of $19,500,000.
SEC. 544. 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. 545. 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 for fiscal years beginning after September
30, 1996, to carry out this section $1,000,000. Such sums
shall remain available until expended.
SEC. 546. 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
damages, improve water quality, and create wildlife habitat
in the Redwood River basin and
[[Page H8663]]
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 Agreement.--In conducting the study and
developing the strategy under this section, the Secretary
shall enter into cooperation agreements to provide financial
assistance to appropriate Federal, State, and local
government agencies, including activities 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. 547. NATCHEZ BLUFFS, MISSISSIPPI.
(a) In General.--The Secretary shall carry out the project
for bluff stabilization, Natchez Bluffs, Natchez,
Mississippi, substantially in accordance with (1) the Natchez
Bluffs Study, dated September 1985, (2) the Natchez Bluffs
Study: Supplement I, dated June 1990, and (3) the Natchez
Bluffs Study: Supplement II, dated December 1993, in the
portions of the bluffs described in subsection (b), 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.
(b) Description of Project Location.--The portions of the
Natchez Bluffs where the project is to be carried out under
subsection (a) are described in the studies referred to in
subsection (a) as--
(1) Clifton Avenue, area 3;
(2) the bluff above Silver Street, area 6;
(3) the bluff above Natchez Under-the-Hill, area 7; and
(4) Madison Street to State Street, area 4.
SEC. 548. 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. 549. MISSOURI RIVER MANAGEMENT.
(a) Navigation Season Extension.--
(1) Increases.--The Secretary, working with the Secretary
of Agriculture and the Secretary of the Interior, shall
incrementally increase the length of each navigation season
for the Missouri River by 15 days from the length of the
previous navigation season and those seasons thereafter,
until such time as the navigation season for the Missouri
River is increased by 1 month from the length of the
navigation season on April 1, 1996.
(2) Application of increases.--Increases in the length of
the navigation season under paragraph (1) shall be applied in
calendar year 1996 so that the navigation season in such
calendar year for the Missouri River begins on April 1, 1996,
and ends on December 15, 1996.
(3) Adjustment of navigation levels.--Scheduled full
navigation levels shall be incrementally increased to
coincide with increases in the navigation season under
paragraph (1).
(b) Water Control Policies Affecting Navigation Channels.--
The Secretary may not take any action which is inconsistent
with a water control policy of the Corps of Engineers in
effect on January 1, 1995, if such action would result in--
(1) a reduction of 10 days or more in the total number of
days in a year during which vessels are able to use
navigation channels; or
(2) a substantial increase in flood damage to lands
adjacent to a navigation channel, unless such action is
specifically authorized by a law enacted after the date of
the enactment of this Act.
(c) Economic and Environmental Impact Evaluation.--Whenever
a Federal department, agency, or instrumentality conducts an
environmental impact statement with respect to management of
the Missouri River system, the head of such department,
agency, or instrumentality shall also conduct a cost benefit
analysis on any changes proposed in the management of the
Missouri River.
SEC. 550. ST. CHARLES COUNTY, MISSOURI, FLOOD PROTECTION.
(a) In General.--Notwithstanding any other provision of law
or 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 any
Federal program suspended, revoked, or otherwise affected
solely due to that county or community 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.
(b) Treatment of Existing Permits.--If any public-sponsored
levee district has received a Federal permit valid during the
Great Flood of 1993 to improve or modify its levee system
before the date of the enactment of this Act, such permit
shall be considered adequate to allow the raising of the
height of levees in such system under subsection (a).
SEC. 551. DURHAM, NEW HAMPSHIRE.
The Secretary may enter into a cooperative agreement under
section 230 of this Act with the University of New Hampshire
to provide technical assistance for a water treatment
technology center addressing the needs of small communities.
SEC. 552. 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. 553. AUTHORIZATION OF DREDGE MATERIAL CONTAINMENT
FACILITY FOR PORT OF NEW YORK/NEW JERSEY.
(a) In General.--The Secretary is authorized to 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 New York/New Jersey. Such
facility may be a near-shore dredged material disposal
facility along the Brooklyn waterfront. The costs associated
with feasibility studies, design, engineering, and
construction shall be shared with the local sponsor in
accordance with the provisions of section 101 of the Water
Resources Development Act of 1986.
(b) Beneficial Use.--After the facility to be constructed
under subsection (a) has been filled to capacity with dredged
material, the Secretary shall maintain the facility for the
public benefit.
SEC. 554. HUDSON RIVER HABITAT RESTORATION, NEW YORK.
(a) Habitat Restoration Project.--The Secretary shall
expedite the feasibility study of the Hudson River Habitat
Restoration, Hudson River Basin, New York, and shall carry
out no fewer than 4 projects for habitat restoration, to the
extent the Secretary determines such work to be technically
feasible. Such projects shall be designed to--
(1) provide a pilot project to assess and improve habitat
value and environmental outputs of recommended projects;
(2) provide a demonstration project to 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 on 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. 555. QUEENS COUNTY, NEW YORK.
(a) Description of Nonnavigable Area.--Subject to
subsections (b) and (c), the area of Long Island City, Queens
County, New York, that--
(1) is not submerged;
(2) lies between the southerly high water line (as of the
date of enactment of this Act) of Anable Basin (also known as
the ``11th Street Basin'') and the northerly high water line
(as of the date of enactment of this Act) of Newtown Creek;
and
(3) extends from the high water line (as of the date of
enactment of this Act) of the East River to the original high
water line of the East River;
is declared to be nonnavigable waters of the United States.
(b) Requirement That Area Be Improved.--
(1) In general.--The declaration of nonnavigability under
subsection (a) shall apply only to those portions of the area
described in subsection (a) that are, or will be, bulkheaded,
filled, or otherwise occupied by permanent structures or
other permanent physical improvements (including parkland).
(2) Applicability of federal law.--Improvements described
in paragraph (1) shall be subject to applicable Federal laws,
including--
(A) sections 9 and 10 of the Act entitled ``An Act making
appropriations for the construction, repair, and preservation
of certain public works on rivers and harbors, and for other
purposes'', approved March 3, 1899 (33 U.S.C. 401 and 403);
(B) section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344); and
(C) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(c) Expiration Date.--The declaration of nonnavigability
under subsection (a) shall expire with respect to a portion
of the area described in subsection (a), if the portion--
(1) is not bulkheaded, filled, or otherwise occupied by a
permanent structure or other permanent physical improvement
(including parkland) in accordance with subsection (b)
[[Page H8664]]
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.
SEC. 556. NEW YORK BIGHT AND HARBOR STUDY.
Section 326(f) of the Water Resources Development Act of
1992 (106 Stat. 4851) is amended by striking ``$1,000,000''
and inserting ``$5,000,000''.
SEC. 557. NEW YORK STATE CANAL SYSTEM.
(a) In General.--The Secretary is authorized to make
capital improvements to the New York State Canal System.
(b) Agreements.--The Secretary shall, with the consent of
appropriate local and State entities, 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 $10,000,000.
SEC. 558. NEW YORK CITY WATERSHED.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program
for providing environmental assistance to non-Federal
interests in the New York City Watershed.
(2) Form.--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 which preserve and enhance the
economic and social character of the watershed communities.
(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 watershed communities
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 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. The Federal share
may be in the form of grants or reimbursements of project
costs.
(2) Interest.--In the event of delays in the reimbursement
of the non-Federal share of a project, the non-Federal
interest shall receive credit for reasonable interest costs
incurred to provide the non-Federal share of a project's
cost.
(3) 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 public owned or controlled
lands, but not to exceed 25 percent of total project costs.
(4) Operation and maintenance.--Operation and maintenance
costs for projects constructed with assistance provided under
this section shall be 100 percent non-Federal.
(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.--For purposes of 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 which
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 $25,000,000.
SEC. 559. OHIO RIVER GREENWAY.
(a) Expedited Completion of Study.--The Secretary is
directed to expedite the completion of the study 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. NORTHEASTERN OHIO.
The Secretary is authorized to provide technical assistance
to local interests for planning the 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 75 percent.
SEC. 561. GRAND LAKE, OKLAHOMA.
(a) Study.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the Army shall carry
out and complete a study of flood control 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
which 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
shall 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 the 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 for fiscal years beginning
after September 30, 1996.
(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. 562. 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.--The Federal share of the cost of the
activities conducted under the cooperative agreement entered
into under subsection (a) shall be 75 percent. 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.''; and
(2) in subsection (c) by striking ``$5,500,000'' and
inserting ``$11,000,000''.
SEC. 563. 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 reallocation will provide environmental restoration
benefits in meeting in-stream flow needs in the Susquehanna
River basin.
SEC. 564. HOPPER DREDGE MCFARLAND.
(a) Project Authorization.--The Secretary is authorized to
carry out a project at
[[Page H8665]]
the Philadelphia Naval Shipyard, Pennsylvania, to make
modernization and efficiency improvements to the hopper
dredge McFarland.
(b) Requirements.--In carrying out the project under
subsection (a), the Secretary shall--
(1) determine whether the McFarland should be returned to
active service or the reserve fleet after the project is
completed; and
(2) establish minimum standards of dredging service to be
met in areas served by the McFarland while the drydocking is
taking place.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
fiscal years beginning after September 30, 1996.
SEC. 565. PHILADELPHIA, PENNSYLVANIA.
(a) Water Works Restoration.--
(1)) In general.--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 for fiscal years
beginning after September 30, 1996.
(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 operation, maintenance,
and rehabilitation of the Schuylkill Navigation Canal at
Manayunk.
(2) Limitation on federal share.--The Federal share of the
cost of the operation, maintenance, and rehabilitation under
paragraph (1) shall not exceed $300,000 annually.
(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.--The Secretary is authorized to provide
technical, planning, design, and construction assistance for
the Schuylkill River Park, Philadelphia, Pennsylvania.
(2) Funding.--There is authorized to be appropriated
$2,700,000 to carry out this subsection.
(d) Pennypack Park.--
(1) Assistance.--The Secretary is authorized to provide
technical, design, construction, and financial assistance for
measures for the improvement and restoration 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 for
fiscal years beginning after September 30, 1996, $15,000,000
to carry out this subsection.
(e) Frankford Dam.--
(1) Cooperation agreements.--The Secretary shall 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 for
fiscal years beginning after September 30, 1996, $900,000, to
carry out this subsection.
SEC. 566. 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 damages, 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 $15,000,000; and
(2) the Susquehanna River watershed upstream of the Chemung
River, New York, at an estimated Federal cost of $10,000,000.
(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
shall enter into cooperation agreements to provide financial
assistance to appropriate Federal, State, and local
government agencies, including activities 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. 567. 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. 568. SOUTHEASTERN PENNSYLVANIA.
(a) Establishment of Program.--The Secretary shall
establish a pilot program for providing environmental
assistance to non-Federal interests in southeastern
Pennsylvania. Such assistance 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,
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) 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
each such legal and institutional structures as are necessary
to assure the effective long-term operation of the project by
the non-Federal interest.
(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 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. The Federal share may be in the form of
grants or reimbursements of project costs.
(B) Interest.--In the event of delays 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.
(C) 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.
(D) Operation and maintenance.--Operation and maintenance
costs for projects constructed with assistance provided under
this section shall be 100 percent non-Federal.
(d) 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 which would otherwise apply to a project
to be carried out with assistance provided under this
section.
(e) 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.
(f) Southeastern Pennsylvania Defined.--For purposes of
this section, the term ``Southeastern Pennsylvania'' means
Philadelphia, Bucks, Chester, Delaware, and Montgomery
Counties, Pennsylvania.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
fiscal years beginning after September 30, 1996. Such sums
shall remain available until expended.
SEC. 569. WILLS CREEK, HYNDMAN, PENNSYLVANIA.
The Secretary shall carry out a project for flood control,
Wills Creek, Borough of Hyndman, Pennsylvania, at an
estimated total cost of $5,000,000. For purposes of section
209 of the Flood Control Act of 1970 (84 Stat. 1829),
benefits attributable to the national economic development
objectives set forth in such section shall include all
primary, secondary, and tertiary benefits attributable to the
flood control project authorized by this section regardless
of to whom such benefits may accrue.
SEC. 570. 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.
[[Page H8666]]
(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. 571. EAST RIDGE, TENNESSEE.
The Secretary shall review the flood management study for
the East Ridge and Hamilton County area undertaken by the
Tennessee Valley Authority and shall carry out the project at
an estimated total cost of $25,000,000.
SEC. 572. MURFREESBORO, TENNESSEE.
The Secretary shall 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. 573. BUFFALO BAYOU, TEXAS.
The non-Federal interest for the projects for flood
control, Buffalo Bayou Basin, Texas, authorized by section
203 of the Flood Control Act of 1954 (68 Stat. 1258), and
Buffalo Bayou and tributaries, Texas, authorized by section
101 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 against 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 the following authorized
projects: White Oak Bayou, Brays Bayou, Hunting Bayou,
Garners Bayou, and the Upper Reach on Greens Bayou.
SEC. 574. SAN ANTONIO RIVER, TEXAS.
Notwithstanding the last sentence of section 215(a) of the
Flood Control Act of 1968 (42 U.S.C. 1962d-5(a)) and the
agreement executed on November 7, 1992, by the Secretary and
the San Antonio River Authority, Texas, the Secretary shall
reimburse the San Antonio River Authority an amount not to
exceed $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. 575. 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. 576. TANGIER ISLAND, VIRGINIA.
The Secretary is directed to 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.
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. 577. 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 and
Tributaries, Texas, authorized by section 101(a) of the Water
Resources Development Act of 1990 (104 Stat. 4610);
(2) 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); and
(3) the project for flood control, Buffalo Bayou Basin,
authorized by section 203 of the Flood Control Act of 1954
(68 Stat. 1258).
SEC. 578. PIERCE COUNTY, WASHINGTON.
(a) Technical Assistance.--The Secretary shall provide
technical assistance to Pierce County, Washington, to address
measures that are necessary to assure that non-Federal 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). Such assistance shall include a review of the
requirements of the Puyallup Tribe of Indians Settlement Act
of 1989 (Public Law 101-41) and standards for project
maintenance and vegetation management used by the Secretary
to determine eligibility for levee rehabilitation assistance
with a view toward amending such standards as needed to make
non-Federal levees eligible for assistance that may be
necessary as a result of future flooding.
(b) Levee Rehabilitation.--The Secretary shall expedite a
review to determine the extent to which requirements of the
Puyallup Tribe of Indians Settlement Act of 1989 limited the
ability of non-Federal interests to adequately maintain
existing non-Federal levees that were damaged by flooding in
1995 and 1996 and, to the extent that such ability was
limited by such Act, the Secretary shall carry out the
rehabilitation of such levees.
SEC. 579. WASHINGTON AQUEDUCT.
(a) Regional Entity.--
(1) In general.--Congress encourages the non-Federal public
water supply customers of the Washington Aqueduct to
establish a non-Federal public or private entity, or to enter
into an agreement with an existing non-Federal public or
private entity, to receive title to the Washington Aqueduct
and to operate, maintain, and manage the Washington Aqueduct
in a manner that adequately represents all interests of such
customers.
(2) Consent of congress.--Congress grants consent to the
jurisdictions which are customers of the Washington Aqueduct
to establish a non-Federal entity to receive title to the
Washington Aqueduct and to operate, maintain, and manage the
Washington Aqueduct.
(3) Limitation on statutory construction.--Nothing in this
subsection shall preclude the jurisdictions referred to in
this subsection from pursuing alternative options regarding
ownership, operation, maintenance, and management of the
Washington Aqueduct.
(b) Progress Report and Plan.--Not later than 1 year after
the date of the enactment of this Act, the Secretary shall
transmit 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 on
the progress in achieving the objectives of subsection (a)
and a plan for the transfer of ownership, operation,
maintenance, and management of the Washington Aqueduct to a
non-Federal public or private entity. Such plan shall include
a transfer of ownership, operation, maintenance, and
management of the Washington Aqueduct that is consistent with
the provisions of this section and a detailed consideration
of any proposal to transfer such ownership or operation,
maintenance, or management to a private entity.
(c) Transfer.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall transfer,
without consideration but subject to such terms and
conditions as the Secretary considers appropriate to protect
the interests of the United States and the non-Federal public
water supply customers, all right, title, and interest of the
United States in the Washington Aqueduct, its real property,
facilities, equipment, supplies, and personalty--
(A) to a non-Federal public or private entity established
pursuant to subsection (a); or
(B) in the event no entity is established pursuant to
subsection (a), a non-Federal public or private entity
selected by the Secretary which reflects, to the extent
possible, a consensus among the non-Federal public water
supply customers.
(2) Transferee selection criteria.--The selection of a non-
Federal public or private entity under paragraph (1)(B) shall
be based on technical, managerial, and financial capabilities
and on consultation with the non-Federal public water supply
customers and after opportunity for public input.
(3) Assumption of responsibilities.--The entity to whom
transfer under paragraph (1) is made shall assume full
responsibility for performing and financing the operation,
maintenance, repair, replacement, rehabilitation, and
necessary capital improvements of the Washington Aqueduct so
as to ensure the continued operation of the Washington
Aqueduct consistent with its intended purpose of providing an
uninterrupted supply of potable water sufficient to meet the
current and future needs of the Washington Aqueduct service
area.
(4) Extension.--Notwithstanding the 2-year deadline
established in paragraph (1), the Secretary may provide a 1-
time 6-month extension of such deadline if the Secretary
determines that the non-Federal public water supply customers
are making progress in establishing an entity pursuant to
subsection (a) and that such an extension would likely result
in the establishment of such an entity.
(d) Interim Borrowing Authority.--
(1) In general.--Subject to paragraph (2), there is
authorized to be appropriated to the Secretary for fiscal
years 1997 and 1998 borrowing authority in amounts sufficient
to cover those obligations which the Army Corps of Engineers
is required to incur in carrying out capital improvements
during such fiscal years for the Washington Aqueduct to
assure its continued operation until such time as the
transfer under subsection (c) has taken place, provided that
such amounts do not exceed $16,000,000 for fiscal year 1997
and $54,000,000 for fiscal year 1998.
(2) Terms and conditions.--The borrowing authority under
paragraph (1) shall be provided to the Secretary by the
Secretary of the Treasury under such terms and conditions as
the Secretary of the Treasury determines to be necessary in
the public interest and may be provided only after each of
the non-Federal public water supply customers of the
Washington Aqueduct has entered into a contractual agreement
with the Secretary to pay its pro rata share of the costs
associated with such borrowing.
(3) Impact on improvement program.--Not later than 6 months
after the date of the enactment of this Act, the Secretary,
in consultation with other Federal agencies, shall transmit
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 that assesses the
impact of the borrowing authority provided under this
subsection on near-term improvement projects under the
Washington Aqueduct Improvement Program, work scheduled
during fiscal years 1997 and 1998, and the financial
liability to be incurred.
[[Page H8667]]
(e) Definitions.--For purposes of this section, the
following definitions apply:
(1) Washington aqueduct.--The term ``Washington Aqueduct''
means the Washington Aqueduct facilities and related
facilities owned by the Federal Government as of the date of
the enactment of this Act, including the dams, intake works,
conduits, and pump stations that capture and transport raw
water from the Potomac River to the Dalecarlia Reservoir, the
infrastructure and appurtenances used to treat water taken
from the Potomac River by such facilities to potable
standards, and related water distributions facilities.
(2) Non-federal public water supply customers.--The term
``non-Federal public water supply customers'' means the
District of Columbia, Arlington County, Virginia, and the
city of Falls Church, Virginia.
SEC. 580. GREENBRIER RIVER BASIN, WEST VIRGINIA, FLOOD
PROTECTION.
(a) In General.--The Secretary is directed to 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 those communities a
level of protection against flooding sufficient to reduce
future losses to these 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 flood proofing; and
(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) Considerations.--For purposes of section 209 of the
Flood Control Act of 1970 (84 Stat. 1829), benefits
attributable to the national economic development objectives
set forth therein shall include all primary, secondary, and
tertiary benefits attributable to the flood damage reduction
program authorized by this section regardless to whomever
they might accrue.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
fiscal years beginning after September 30, 1996.
SEC. 581. HUNTINGTON, WEST VIRGINIA.
The Secretary may enter into a cooperative agreement with
Marshall University, Huntington, West Virginia, to provide
technical assistance to the Center for Environmental,
Geotechnical and Applied Sciences.
SEC. 582. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
The Secretary shall review 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 shall carry
out the project.
SEC. 583. WEST VIRGINIA AND PENNSYLVANIA FLOOD CONTROL.
(a) In General.--The Secretary shall design and construct
flood control measures in the Cheat and Tygart River Basins,
West Virginia, and the Lower Allegheny, Lower Monongahela,
West Branch Susquehana, and Juanita 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 100 year level of
protection.
(b) Priority Communities.-- In implementing this section,
the Secretary shall give priority to the communities of
Parsons and Rowlesburg, West Virginia, in the Cheat River
Basin and Bellington and Phillipi, West Virginia, in the
Tygart River Basin, and Connellsville, Pennsylvania, in the
Lower Monongahela River Basin, and Benson, Hooversville,
Clymer, and New Bethlehem, Pennsylvania, in the Lower
Allegheny River Basin, and Patton, Barnesboro, Coalport and
Spangler, Pennsylvania, in the West Branch Susquehanna River
Basin, and Bedford, Linds Crossings, and Logan Township in
the Juniata River Basin.
(c) Considerations.--For purposes of section 209 of the
Flood Control Act of 1970, benefits attributable to the
national economic development objectives set forth in such
section shall include all primary, secondary, and tertiary
benefits attributable to the flood control measures
authorized by this section regardless of to whom such
benefits may accrue.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
fiscal years beginning after September 30, 1996.
SEC. 584. 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 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.
SEC. 585. NATIONAL CENTER FOR NANOFABRICATION AND MOLECULAR
SELF-ASSEMBLY.
(a) In General.--The Secretary is authorized to provide
financial assistance for not to exceed 50 percent of the
costs of the necessary fixed and movable equipment for a
National Center for Nanofabrication and Molecular Self-
Assembly to be located in Evansville, Illinois.
(b) Terms and Conditions.--No financial assistance may be
provided under this section unless an application is made to
the Secretary at such time, in such manner, and containing or
accompanied by such information as the Secretary may require.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $7,000,000 for
fiscal years beginning after September 30, 1996 .
SEC. 586. 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. 587. PRADO DAM, CALIFORNIA.
(a) Separable Element Review.--
(1) Review.--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 that term is defined in
section 103(f) of such Act.
(2) Modification of cost-sharing requirement.--If the Prado
Dam feature is determined to be a separable element under
paragraph (1), the Secretary shall reduce the non-Federal
cost-sharing requirement for such feature in accordance with
section 103(a)(3) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(a)(3)) 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) Dam Safety Adjustment.--Not later than 6 months after
the date of the enactment of this Act, the Secretary shall
determine the estimated costs associated with dam safety
improvements that would have been required in the absence of
flood control improvements authorized for the Santa Ana River
Mainstem project referred to in subsection (a) and shall
reduce the non-Federal share for the Prado Dam feature of
such project by an amount equal to the Federal share of such
dam safety improvements, updated to current price levels.
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 (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),''.