101st CONGRESS
2d Session
S. 2740
AMENDMENT
S 2740 EAH
In the House of Representatives, U. S.,
September 26, 1990.
Resolved, That the bill from the Senate (S. 2740) entitled `An Act
to provide for the conservation and development of water and related
resources, to authorize the United States Army Corps of Engineers civil
works program to construct various projects for improvements to the
Nation's infrastructure, and for other purposes', do pass with the following
AMENDMENT:
Strike out all after the enacting clause, and insert:

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(a) SHORT TITLE- This Act may be cited as the `Water Resources Development
Act of 1990'.
(b) TABLE OF CONTENTS-

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For purposes of this Act, the term `Secretary' means the Secretary of
the Army.

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(a) PROJECTS WITH REPORT OF THE CHIEF OF ENGINEERS- Except as provided in
this subsection, the following projects for water resources development
and conservation and other purposes are authorized to be carried out by
the Secretary substantially in accordance with the plans, and subject
to the conditions, recommended in the respective reports designated in
this subsection:
(1) BAYOU LA BATRE, ALABAMA- The project for navigation for Bayou La
Batre, Alabama: Report of the Chief of Engineers, dated August 3, 1989,
at a total cost of $16,230,000, with an estimated first Federal cost of
$4,490,000 and an estimated first non-Federal cost of $11,740,000.
(2) HOMER SPIT, ALASKA- The project for storm damage prevention, Homer
Spit, Alaska: Report of the Chief of Engineers, dated June 28, 1990,
at a total cost of $4,700,000, with an estimated first Federal cost of
$3,050,000 and an estimated first non-Federal cost of $1,650,000.
(3) CLIFTON, SAN FRANCISCO RIVER, ARIZONA- The project for flood control
on the San Francisco River at Clifton, Arizona, authorized by section
401(d) of the Water Resources Development Act of 1986 (100 Stat. 4130), is
modified to authorize the Secretary to construct the project substantially
in accordance with the report of the Chief of Engineers, dated September 6,
1988, at a total cost of $12,510,000, with an estimated first Federal cost
of $9,150,000 and an estimated first non-Federal cost of $3,360,000.
(4) NOGALES WASH AND TRIBUTARIES, ARIZONA- The project for flood control,
Nogales Wash and tributaries, Arizona: Report of the Chief of Engineers,
dated February 28, 1989, at a total cost of $11,100,000, with an estimated
first Federal cost of $8,300,000 and an estimated first non-Federal cost
of $2,800,000. The Secretary shall cooperate with the Government of Mexico
as necessary to provide for flood warning gauges in Mexico.
(5) COYOTE AND BERRYESSA CREEKS, CALIFORNIA- The project for flood control,
Coyote and Berryessa Creeks, California: Report of the Chief of Engineers,
dated February 7, 1989, at a total cost of $56,300,000, with an estimated
first Federal cost of $39,000,000 and an estimated first non-Federal cost
of $17,300,000.
(6) OCEANSIDE HARBOR, CALIFORNIA- The project for navigation and storm damage
reduction, Oceanside Harbor, California: Report of the Chief of Engineers,
dated May 21, 1990, at a total cost of $5,100,000, with an estimated
first Federal cost of $3,350,000 and an estimated first non-Federal cost
of $1,750,000.
(7) VENTURA HARBOR, CALIFORNIA- The project for navigation, Ventura
Harbor, California: Report of the Chief of Engineers, dated June 5, 1990,
at a total cost of $6,455,000, with an estimated first Federal cost of
$5,175,000 and an estimated first non-Federal cost of $1,280,000.
(8) MARTIN COUNTY, FLORIDA- The project for storm damage reduction, Martin
County, Florida: Report of the Chief of Engineers dated November 20, 1989,
at a total first cost of $9,400,000, with an estimated first Federal cost
of $3,850,000 and an estimated first non-Federal cost of $5,550,000.
(9) MIAMI HARBOR CHANNEL, FLORIDA- The project for navigation, Miami Harbor
Channel, Florida: Report of the Chief of Engineers dated September 25,
1989, at a total cost of $67,100,000, with an estimated first Federal cost
of $42,810,000 and an estimated first non-Federal cost of $24,290,000.
(10) MCALPINE LOCK AND DAM, INDIANA AND KENTUCKY- The project for
navigation, McAlpine Lock and Dam, Indiana and Kentucky: Report of the
Chief of Engineers, dated June 29, 1990, at a total cost of $219,600,000,
with a first Federal cost of $219,600,000. The Federal share of costs of
construction of the project is to be paid one-half from amounts appropriated
from the general fund of the Treasury and one-half from amounts appropriated
from the Inland Waterways Trust Fund.
(11) FORT WAYNE, ST. MARY'S AND MAUMEE RIVERS, INDIANA- The project for
flood control, Fort Wayne, St. Mary's and Maumee Rivers, Indiana: Report of
the Chief of Engineers, dated May 1, 1989, at a total cost of $35,618,400,
with an estimated first Federal cost of $26,493,000 and an estimated first
non-Federal cost of $9,125,400.
(12) ALOHA-RIGOLETTE, LOUISIANA- The project for flood control,
Aloha-Rigolette Area, Louisiana: Report of the Chief of Engineers dated April
11, 1990, at a total cost of $8,283,000, with an estimated first Federal
cost of $6,212,000 and an estimated first non-Federal cost of $2,071,000.
(13) BOSTON HARBOR, MASSACHUSETTS- The project for navigation, Boston
Harbor, Massachusetts: Report of the Chief of Engineers, dated May 11,
1989, at a total cost of $26,200,000, with an estimated first Federal cost
of $16,230,000 and an estimated first non-Federal cost of $9,970,000.
(14) ECORSE CREEK, WAYNE COUNTY, MICHIGAN- The project for flood control,
Ecorse Creek, Wayne County, Michigan: Report of the Chief of Engineers,
dated August 8, 1989, at a total cost of $9,296,000, with an estimated
first Federal cost of $6,754,000 and an estimated first non-Federal cost
of $2,542,000.
(15) GREAT LAKES CONNECTING CHANNELS AND HARBORS, MICHIGAN AND MINNESOTA-
The project for navigation, Great Lakes Connecting Channels and Harbors,
Michigan and Minnesota: Report of the Chief of Engineers, dated January 30,
1990, at a total cost of $13,148,400, with an estimated first Federal cost
of $8,791,700 and an estimated first non-Federal cost of $4,356,700.
(16) COLDWATER CREEK, MISSOURI- The project for flood control, Coldwater
Creek, Missouri: Report of the Chief of Engineers, dated August 9, 1988,
at a total cost of $22,829,000, with an estimated first Federal cost of
$15,496,000 and an estimated first non-Federal cost of $7,333,000.
(17) RIVER DES PERES, MISSOURI- The project for flood control, River Des
Peres, Missouri: Report of the Chief of Engineers, dated May 23, 1989,
at a total cost of $21,318,000, with an estimated first Federal cost of
$15,846,000 and an estimated first non-Federal cost of $5,472,000.
(18) PASSAIC RIVER MAIN STEM, NEW JERSEY AND NEW YORK-
(A) FLOOD CONTROL ELEMENTS-
(i) IN GENERAL- The project for flood control, Passaic River Main Stem, New
Jersey and New York: Report of the Chief of Engineers, dated February 3,
1989, except that the main diversion tunnel shall be extended to include
the outlet to Newark Bay, New Jersey, at a total cost of $1,200,000,000,
with an estimated first Federal cost of $890,000,000 and an estimated
first non-Federal cost of $310,000,000.
(ii) DESIGN AND CONSTRUCTION- The Secretary shall design and construct
the project in accordance with the Newark Bay tunnel outlet alternative
described in the Phase I General Design Memorandum of the District Engineer
dated December 1987. As such, the main diversion tunnel shall be extended
approximately six and one-half miles to outlet in Newark Bay, the nine levee
systems in Bergen, East Essex, and Passaic Counties which were associated
with the eliminated Third River tunnel outlet shall be excluded from the
project, and no dikes or levees shall be constructed or necessitated along
the Passaic River in Bergen County in connection with the project. With
the Newark Bay tunnel outlet project, all acquisition, use, condemnation,
or requirement for parklands or properties in connection with the excluded
nine levee systems and the eliminated Third River tunnel outlet works, and
any other acquisition, use or condemnation, or requirement for parkland
or properties in Bergen County in connection with the project, shall be
prohibited. The Secretary shall certify to the House of Representatives
Committee on Public Works that no detrimental flood impact, as a result
of the project, shall accrue in Bergen County.
(iii) APPLICABILITY OF COST SHARING- Except as otherwise provided in this
paragraph, the total project, including the extension to Newark Bay,
shall be subject to cost sharing in accordance with section 103 of the
Water Resources Development Act of 1986.
(iv) OPERATION AND MAINTENANCE- The non-Federal sponsor shall maintain and
operate the project after its completion in accordance with the regulations
prescribed by the Secretary; except that the Secretary shall operate and
maintain the diversion tunnels element, including inlet and outlet works,
at full Federal expense.
(v) CREDIT FOR NON-FEDERAL WORK- In recognition of the State of New Jersey's
commitment to the project on June 28, 1984, all work subsequently completed
by the State or other non-Federal interests which is either compatible with
or complementary to the project shall be considered as part of the project
and shall be credited by the Secretary toward the non-Federal share of
the cost of the project. Such work shall include, but not be limited to,
those activities specified in the letter of the New Jersey Department of
Environmental Protection, dated December 9, 1988, to the Office of the
Chief of Engineers. However, only the portion of such work that meets the
guidelines established under section 104 of the Water Resources Development
Act of 1986 shall be considered as project costs for economic purposes. In
applying such section 104 to the project, the Secretary shall likewise
consider work carried out by non-Federal interests after June 28, 1984,
and before the date of the enactment of this Act that otherwise meets the
requirements of such section 104.
(B) STREAMBANK RESTORATION MEASURES- The project shall include the
construction of environmental and other streambank restoration measures
(including bulkheads, recreation, greenbelt, and scenic overlook facilities)
on the west bank of the Passaic River between Bridge and Jackson Streets
in the city of Newark, New Jersey, at a total cost of $6,000,000. The
non-Federal share of the project element authorized by this subparagraph
shall be 25 percent. The value of the lands, easements, and rights-of-way
provided by non-Federal interests shall be credited to the non-Federal
share. Construction of the project element authorized by this subparagraph
may be undertaken in advance of the other project features and shall not
await implementation of the overall project.
(C) WETLANDS BANK-
(i) ESTABLISHMENT- The State of New Jersey shall establish a Passaic River
Central Basin Wetlands Bank (hereinafter in this paragraph referred to as
the `Wetlands Bank') to be comprised of lands which are acquired before,
on, or after the date of the enactment of this Act by the State or any
other non-Federal interest and which lie within the Passaic River Central
Basin, New Jersey, natural storage area discussed in the report of the
Chief Engineers and the Phase I General Design Memorandum.
(ii) USE- The Wetlands Bank shall be available for mitigation purposes
required under Federal or State law with respect to non-Federal activities
carried out in the State.
(iii) COMPENSATION- The State may receive compensation for making lands
available under clause (ii).
(iv) STATE OWNERSHIP AND OPERATION- The State shall continue to own and
operate, consistent with the purposes of the project authorized by this
paragraph, lands made available for mitigation purposes under clause (ii).
(v) ACQUISITION OF ADDITIONAL LANDS- The State or other non-Federal
interests may acquire for the Wetlands Bank additional lands which are
in, adjacent to, or provide drainage for runoff and streamflows into the
storage area described in clause (i) and may use funds provided by sources
other than the State for such purpose. Such lands shall include transition
and buffer areas adjacent to the Central Basin natural storage wetlands,
and other Passaic River Basin areas, including the Rockaway, Pequannock,
Ramapo, and Wanaque River watershed areas.
(vi) CREDIT- The fair market value of lands acquired by the State or other
non-Federal interests in the storage area described in clause (i) before,
on, or after the date of the enactment of this Act, the fair market value
of lands acquired for the Wetlands Bank under clause (v) before, on,
or after such date of enactment, and the costs incurred by the State or
other non-Federal interests in converting any of such lands to wetlands
shall be credited to the non-Federal share of the project authorized by
this paragraph.
(vii) TREATMENT OF ACQUIRED LANDS- Lands acquired by the State for the
Wetlands Bank shall not be treated as a project cost for purposes of
economic evaluation of the project.
(19) RIO DE LA PLATA, PUERTO RICO- The project for flood control, Rio De
La Plata, Puerto Rico: Report of the Chief of Engineers, dated January 3,
1989, at a total cost of $58,968,000, with an estimated first Federal cost
of $35,900,000 and an estimated first non-Federal cost of $23,068,000.
(20) MYRTLE BEACH, SOUTH CAROLINA- The project for storm damage reduction,
Myrtle Beach, South Carolina: Report of the Chief of Engineers, dated March
2, 1989, at a total cost of $59,730,000, with an estimated first Federal
cost of $38,820,000 and an estimated first non-Federal cost of $20,910,000.
(21) BUFFALO BAYOU AND TRIBUTARIES, TEXAS- The project for flood control,
Buffalo Bayou and tributaries, Texas: Report of the Chief of Engineers
dated February 12, 1990, at a total cost of $727,364,000, with an estimated
first Federal cost of $403,359,500 and an estimated first non-Federal cost
of $324,004,500.
(22) RAY ROBERTS LAKE, GREENBELT, TEXAS- The multiple purpose project, Ray
Roberts Lake, Greenbelt, Texas, authorized by section 301 of the Rivers and
Harbors Act of 1965, is modified to authorize the Secretary to construct
recreation features substantially in accordance with the Report of the
Chief of Engineers, dated December 24, 1987, at a total cost of $8,503,000,
with an estimated first Federal cost of $3,189,000 and an estimated first
non-Federal cost of $5,314,000.
(23) UPPER JORDAN RIVER, UTAH- The project for flood control, Upper Jordan
River, Utah: Report of the Chief of Engineers, dated November 16, 1988,
at a total cost of $7,900,000, with an estimated first Federal cost of
$5,200,000 and an estimated first non-Federal cost of $2,700,000.
(24) BUENA VISTA, VIRGINIA- The project for flood control, Buena Vista,
Virginia: Report of the Chief of Engineers, dated June 27, 1990, at a total
cost of $55,100,000, with an estimated first Federal cost of $41,300,000
and an estimated first non-Federal cost of $13,800,000.
(25) PETERSBURG, WEST VIRGINIA- The project for flood control, Petersburg,
West Virginia: Report of the Chief of Engineers, dated June 29, 1990,
at a total cost of $17,904,000, with an estimated first Federal cost of
$10,044,000 and an estimated first non-Federal cost of $7,860,000.
(b) PROJECTS SUBJECT TO FAVORABLE REPORT OF THE CHIEF OF ENGINEERS-
The following projects are authorized to be prosecuted by the Secretary
substantially in accordance with the plans and subject to the conditions
recommended in the respective reports cited with such modifications as
are recommended in a final report of the Chief of Engineers and approved
by the Secretary and with such other modifications as are recommended
by the Secretary (and if no report is cited for a project the project is
authorized to be prosecuted by the Secretary in accordance with a final
report of the Chief of Engineers and with such other modifications as are
recommended by the Secretary) and no construction on such a project may
be initiated until such a report of the Chief of Engineers is issued:
(1) LOS ANGELES COUNTY DRAINAGE AREA, CALIFORNIA- The project for flood
control, Los Angeles County drainage area, California, at a total cost of
$327,000,000, with an estimated first Federal cost of $163,500,000 and an
estimated first non-Federal cost of $163,500,000.
(2) MORRO BAY, CALIFORNIA- The project for navigation, Morro Bay, California,
to extend and deepen the entrance channel for Morro Bay Harbor to a depth
of 40 feet and thereafter maintain such channel at such depth, at a total
cost of $1,900,000.
(3) NORCO BLUFFS, CALIFORNIA- The project for bank stabilization and
erosion control, Norco Bluffs, California, at a total cost of $10,000,000.
(4) JEFFERSON PARISH, LOUISIANA- The project for hurricane protection,
Jefferson Parish, Louisiana, at a total cost of $250,000,000, with an
estimated first Federal cost of $166,500,000 and an estimated first
non-Federal cost of $83,500,000.
(5) LOCKS AND DAMS 2 AND 3, MONONGAHELA RIVER, PENNSYLVANIA- The project
for navigation, Locks and Dams 2 and 3, Monongahela River, Pennsylvania,
including replacement of locks and dams and related improvements as
appropriate, at a total cost of $450,000,000, with a first Federal cost of
$450,000,000. The Federal share of cost of construction of the project is
to be paid one-half from amounts appropriated from the general fund of the
Treasury and one-half from amounts appropriated from the Inland Waterways
Trust Fund.
(6) MARMET LOCK AND DAM, KANAWHA RIVER, WEST VIRGINIA- The project for
navigation, Marmet Lock and Dam, Kanawha River, West Virginia, at a total
cost of $300,000,000, with a first Federal cost of $300,000,000. The Federal
share of cost of construction of the project is to be paid one-half from
amounts appropriated from the general fund of the Treasury and one-half
from amounts appropriated from the Inland Waterways Trust Fund.

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(a) MARKET FEASIBILITY PROGRAM- The Secretary, in cooperation with
non-Federal interests, is authorized to carry out, during the 3-year period
beginning on the date of the enactment of this Act, a market feasibility
program for the purpose of determining what opportunities exist for private
sector development of facilities for water, waste management, and energy
generation and other critical support facilities.
(b) COOPERATIVE AGREEMENTS- To carry out subsection (a), the Secretary may
enter into cooperative agreements with non-Federal entities, including
State and local governments, colleges and universities, corporations,
partnerships, sole proprietorships, and trade associations which are
incorporated or established under the laws of a State, the District of
Columbia, or a territory or possession of the United States. The Secretary
may not agree to provide more than 50 percent of the costs incurred under
such an agreement.
(c) REPORT- Not later than 3 years after the date of the enactment of this
Act, the Secretary shall report to Congress on implementation of this
section. Such report shall include any recommendations of the Secretary
concerning modification and extension of the program carried out under
this section.
(d) AUTHORIZATION OF APPROPRIATION- There is authorized to be appropriated
$5,000,000 to carry out this section.

262a9221e0ff14cedd95db52581fea6455e751e554bae059ca7edf4287bc70b2

Section 105(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2215(b)) is amended by adding at the end the following new sentence:
`This subsection shall not apply to planning and engineering of projects
for which non-Federal interests contributed 50 percent of the cost of the
feasibility study.'.

79126c1c3f98d08f7b51604fd5cdb754e95d4b675dd0a599061cbea6f941313d

Section 210(a) of the Water Resources Development Act of 1986 (33
U.S.C. 2238(a)) is amended by striking paragraph (2) and inserting the
following:
`(2) not more than 100 percent of the eligible operation and maintenance
costs assigned to commercial navigation of all harbors and inland harbors
within the United States.'.

83045ada95ff74c842e30a6cf69fe99253ec08f3cad86725693b9646c46a21d4

The first sentence of 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--
(1) by striking `flood emergency preparation,' and inserting `preparation
for emergency response to any natural disaster,'; and
(2) by striking the period at the end and inserting the following: `; or
for emergency dredging for restoration of authorized project depths for
Federal navigable channels and waterways made necessary by flood, drought,
earthquake, or other natural disaster.'.

e466ead0c8ed2e9aa00ef62a08dfcf7551c4e3a70bae080b6384f12d4f0dd2f4

(a) TRANSMISSION OF HARBOR IMPROVEMENT STUDIES TO NON-FEDERAL INTERESTS-
Section 204(c) of the Water Resources Development Act of 1986 (33
U.S.C. 2232(c)) is amended by inserting after the first sentence
the following new sentence: `The Secretary is further authorized to
complete and transmit to the appropriate non-Federal interest any study
for improvement to harbors or inland harbors of the United States that is
initiated pursuant to section 107 of the River and Harbor Act of 1960 or,
upon request of such non-Federal interest, to terminate such study and
transmit such partially completed study to the non-Federal interest.'.
(b) REIMBURSEMENT- Section 204 of such Act is amended--
(1) by redesignating the second subsection (e) and subsection (f) as
subsections (f) and (g), respectively;
(2) in paragraph (1) of the first subsection (e) by inserting `including
any small navigation project approved pursuant to section 107 of the River
and Harbor Act of 1960,' after `or separable element thereof,'; and
(3) in paragraph (1)(A) of the first subsection (e) by inserting `(or, in the
case of a small navigation project, after completion of a favorable project
report by the Corps of Engineers)' after `authorization of the project'.

3cc9aa47346f10bfa63e1b9f4add51741f75f1ac7d96e1e2b3c108d4261c1d2c

(a) REVIEW OF PROJECT OPERATIONS- Section 1135(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2294 note), is amended by striking
`before the date of enactment of this Act'.
(b) MODIFICATION PROGRAM- Section 1135(b) of such Act is amended--
(1) by striking `demonstration program in the 5-year period beginning on
the date of enactment of this Act' and inserting `program'; and
(2) by striking `before the date of enactment of this Act'.
(c) REPORT- Section 1135(d) of such Act as amended to read as follows:
`(d) BIENNIAL REPORT- Beginning in 1992 and every 2 years thereafter, the
Secretary shall transmit to Congress a report on the results of reviews
conducted under subsection (a) and on the program conducted under subsection
(b).'.
(d) FUNDING- Section 1135(e) of such Act is amended by striking `$25,000,000
to carry out this section.' and inserting `$15,000,000 annually to carry
out this section.'.

32fd47ce9d49503473053cb1fe1e5c7b6ff7ec5832be6cb0d318b1a3c21cc4e2

Section 103(m) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(m)) is amended to read as follows:
`(m) ABILITY TO PAY-
`(1) GENERAL RULE- Any cost-sharing agreement under this section for flood
control or water supply shall be subject to the ability of a non-Federal
interest to pay.
`(2) PROCEDURES-
`(A) IN GENERAL- The ability of any non-Federal interest to pay shall be
determined by the Secretary in accordance with procedures established by
the Secretary.
`(B) LIMITATIONS- The procedures established pursuant to this subsection
shall not prescribe a minimum non-Federal share and shall allow for
situations in which no cash contribution is required from the non-Federal
interest; except that nothing in this subsection shall affect the
requirements of a non-Federal interest to provide all lands, easements,
rights-of-way, dredged material disposal areas, and relocations pursuant to
this section. In addition, such procedures shall provide for determination
of the eligibility of the non-Federal interest for a reduction in the
required cash contribution on the basis of local, not statewide, economic
data and for consideration of reductions in non-Federal cash contributions
without regard to project benefit-to-cost ratio.
`(C) REGULATIONS- Not later than the 180th day following the date of the
enactment of this subparagraph, the Secretary shall issue regulations
establishing the procedures required by this paragraph.'.

06bdf08073c9466e60045d0eb1162914ca3c3babba4fa75e4e6e064d00dad184

(a) GENERAL RULE- The Secretary shall include environmental protection
as one of the primary missions of the Corps of Engineers in planning,
designing, constructing, operating, and maintaining water resources projects.
(b) LIMITATION- Nothing in this section affects--
(1) existing Corps of Engineers' authorities, including its authorities
with respect to navigation and flood control;
(2) pending Corps of Engineers permit applications or pending lawsuits
involving permits or water resources projects; or
(3) the application of public interest review procedures for Corps of
Engineers permits.
(c) REPORT- The Secretary shall, not later than January 1, 1992, and on
a biennial basis thereafter, transmit to the Committee on Public Works
and Transportation of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report on the implementation
of this section, including--
(1) specific measures taken and agency resources committed to carry out
the purposes of this section;
(2) any legal, funding, or policy obstacles encountered or anticipated; and
(3) recommendations for administrative and legislative measures to further
the purposes of this section.

21a7326bc42973f8486d9e4d991f5de634334c8822d1636052c16611a1dc184a

(a) GOALS AND ACTION PLAN-
(1) GOALS- There is established, as part of the Corps of Engineers water
resources development program, an interim goal of no overall net loss of
the Nation's remaining wetlands base, as defined by acreage and function,
and a long-term goal to increase the quality and quantity of the Nation's
wetlands, as defined by acreage and function.
(2) USE OF AUTHORITIES- The Secretary shall utilize all appropriate
authorities, including those to restore and create wetlands, in meeting
the interim and long-term goals.
(3) ACTION PLAN-
(A) DEVELOPMENT- The Secretary shall develop, in consultation with the
Environmental Protection Agency, the Fish and Wildlife Service, and other
appropriate Federal agencies, a wetlands action plan to achieve the goals
established by this subsection as soon as possible.
(B) CONTENTS- The plan shall include and identify actions to be taken by
the Secretary in achieving the goals and any new authorities which may be
necessary to accelerate attainment of the goals.
(C) COMPLETION DEADLINE- The Secretary shall complete the plan not later
than 1 year after the date of enactment of this Act.
(b) RESTORATION AND CREATION-
(1) RESTORATION OF WETLANDS- The Secretary is authorized and directed to
carry out demonstration projects to restore and create wetlands that will
contribute to attainment of the goals established by subsection (a). Projects
undertaken pursuant to this section are not intended to satisfy mitigation
of past, ongoing, or future wetlands alterations under section 404 of the
Federal Water Pollution Control Act and section 10 of the Act of March 3,
1899 (33 U.S.C. 401 and 403), commonly known as the Rivers and Harbors Act
of 1899, but instead to develop technical information to provide greater
assurances that wetlands restoration and creation projects succeed.
(2) PROJECT ELEMENTS- Elements of projects conducted under this subsection
shall include--
(A) defining wetland functions which are expected to be restored and
maintained giving due consideration to site specific conditions;
(B) conducting research to establish the critical relationships between
the land, water, and biotic factors responsible for the defined wetland
functions;
(C) establishing and reporting design and construction procedures necessary
to create the defined wetland functions throughout similar climatic areas
and identify and report on these wetland functions;
(D) creating or restoring sustainable wetlands which will serve as examples
of the benefits and aesthetics of wetland landscapes; and
(E) securing a long-term commitment from a non-Federal interest for the
maintenance of the wetlands following the conclusion of the research work.
(3) COORDINATION- The Secretary shall coordinate with the Environmental
Protection Agency, the Tennessee Valley Authority, the Department of
the Interior, the Department of Commerce, the Department of Agriculture,
States, and others in conducting projects under this subsection.
(4) REPORT- The Secretary shall report every 2 years to Congress on projects
conducted under this subsection.
(c) CONSTRUCTED WETLANDS FOR WASTEWATER TREATMENT-
(1) ESTABLISHMENT OF PROGRAM- The Secretary is authorized and directed to
establish and carry out a program to evaluate and demonstrate (A) the use
of constructed wetlands for wastewater treatment, and (B) methods by which
such projects contribute (i) to meeting the objective of the Federal Water
Pollution Control Act to restore and maintain the physical, chemical,
and biological integrity of the Nation's waters, and (ii) to attaining
the goals established by subsection (a).
(2) PROJECTS-
(A) IN GENERAL- The Secretary shall conduct, in geographically diverse
regions of the Nation, research and pilot projects utilizing constructed
wetlands with a total treatment capacity of not to exceed 200,000,000
gallons per day to determine the technical and economic feasibility of
using constructed wetlands systems to treat wastewater from point and
nonpoint sources.
(B) RURAL COMMUNITY EMPHASIS- Emphasis shall be given to siting projects in
small and rural communities either lacking wastewater treatment facilities
or with substandard facilities.
(C) MUD CREEK- Notwithstanding any other provision of law, the Secretary
shall conduct a project under this subsection to improve the quality of
effluent discharged from publicly owned treatment works operated by the
city of Fayetteville, Arkansas, into Mud Creek or its tributaries.
(3) INTERAGENCY WORKING GROUP-
(A) ESTABLISHMENT- Not later than 1 year after the date of the enactment
of this Act, the Secretary shall establish in the Corps of Engineers an
interagency working group on wetlands for wastewater treatment to coordinate,
manage, and oversee all phases of the program under this subsection.
(B) MEMBERS- The working group shall include members of the Corps of
Engineers, the Environmental Protection Agency, the Tennessee Valley
Authority, the Fish and Wildlife Service, and private individuals or
organizations with a demonstrated interest in the use of constructed
wetlands for wastewater treatment.
(C) REPORT- Not later than 2 years after the date of the enactment of this
Act, the working group shall transmit to Congress a report evaluating the
use of constructed wetlands for treating various sources of wastewater,
together with recommendations on methods by which constructed wetlands
systems might be utilized to improve local and regional water quality and
an analysis of the contributions such systems make to attainment of the
goals established by subsection (a).
(d) NON-FEDERAL RESPONSIBILITIES- For each project conducted under each
of subsections (b) and (c), the non-Federal interest shall agree--
(1) to provide, without cost to the United States, all lands, easements,
rights-of-way, relocations, and dredged material disposal areas necessary
for construction and subsequent research and demonstration work;
(2) to hold and save the United States free from damages due to construction,
operation, and maintenance of the project, except damages due to the fault
or negligence of the United States or its contractors; and
(3) to operate and maintain the restored or constructed wetlands in
accordance with good management practices; except that nothing in this
paragraph shall be construed as precluding a Federal agency from agreeing
to operate and maintain the restored or reconstructed wetlands.
The value of the non-Federal lands, easements, rights-of-way, relocations,
and dredged material disposal areas provided by the non-Federal interest shall
be credited toward the non-Federal share of project design and construction
costs. The non-Federal share of project design and construction costs shall
be 25 percent.
(e) MITIGATION BANK DEMONSTRATION PROGRAM-
(1) ESTABLISHMENT AND IMPLEMENTATION- The Secretary is authorized
to establish and implement a demonstration program for the purpose of
determining the feasibility of mitigation banks as a means of contributing to
the goals established by subsection (a) and of evaluating the feasibility
of utilizing mitigation banks for satisfying compensatory mitigation
obligations under section 404 of the Federal Water Pollution Control
Act or section 10 of the Act of March 3, 1899 (33 U.S.C. 401 and 403),
commonly known as the Rivers and Harbors Act of 1899, or wetland mitigation
requirements of other Federal laws.
(2) GOALS- The goal of the program under this subsection shall be to
establish a limited number of demonstration mitigation banks in districts
of the Corps of Engineers for the purpose of evaluating the technical
and scientific long-term feasibility of such banks as a means (A) of
providing adequate compensation for wetlands alterations resulting from
the Army Civil Works program or permitted under section 404 of the Federal
Water Pollution Control Act or section 10 of the Act of March 3, 1899
(33 U.S.C. 401 and 403), commonly known as the Rivers and Harbors Act of
1899; and (B) of contributing to the attainment of the goals established
by subsection (a). Federal and State land-owning agencies and private
parties may contribute to such banks.
(3) PROGRAM COMPONENTS- The program under this subsection shall include--
(A) mechanisms for making deposits into the mitigation bank;
(B) a means of accounting for deposited wetlands, including an assessment
of the ecological value of such deposits;
(C) mechanisms for managing and maintaining the ecological values for
credits assigned to the original deposit; and
(D) mechanisms for receipt of credit for deposits which can be applied to
permit applications filed by the depositor under section 404 of the Federal
Water Pollution Control Act or section 10 of the Act of March 3, 1899 (33
U.S.C. 401 and 403), commonly known as the Rivers and Harbors Act of 1899.
(4) FACTORS TO CONSIDER- In establishing the program under this subsection,
the Secretary shall consider--
(A) past experience with mitigation banks;
(B) the appropriate credit to be given for various types of wetlands,
including existing wetlands, created wetlands, and restored wetlands;
(C) provisions for transfer of credits;
(D) the appropriate geographic scope of a mitigation bank;
(E) the technical feasibility of creating banks and the scientific likelihood
that such banks will succeed;
(F) liability and long-term ownership;
(G) responsibilities for short- and long-term project monitoring; and
(H) whether or not the applicant has fully complied with the guidelines
of section 404(b)(1) of the Federal Water Pollution Control Act.
(5) MITIGATION BANK DEFINED- For purposes of this subsection, the term
`mitigation bank' includes a system or process of accounting under which
(before submitting an application for a permit under section 404 of the
Federal Water Pollution Control Act or section 10 of the Act of March 3,
1899 (33 U.S.C. 401 and 403), commonly known as the Rivers and Harbors
Act of 1899) an applicant may deposit or withdraw units measuring wetlands
restoration, enhancement, and creation efforts in order to satisfy mitigation
or compensation requirements.
(6) REPORTING-
(A) TO CHIEF OF ENGINEERS- The district engineer for each district of
the Corps of Engineers in which a mitigation bank is established under
this subsection shall transmit annual reports to the Chief of Engineers
describing credits made to, and withdrawn from, the bank and a summary of
whether the bank is fulfilling the goals established in paragraph (2).
(B) TO CONGRESS- Not later than 3 years after the date of the enactment of
this Act, the Secretary shall transmit to Congress a report evaluating the
use of mitigation banks in fulfilling the goals established by paragraph
(2), together with recommendations on whether or not to continue use of
mitigation banks as a means of meeting the goals established by subsection
(a).
(f) TRAINING AND CERTIFICATION OF DELINEATORS-
(1) IN GENERAL- The Secretary is authorized to establish a program for the
training and certification of individuals as wetlands delineators. As part
of such program, the Secretary shall carry out demonstration projects in
districts of the Corps of Engineers. The program shall include training and
certification of delineators and procedures for expediting consideration
and acceptance of delineations performed by certified delineators.
(2) REPORTS- The Secretary shall transmit to Congress periodic reports
concerning the status of the program and any recommendations on improving
the content and implementation of the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands.

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(a) PRIORITY PROJECT LIST-
(1) PREPARATION OF LIST- Within 45 days after the date of the enactment of
this Act, the Secretary shall convene the Task Force to initiate a process
to identify and prepare a list of coastal wetlands restoration projects in
Louisiana to provide for the long-term conservation of such wetlands and
dependent fish and wildlife populations, in order of priority, based on the
cost-effectiveness of such projects in creating, restoring, protecting,
or enhancing coastal wetlands, taking into account the quality of such
coastal wetlands, with due allowance for small-scale projects necessary
to demonstrate the use of new techniques or materials for coastal wetlands
restoration.
(2) TASK FORCE PROCEDURES- The Secretary shall convene meetings of the Task
Force as appropriate to ensure that the list is produced and transmitted
annually to Congress as required by this subsection. If necessary to ensure
transmittal of the list on a timely basis, the Task Force shall produce
the list by a majority vote of those Task Force members who are present and
voting; except that no coastal wetlands restoration project shall be placed
on the list without the concurrence of the lead Task Force member that the
project is cost effective and sound from an engineering perspective. Those
projects which potentially impact navigation or flood control on the lower
Mississippi River System shall be constructed consistent with section 17
of this Act.
(3) TRANSMITTAL OF LIST- No later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit to Congress the list of priority
coastal wetlands restoration projects required by paragraph (1) of this
subsection. Thereafter, the list shall be updated annually by the Task
Force members and transmitted by the Secretary to Congress as part of the
President's annual budget submission. Annual transmittals of the list to
Congress shall include a status report on each project and a statement
from the Secretary of the Treasury indicating the amounts available for
expenditure from a wetlands fund established to carry out this Act.
(4) LIST CONTENTS-
(A) AREA IDENTIFICATION; PROJECT DESCRIPTION- The list of priority coastal
wetlands restoration projects shall include, but not be limited to--
(i) identification, by map or other means, of the coastal area to be
covered by the coastal wetlands restoration project; and
(ii) a detailed description of each proposed coastal wetlands restoration
project, including a justification for including such project on the
list, the proposed activities to be carried out pursuant to each coastal
wetlands restoration project, the benefits to be realized by such project,
the identification of a lead Task Force member to undertake each proposed
coastal wetlands restoration project and the responsibilities of each other
participating Task Force member, an estimated timetable for the completion
of each coastal wetlands restoration project, and the estimated cost of
each project.
(B) PRE-PLAN- Prior to the date on which the plan required by subsection (b)
of this section becomes effective, such list shall include only those coastal
wetlands restoration projects that can be substantially completed during
a 5-year period commencing on the date the project is placed on the list.
(C) POST-PLAN- Subsequent to the date on which the plan required by
subsection (b) of this section becomes effective, such list shall include
only those coastal wetlands restoration projects that have been identified
in such plan.
(5) FUNDING- The Secretary shall, with the funds made available in accordance
with section 16 of this Act, allocate funds among the members of the Task
Force based on the need for such funds and such other factors as the Task
Force deems appropriate to carry out the purposes of this subsection.
(b) FEDERAL AND STATE PROJECT PLANNING-
(1) PLAN PREPARATION- The Task Force shall prepare a plan to identify
coastal wetlands restoration projects, in order of priority, based on the
cost-effectiveness of such projects in creating, restoring, protecting,
or enhancing the long-term conservation of coastal wetlands, taking into
account the quality of such coastal wetlands, with due allowance for
small-scale projects necessary to demonstrate the use of new techniques
or materials for coastal wetlands restoration. Such restoration plan shall
be completed within 3 years from the date of the enactment of this Act.
(2) PURPOSE OF THE PLAN- The purpose of the restoration plan is to develop
a comprehensive approach to restore, and prevent the loss of, coastal
wetlands in Louisiana. Such plan shall coordinate and integrate coastal
wetlands restoration projects in a manner that will ensure the long-term
conservation of the coastal wetlands of Louisiana.
(3) INTEGRATION OF EXISTING PLANS- In developing the restoration plan,
the Task Force shall seek to integrate the `Louisiana Comprehensive
Coastal Wetlands Feasibility Study' conducted by the Secretary and the
`Coastal Wetlands Conservation and Restoration Plan' prepared by the State
of Louisiana's Coastal Wetlands Conservation and Restoration Task Force.
(4) ELEMENTS OF THE PLAN- The restoration plan developed pursuant to this
subsection shall include--
(A) identification of the entire area in the State that contains coastal
wetlands;
(B) identification, by map or other means, of coastal areas in Louisiana
in need of coastal wetlands restoration projects;
(C) identification of high priority coastal wetlands restoration projects
in Louisiana needed to address the areas identified in subparagraph (B)
and that would provide for the long-term conservation of restored wetlands
and dependent fish and wildlife populations;
(D) a listing of such coastal wetlands restoration project, in order of
priority, to be submitted annually, incorporating any project identified
previously in lists produced and submitted under subsection (a) of this
section;
(E) a detailed description of each proposed coastal wetlands restoration
project, including a justification for including such project on the list;
(F) the proposed activities to be carried out pursuant to each coastal
wetlands restoration project;
(G) the benefits to be realized by each such project;
(H) an estimated timetable for completion of each coastal wetlands
restoration project;
(I) an estimate of the cost of each coastal wetlands restoration project;
(J) identification of a lead Task Force member to undertake each proposed
coastal wetlands restoration project listed in the plan;
(K) consultation with the public and provision for public review during
development of the plan; and
(L) evaluation of the effectiveness of each coastal wetlands restoration
project in achieving long-term solutions to arresting coastal wetlands
loss in Louisiana.
(5) PLAN MODIFICATION- The Task Force may modify the restoration plan from
time to time as necessary to carry out the purposes of this section.
(6) PLAN SUBMISSION- Upon completion of the restoration plan, the Secretary
shall submit the plan to Congress. The restoration plan shall become
effective 90 days after the date of its submission to Congress.
(7) PLAN EVALUATION- Not less than 3 years after the completion and
submission of the restoration plan required by this subsection and at
least every 3 years thereafter, the Task force shall provide a report
to Congress containing a scientific evaluation of the effectiveness of
the coastal wetlands restoration projects carried out under the plan in
creating, restoring, protecting, and enhancing coastal wetlands in Louisiana.
(c) COASTAL WETLANDS RESTORATION PROJECT BENEFITS- Where such a determination
is required under applicable law, the net ecological, aesthetic, and cultural
benefits, together with the economic benefits, shall be deemed to exceed
the costs of any coastal wetlands restoration project within the State which
the Task Force finds to contribute significantly to wetlands restoration.
(d) CONSISTENCY- (1) In implementing, maintaining, modifying,
or rehabilitating navigation, flood control, or irrigation projects,
other than emergency actions, under other authorities, the Secretary, in
consultation with the Director and the Administrator, shall ensure that
such actions are consistent with the purposes of the restoration plan
submitted pursuant to this section.
(2) At the request of the Governor of the State of Louisiana, the Secretary
of Commerce shall approve the plan as an amendment to the State's coastal
zone management program approved under section 306 of the Coastal Zone
Management Act of 1972.
(e) FUNDING OF WETLANDS RESTORATION PROJECTS- The Secretary shall, with the
funds made available in accordance with section 16 of this Act, allocate
such funds among the members of the Task Force to carry out coastal wetlands
restoration projects in accordance with the priorities set forth in the list
transmitted in accordance with this section. The Secretary shall not fund
a coastal wetlands restoration project unless that project is subject to
such terms and conditions as necessary to ensure that wetlands restored,
enhanced, or managed through that project will be administered for the
long-term conservation of such lands and waters and dependent fish and
wildlife populations.
(f) Cost-Sharing-
(1) FEDERAL SHARE- Amounts made available from the Wetlands Fund to carry
out coastal wetlands restoration projects under this Act shall provide 75
percent of the cost of such projects.
(2) FEDERAL SHARE UPON CONSERVATION PLAN APPROVAL- Notwithstanding the
previous paragraph, if the State develops a coastal wetlands conservation
plan pursuant to section 15 of this Act, and such conservation plan is
approved pursuant to such section, amounts made available from the Wetlands
Fund for any coastal wetlands restoration project under this section shall
be 85 percent of the cost of the project. In the event that the Secretary,
the Director, and the Administrator jointly determine that the State is
not taking reasonable steps to implement and administer a conservation
plan developed and approved pursuant to section 15 of this Act, amounts
made available from the Wetlands Fund for any coastal wetlands restoration
project shall revert to 75 percent of the cost of the project; except that
such reversion to the lower cost share level shall not occur until the
Governor has been provided notice of, and opportunity for hearing on, any
such determination by the Secretary, the Director, and the Administrator
and the State has been given 90 days from such notice or hearing to take
corrective action.
(3) FORM OF STATE SHARE- The share of the cost required of the State shall
be from a non-Federal source. Such State share shall consist of a cash
contribution of not less than 5 percent of the cost of the project. The
balance of such State share may take the form of lands, easements, or
right-of-way or any other form of in-kind contribution determined to be
appropriate by the lead Task Force member.
(4) EXISTING COST-SHARING AGREEMENTS- Paragraphs (1), (2), and (3) of this
subsection shall not affect the existing cost-sharing agreements for the
following projects: Caernarvon Freshwater Diversion, Davis Pond Freshwater
Diversion, and Bonnet Carre Freshwater Diversion.

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(a) DEVELOPMENT OF CONSERVATION PLAN-
(1) IN GENERAL- The Secretary, the Director, and the Administrator are
directed to enter into an agreement with the Governor, as set forth in
paragraph (2) of this subsection, upon notification of the Governor's
willingness to enter into such agreement.
(2) TERMS OF AGREEMENT-
(A) IN GENERAL- Upon receiving notification pursuant to paragraph (1) of
this subsection, the Secretary, the Director, and the Administrator shall
promptly enter into an agreement (hereinafter in this section referred to
as the `agreement') with the State under the terms set forth in subparagraph
(B) of this paragraph.
(B) TERMS- The agreement shall--
(i) set forth a process by which the State agrees to develop, in accordance
with this section, a coastal wetlands conservation plan (hereinafter in
this section referred to as the `conservation plan');
(ii) designate a single agency of the State to develop the conservation plan;
(iii) assure an opportunity for participation in the development of the
conservation plan, during the planning period, by the public and by Federal
and State agencies;
(iv) obligate the State, not later than 3 years after the date of signing
the agreement, unless extended by the parties thereto, to submit the
conservation plan to the Secretary, the Director, and the Administrator
for their approval; and
(v) upon approval of the conservation plan, obligate the State to implement
the conservation plan.
(3) GRANTS AND ASSISTANCE- Upon the date of signing the agreement--
(A) the Administrator shall, in consultation with the Director, make grants
to assist the designated State agency in developing a conservation plan with
the funds made available in accordance with section 17 of this Act. Such
grants shall not exceed 75 per centum of the cost of developing the plan; and
(B) the Secretary, the Director, and the Administrator shall provide
technical assistance to the State to assist it in the development of
the Plan.
(b) CONSERVATION PLAN GOAL- If a conservation plan is developed pursuant
to this section, it shall have a goal of achieving no net loss of wetlands
in the coastal areas of Louisiana as a result of development activities
initiated subsequent to approval of the plan, exclusive of any wetlands
gains achieved through implementation of section 13 of this Act.
(c) ELEMENTS OF CONSERVATION PLAN- The conservation plan authorized by
this section shall include--
(1) identification of the entire coastal area in the State that contains
coastal wetlands;
(2) designation of a single State agency with the responsibility for
implementing and enforcing the Plan;
(3) identification of measures that the State shall take in addition to
existing Federal authority to achieve a goal of no net loss of wetlands
as a result of development activities, exclusive of any wetlands gains
achieved through implementation of section 14 of this Act;
(4) a system that the State shall implement to account for gains and
losses of coastal wetlands within coastal areas for purposes of evaluating
the degree to which the goal of no net loss of wetlands as a result of
development activities in such wetlands or other waters has been attained;
(5) satisfactory assurances that the State will have adequate personnel,
funding, and authority to implement the Plan;
(6) a program to be carried out by the State for the purpose of educating
the public concerning the necessity to conserve wetlands;
(7) a program to encourage the use of technology by persons engaged in
development activities that will result in negligible impact on wetlands; and
(8) a program for the review, evaluation, and identification of regulatory
and nonregulatory options that will be adopted by the State to encourage
and assist private owners of wetlands to continue to maintain those lands
as wetlands.
(d) APPROVAL OF CONSERVATION PLAN-
(1) IN GENERAL- If the Governor submits a conservation plan to the Secretary,
the Director, and the Administrator for their approval, the Secretary,
the Director, and the Administrator shall, within 180 days following
receipt of such plan, approve or disapprove it.
(2) APPROVAL CRITERIA- The Secretary, the Director, and the Administrator
shall approve a conservation plan submitted by the Governor, if they
determine that--
(A) the State has adequate authority to fully implement all provisions of
such a plan;
(B) such a plan is adequate to attain the goal of no net loss of coastal
wetlands as a result of development activities and complies with the other
requirements of this section; and
(C) the Plan was developed in accordance with the terms of the agreement
set forth in subsection (a) of this section.
(e) MODIFICATION OF CONSERVATION PLAN-
(1) NONCOMPLIANCE- If the Secretary, the Director, and the Administrator
determine that a conservation plan submitted by the Governor does not comply
with the requirements of subsection (d) of this section, they shall submit
to the Governor a statement explaining why the plan is not in compliance
and how the plan should be changed to be in compliance.
(2) RECONSIDERATION- If the Governor submits a modified conservation plan to
the Secretary, the Director, and the Administrator for their reconsideration,
the Secretary, the Director, and the Administrator shall have 90 days to
determine whether the modifications are sufficient to bring the plan into
compliance with the requirements of subsection (d) of this section.
(3) APPROVAL OF MODIFIED PLAN- If the Secretary, the Director, and the
Administrator fail to approve or disapprove the conservation plan, as
modified, within the 90-day period following the date on which it was
submitted to them by the Governor, such Plan, as modified, shall be deemed
to be approved effective upon the expiration of such 90-day period.
(f) AMENDMENTS TO CONSERVATION PLAN- If the Governor amends the conservation
plan approved under this section, any such amended plan shall be considered
a new plan and shall be subject to the requirements of this section; except
that minor changes to such plan shall not be subject to the requirements
of this section.
(g) IMPLEMENTATION OF CONSERVATION PLAN- A conservation plan approved
under this section shall be implemented as provided therein.
(h) FEDERAL OVERSIGHT-
(1) INITIAL REPORT TO CONGRESS- Within 180 days after entering into the
agreement required under subsection (a) of this section, the Secretary, the
Director, and the Administrator shall report to Congress as to the status
of a conservation plan approved under this section and the progress of the
State in carrying out such a plan, including an accounting, as required
under subsection (c) of this section, of the gains and losses of coastal
wetlands as a result of development activities.
(2) REPORTS TO CONGRESS- 24 months after the initial 180-day period set
forth in paragraph (1), and at the end of each 24-month period thereafter,
the Secretary, the Director, and the Administrator shall report to Congress
on the status of the conservation plan and provide an evaluation of the
effectiveness of the plan in meeting the goal of this section.

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(a) MATCHING GRANTS- The Director shall, with the funds made available
in accordance with section 17 of this Act, make matching grants to any
coastal State to carry out coastal wetlands conservation projects from
funds made available for that purpose.
(b) PRIORITY- Subject to the cost-sharing requirements of this section,
the Director may grant or otherwise provide any matching moneys to any
coastal State which submits a proposal substantial in character and design
to carry out a coastal wetlands conservation project. In awarding such
matching grants, the Director shall give priority to coastal wetlands
conservation projects that are--
(1) consistent with the national wetlands priority conservation plan
developed under section 301 of the Emergency Wetlands Resources Act (16
U.S.C. 3921); and
(2) in coastal States that have established dedicated funding for programs
to acquire coastal wetlands, natural areas, and open spaces.
(c) CONDITIONS- The Director may only grant or otherwise provide matching
moneys to a coastal State for purposes of carrying out a coastal wetlands
conservation project if the grant or provision is subject to terms and
conditions that will ensure that any real property interest acquired in
whole or in part, or enhanced, managed, or restored with such moneys will
be administered for the long-term conservation of such lands and waters
and the fish and wildlife dependent thereon.
(d) COST-SHARING-
(1) FEDERAL SHARE- Grants to coastal States of matching moneys by the
Director for any fiscal year to carry out coastal wetlands conservation
projects shall be used for the payment of not to exceed 50 percent of the
total costs of such projects; except that such matching moneys may be used
for payment of not to exceed 75 percent of the costs of such projects if
a coastal State has established a trust fund, from which the principal is
not spent, for the purpose of acquiring coastal wetlands, other natural
area or open spaces.
(2) FORM OF STATE SHARE- The matching moneys required of a coastal State
to carry out a coastal wetlands conservation project shall be derived from
a non-Federal source.
(e) PARTIAL PAYMENTS-
(1) IN GENERAL- The Director may from time to time make matching payments to
carry out coastal wetlands conservation projects as such projects progress,
but such payments, including previous payments, if any, shall not be more
than the Federal pro rata share of any such project in conformity with
subsection (d) of this section.
(2) AGREEMENT- The Director may enter into agreements to make matching
payments on an initial portion of a coastal wetlands conservation project
and to agree to make payments on the remaining Federal share of the costs of
such project from subsequent moneys if and when they become available. The
liability of the United States under such an agreement is contingent upon
the continued availability of funds for the purpose of this section.

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(a) IN GENERAL- There is authorized to be appropriated up to $115,400,000
for each fiscal year through 1999 to carry out sections 14, 15, and 16 of
this Act.
(b) PRIORITY PROJECT AND CONSERVATION PLANNING EXPENDITURES- Of the total
amount authorized under subsection (a) during a given fiscal year, 65 per
centum, not to exceed $75,000,000, shall be available to carry out sections
14 and 15 and shall remain available until expended.
(c) COASTAL WETLANDS CONSERVATION GRANTS- Of the total amount authorized
under subsection (a) during a given fiscal year, 35 per centum, not to
exceed $40,400,000, shall be available to carry out section 16 and shall
remain available until expended.

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(a) ADDITIONAL AUTHORITY FOR THE CORPS OF ENGINEERS- The Secretary is
authorized to carry out projects for the protection, restoration, or
enhancement of aquatic and associated ecosystems, including projects
for the protection, restoration, or creation of wetlands and coastal
ecosystems. In carrying out such projects, the Secretary shall give
such projects equal consideration with projects relating to irrigation,
navigation, or flood control.
(b) FEASIBILITY STUDY- The Secretary is hereby authorized and directed to
study the feasibility of modifying the operation of existing navigation
and flood control projects to allow for an increase in the share of the
Mississippi River flows and sediment sent down the Atchafalaya River for
purposes of land building and wetlands nourishment.
(c) DEFINITIONS- As used in this section and sections 14, 15, 16, and 17,
the following definitions apply:
(1) ADMINISTRATOR- `Administrator' means the Administrator of the
Environmental Protection Agency.
(2) DEVELOPMENT ACTIVITIES- `Development activities' means any activity,
including the discharge of dredged or fill material, which results directly
in a more than de minimus change in the hydrologic regime, bottom contour,
or the type, distribution or diversity of hydrophytic vegetation, or which
impairs the flow, reach, or circulation of surface water within wetlands
or other waters.
(3) DIRECTOR- `Director' means the Director of the United States Fish and
Wildlife Service.
(4) STATE- `State' means the State of Louisiana.
(5) COASTAL STATE- `Coastal State' means a State of the United States
in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of
Mexico, Long Island Sound, or one or more of the Great Lakes. The term
also includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of
the Northern Mariana Islands, and the Trust Territories of the Pacific
Islands, and American Samoa.
(6) COASTAL WETLANDS RESTORATION PROJECT- `Coastal wetlands restoration
project' means any technically feasible activity to create, restore, protect,
or enhance coastal wetlands through sediment and freshwater diversion, water
management, or other measures that the Task Force finds will significantly
contribute to the long-term restoration or protection of the physical,
chemical and biological integrity of coastal wetlands in the State of
Louisiana, and includes any such activity authorized under this section and
sections 13 through 16 of this Act or under any other provision of law,
including, but not limited to, new projects, completion or expansion of
existing or on-going projects, individual phases, portions, or components
of projects and operation, maintenance and rehabilitation of completed
projects. The primary purpose of a `coastal wetlands restoration project'
shall not be to provide navigation, irrigation or flood control benefits.
(7) COASTAL WETLANDS CONSERVATION PROJECT- `Coastal wetlands conservation
project' means--
(A) the obtaining of a real property interest in coastal lands or waters,
if the obtaining of such interest is subject to terms and conditions that
will ensure that the real property will be administered for the long-term
conservation of such lands and waters and the hydrology, water quality,
and fish and wildlife dependent thereon; and
(B) the restoration, management, or enhancement of coastal wetlands
ecosystems if such restoration, management, or enhancement is conducted
on coastal lands and waters that are administered for the long-term
conservation of such lands and waters and the hydrology, water quality
and fish and wildlife dependent thereon.
(8) GOVERNOR- `Governor' means the Governor of Louisiana.
(9) TASK FORCE- `Task Force' means the Louisiana Coastal Wetlands
Conservation and Restoration Task Force which shall consist of the Secretary,
who shall serve as chairman, the Administrator, the Governor, the Secretary
of Agriculture, and the Secretary of Commerce.

7702fc8f31d05e79b35d99f2e9eb534c9e58131dd50329db6197bfdd81c218e1

(a) BENEFIT-COST ANALYSIS- The Secretary shall not include in the benefit
base for justifying Federal flood damage reduction projects--
(1)(A) any new or substantially improved structure (other than a structure
necessary for conducting a water-dependent activity) built in the 100-year
flood plain after July 1, 1991; or
(B) in the case of a county substantially located within the 100-year
flood plain, any new or substantially improved structure (other than a
structure necessary for conducting a water-dependent activity) built in
the 10-year flood plain after July 1, 1991; and
(2) any structure becomes located in the 100-year flood plain or the 10-year
flood plain, as the case may be, by virtue of constrictions placed in the
flood plain after July 1, 1991.
(b) COUNTIES SUBSTANTIALLY LOCATED WITHIN 100-YEAR FLOOD PLAIN- For the
purposes of subsection (a), a county is substantially located within the
100-year flood plain--
(1) if the county is comprised of lands of which 50 percent or more are
located in the 100-year flood plain; and
(2) if the Secretary determines that application of the requirement
contained in subsection (a)(1)(A) with respect to the county would
unreasonably restrain continued economic development or unreasonably limit
the availability of needed flood control measures.
(c) COST SHARING- Not later than January 1, 1992, the Secretary shall
transmit to Congress a report on the feasibility and advisability of
increasing the non-Federal share of costs for new projects in areas where
new or substantially improved structures and other constrictions are built
or placed in the 100-year flood plain or the 10-year flood plain, as the
case may be, after the initial date of the affected governmental units
entry into the regular program of the national flood insurance program of
the National Flood Insurance Act of 1968.
(d) REGULATIONS- Not later than 6 months after the date on which a report is
transmitted to Congress under subsection (b), the Secretary, in consultation
with the Director of the Federal Emergency Management Agency, shall issue
regulations to implement subsection (a). Such regulations shall define
key terms, such as new or substantially improved structure, constriction,
10-year flood plain, and 100-year flood plain.
(e) APPLICABILITY- The provisions of this section shall not apply to any
project, or separable element thereof, for which a final report of the
Chief of Engineers has been forwarded to the Secretary before the last
day of the 6-month period beginning on the date on which regulations are
issued pursuant to subsection (a) but not later than July 1, 1993.

21b321d7d24050261715c00c8a3b03ccb2879dcc0fbeff9beabbde8eb169aefc

Not later than 1 year after the date of the enactment of this Act, the
Secretary shall transmit to Congress a report on the advisability of not
participating in the planning, implementation, or maintenance of any beach
stabilization or renourishment project involving Federal funds unless the
State in which the proposed project will be located has established or
committed to establish a beach front management program that includes--
(1) restrictions on new development seaward of an erosion setback line (based
on preproject beach size) of at least 50 times the annual erosion rate;
(2) restrictions on construction of new structural stabilization projects,
such as seawalls and groins, and their reconstruction if damaged by 50
percent or more;
(3) provisions for the relocation of structures in erosion-prone areas;
(4) provisions to assure public access to beaches stabilized or renourished
with Federal funds after January 1, 1991; and
(5) such other provisions as the Secretary may prescribe by regulation to
prevent hazardous or environmentally damaging shoreline development.

f05310be9db8424f7b9517bd9b5cd2240454959728480fd9dca8825aa5cf2c1a

(a) TECHNICAL ADVISORY COMMITTEES- Not later than 2 years after the
date of the enactment of this Act, the Secretary shall establish for
each major reservoir (including reservoirs of greater than 200,000 acre
feet of gross storage) under the jurisdiction of the Corps of Engineers
a technical advisory committee to provide to the Secretary and Corps of
Engineers recommendations on reservoir monitoring and options for reservoir
research. The Secretary shall determine the membership of each committee,
except that for each committee the Secretary may not appoint more than
6 members and shall ensure a predominance of members with appropriate
academic, technical, or scientific qualifications. Members shall serve
without pay, and the Secretary shall provide any necessary facilities,
staff, and other support services in accordance with the Federal Advisory
Committee Act (5 U.S.C. App. 1 et seq.).
(b) PUBLIC PARTICIPATION- The Secretary shall ensure that, in developing or
revising reservoir operating manuals of the Corps of Engineers, the Corps
shall provide significant opportunities for public participation, including
opportunities for public hearings. The Secretary shall issue regulations
to implement this subsection, including a requirement that all appropriate
informational materials relating to proposed management decisions of the
Corps be made available to the public sufficiently in advance of public
hearings. Not later than January 1, 1992, the Secretary shall transmit to
Congress a report on measures taken pursuant to this subsection.
(c) RECREATION, FISH, AND WILDLIFE PURPOSES- The Secretary is authorized
to manage any existing dam and reservoir project of the Corps of Engineers
for recreation and fish and wildlife purposes to the extent such management
does not impair any other authorized project purpose.

14a1c09b6ebbdcd163c569c006716bbfd2c1a022aa55a70b692fc8263a32ea4b

(a) REVIEW- The Secretary shall conduct a review of the operations of
reservoir projects which are under the jurisdiction of the Secretary--
(1) to determine whether or not such projects are being operated in
accordance with their authorized purposes;
(2) to identify deficiencies in the operations of such projects which
prohibit the realization of project benefits; and
(3) to determine inconsistencies in the operations of those projects which
have the same authorized project purposes.
(b) REPORT- Not later than 12 months after the date of the enactment of this
Act, the Secretary shall transmit to Congress a report on the results of
the review conducted under subsection (a), together with recommendations
for correcting deficiencies and eliminating inconsistencies identified
under subsection (a).
(c) WATER CONTROL MANUALS-
(1) PRELIMINARY DRAFT- Not later than 270 days after the date of the
enactment of this Act, the Secretary shall develop a preliminary draft
of a water control manual for each reservoir project which is under the
jurisdiction of the Secretary.
(2) PUBLIC REVIEW- The Secretary shall make each draft developed under
paragraph (1) available for review by the public for a period of not less
than 90 days.
(3) FINAL DRAFT- Not later than 15 months after the date of the enactment
of this Act, the Secretary shall develop and publish a final water control
manual for each reservoir project which is under the jurisdiction of
the Secretary.
(4) CONSISTENCY WITH PROJECT PURPOSES- Each manual developed under this
subsection shall be consistent with the authorized purposes of the project
for which such manual is developed.
(d) OPERATION OF PROJECTS- After the last day of the 15-month period
beginning on the date of the enactment of this Act, each reservoir project
which is under the jurisdiction of the Secretary shall be operated in
accordance with the final water control manual developed for such project
under this section.
(e) SIGNIFICANT CHANGES- Before making any significant change in a water
control manual developed under this section, the Secretary shall--
(1) make the proposed change available for review by the public for a
period of not less than 60 days;
(2) prepare a comprehensive assessment of the need for the proposed
change, the expected effects of the proposed change, comments received
on the proposed change, the impact of the proposed change on authorized
project purposes, the anticipated cost and benefits of the proposed change,
alternatives which were considered before selection of the proposed change,
and the authority for making the proposed change; and
(3) transmit to Congress a copy of the proposed change, together with such
assessment, so that the proposed change and assessment will be available to
Congress for a period of not less than 60 days before the proposed change
becomes effective.

8eaca2701ed976404385d6f01aec68c92ea060538cbb47c5137d49e276b7eb23

(a) OPERATION AND MAINTENANCE OF NAVIGATION PROJECTS- Whenever necessary
to meet the requirements of the Federal Water Pollution Control Act, the
Secretary, in consultation with the Administrator of the Environmental
Protection Agency, may remove, as part of operation and maintenance of a
navigation project, contaminated sediments outside the boundaries of and
adjacent to the navigation channel.
(b) NAVIGATION PROJECTS- In carrying out a navigation project in an area
which is not meeting applicable water quality standards, the Secretary may
remove contaminated sediments outside the boundaries of and adjacent to
the navigation channel if such removal is necessary to enable the area to
meet such standards, such removal is requested by a non-Federal sponsor,
and the sponsor agrees to pay 50 percent of the cost of such removal.
(c) NONPROJECT SPECIFIC- The Secretary may remove contaminated sediments from
the navigable waters of the United States for the purpose of environmental
enhancement and water quality improvement if such removal is requested by
a non-Federal sponsor and the sponsor agrees to pay 50 percent of the cost
of such removal.
(d) JOINT PLAN REQUIREMENT- The Secretary may only remove contaminated
sediments under subsections (b) and (c) in accordance with a joint plan
developed by the Secretary and interested Federal, State, and local
government officials. Such plan must include an opportunity for public
comment, a description of the work to be undertaken, the method to be
used for dredged material disposal, the roles and responsibilities of the
Secretary and non-Federal sponsors, and identification of sources of funding.
(e) DISPOSAL COSTS- Costs of disposal of contaminated sediments removed
under this section shall be a non-Federal responsibility.

027461e65df058ce056258b06ceb97997be7f049fc6c3f4e643f1dfff75fad5a

(a) GENERAL RULE- In planning any water resources project, the Secretary
shall consider the impact of the project on existing and future recreational
and commercial uses in the area surrounding the project.
(b) MAINTENANCE- Whenever the Secretary maintains, repairs, rehabilitates,
or reconstructs a water resources project which will result in a change
in the configuration of a structure which is a part of such project,
the Secretary, to the maximum extent practicable, shall carry out such
maintenance, repair, rehabilitation, or reconstruction in a manner which
will not adversely affect any recreational use established with respect to
such project before the date of such maintenance, repair, rehabilitation,
or reconstruction.
(c) MITIGATION- If maintenance, repair, rehabilitation, or reconstruction
of a water resources project by the Secretary results in a change in the
configuration of any structure which is a part of such project and has
an adverse effect on a recreational use established with respect to such
project before the date of such maintenance, repair, rehabilitation, or
reconstruction, the Secretary, to the maximum extent practicable, shall
take such actions as may be necessary to restore such recreational use or
provide alternative opportunities for comparable recreational use.
(d) APPLICABILITY-
(1) GENERAL RULE- Subsections (b) and (c) shall apply to maintenance,
repair, rehabilitation, or reconstruction for which physical construction
is initiated after May 1, 1988.
(2) LIMITATION- Subsections (b) and (c) shall not apply to any action of
the Secretary which is necessary to discontinue the operation of a water
resources project.
(e) COST SHARING- Costs incurred by the Secretary to carry out the objectives
of this section shall be allocated among authorized project purposes in
accordance with applicable cost allocation procedures and shall be subject
to cost sharing or reimbursement to the same extent as other project costs
are shared or reimbursed.

94d26ee94347c80b088dc8575898178c15b4407b345f52103bb20d27dc4c4419

Activities currently performed by personnel under the direction of the
Secretary in connection with the operation and maintenance of hydroelectric
power generating facilities at Corps of Engineers multipurpose water
resources projects are to be considered as inherently governmental functions
and not commercial activities. This section does not prohibit contracting
out major maintenance or other functions which are currently contracted
out or studying services not directly connected with project maintenance
and operations.

1a8b9e286f1ad0a271b38bd1f02aa8b85d8a0133099ea0c6de4dbf5d981e90c2

The Secretary is authorized to provide technical, planning, and
engineering assistance to States and local governments 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. Non-Federal interests shall contribute 50 percent of the costs of
such development and implementation.

4f405399fc433d4765e1c26c08b3b0c3a8ae8dc0afb7a6c1fe4efd5e80b8594d

Section 904 of the Water Resources Development Act of 1986 (33 U.S.C. 2281)
is amended by inserting `(including preservation and enhancement of the
environment)' after `environment'.

5ff7060d1a4ed5a690f45a1a38d8292373b403e8104eafa5484f0519bc332f17

Section 1114 of the Water Resources Development Act of 1986 (16 U.S.C. 460tt;
100 Stat. 4232) is amended to read as follows:
`SEC. 1114. CROSS FLORIDA BARGE CANAL.
`(a) DEAUTHORIZATION- The barge canal project located between the Gulf of
Mexico and the Atlantic Ocean (hereinafter in this section referred to as the
`project'), as described in the Act of July 23, 1942 (56 Stat. 703), shall be
deauthorized by operation of law immediately upon the Governor and Cabinet of
the State of Florida adopting a resolution specifically agreeing on behalf
of the State of Florida (hereinafter in this section referred to as the
`State') to all of the terms of the agreement prescribed in subsection (b).
`(b) TRANSFER OF PROJECT LANDS- Notwithstanding any other provision of law,
the Secretary is, subject to the provisions of subsections (d) and (e),
directed to transfer to the State all lands and interests in lands acquired
by the Secretary and facilities completed for the project in subsection
(a), without consideration, if the State agrees to each of the following:
`(1) The State shall agree to hold the United States harmless from all
claims arising from or through the operations of the lands and facilities
conveyed by the United States.
`(2) The State shall agree to preserve and maintain a greenway corridor
which shall be open to the public for compatible recreation and conservation
activities and which shall be continuous, except for areas referred to in
subparagraphs (A) and (C) of this paragraph, along the project route over
lands acquired by the Secretary or by the State or State Canal Authority,
or lands acquired along the project route in the future by the State
or State Canal Authority, to the maximum width possible, as determined
in the management plan to be developed by the State for former project
lands. Such greenway corridor shall not be less than 300 yards wide,
except for the following areas:
`(A) Any area of the project corridor where, as of the date of the enactment
of this subparagraph, no land is owned by the State or State Canal Authority.
`(B) Any area of the project corridor where, as of the date of the enactment
of this subparagraph, the land owned by the State or State Canal Authority
is less than 300 yards wide.
`(C) Any area of the project corridor where a road or bridge crosses the
project corridor.
`(3) Consistent with paragraph (2) of this subsection, the State shall create
a State park or conservation/recreation area in the lands and interests
in lands acquired for the project lying between the Atlantic Ocean and the
western boundaries of sections 20 and 29, township 15 south, range 23 east.
`(4) The State shall agree, consistent with paragraphs (2), (5) and (6) of
this subsection, to preserve, enhance, interpret, and manage the water and
related land resources of the area containing cultural, fish and wildlife,
scenic, and recreational values in the remaining lands and interests in
land acquired for the project, lying west of sections 20 and 29, township
15 south, range 23 east, as determined by the State, for the benefit and
enjoyment of present and future generations of people and the development
of outdoor recreation.
`(5) The State shall agree to pay, from the assets of the State Canal
Authority and the Cross Florida Canal Navigation District, including
revenues from the sale of former project lands declared surplus by the
State management plan, to the counties of Citrus, Clay, Duval, Levy,
Marion, and Putnam a minimum aggregate sum of $32,000,000 in cash or, at
the option of the counties, payment to be made by conveyance of surplus
former project lands selected by the State at current appraised values.
`(6) The State shall agree to provide that, after repayment of all sums
due to the counties of Citrus, Clay, Duval, Levy, Marion, and Putnam,
the State may use any remaining funds generated from the sale of former
project lands declared surplus by the State to acquire the fee title to
lands along the project route as to which less than fee title was obtained,
or to purchase privately owned lands, or easements over such privately owned
lands, lying within the proposed project route, consistent with paragraphs
(2), (3), and (4) of this subsection, according to such priorities as are
determined in the management plan to be developed by the State for former
project lands. Any remaining funds generated from the sale of former project
lands declared surplus by the State shall be used for the improvement
and management of the greenway corridor consistent with paragraphs (2),
(3), and (4) of this subsection.
`(c) ENFORCEMENT-
`(1) REMEDIES AND JURISDICTION- The United States is directed to vigorously
enforce the agreement referred to in subsections (a) and (b) in the courts
of the United States and shall be entitled to any remedies in equity or law,
including, without limitation, injunctive relief. The court, in issuing any
final order in any suit brought pursuant to this subsection, may, in its
discretion, award costs of litigation (including reasonable attorney and
expert witness fees) to any prevailing party. The United States district
courts shall have original and exclusive jurisdiction of any action under
this subsection.
`(2) STATE REMEDIES- The State shall be entitled to the same remedies
listed in paragraph (1) of this subsection in the courts of the State or
of the United States.
`(d) TIME OF TRANSFER- Actual transfer of lands and management
responsibilities under this section shall not occur on the constructed
portions of the project lying between the Atlantic Ocean and the Eureka
Lock and Dam, inclusive, and between the Gulf of Mexico and the Inglis Lock
and Dam, inclusive, until the last day of the 24-month period beginning
on the date of the enactment of the Water Resources Development Act of 1990.
`(e) MANAGEMENT PENDING TRANSFER- In the 24-month period following the
date of the enactment of the Water Resources Development Act of 1990,
the Secretary shall carry out any and all programmed maintenance on the
portions of the project outlined in subsection (d).
`(f) SURVEY- The exact acreage and legal description of the real property
to be transferred pursuant to this section shall be determined by a survey
which is satisfactory to the Secretary and to the State. The cost of such
survey shall be borne by the State.'.

d09db6ba9bef49914c56f2b1a78d3457ea8f5792389c67991503cfe065087dd1

(a) BUFFALO, NEW YORK- The Secretary shall carry out a navigation project
south of the existing dike disposal area in Buffalo, New York, under section
107 of the River and Harbor Act of 1960 (33 U.S.C. 577) by construction
of a breakwater, fishing pier, and floating docks.
(b) ROCHESTER, NEW YORK- The Secretary shall carry out a navigation project
for the mouth of the Genesee River in Rochester, New York, under section
107 of the River and Harbor Act of 1960 (33 U.S.C. 577) by development
and implementation of wave surge control measures.
(c) BOLLES HARBOR, MICHIGAN- The Secretary shall carry out a navigation
project at the mouth of the LaPliasance Creek, Bolles Harbor, Michigan,
under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577)
by construction of an offshore barrier.
(d) FORT PECK RESERVOIR, MONTANA- The Secretary shall carry out a navigation
project at the Fort Peck Reservoir, Montana, under section 107 of the
River and Harbor Act of 1960 (33 U.S.C. 577) by construction of a breakwater.

fa9dbf55879e41d960252cbdbc1529ad096ae4d84ab3b97aa561df1b5a22cd02

(a) MANAGEMENT CONFERENCE- The Secretary and the Administrator of the
Environmental Protection Agency (hereinafter in this section referred
to as the `Administrator'), and the Governor of the State of New York,
acting jointly, shall convene a management conference for the restoration,
conservation, and management of Onondaga Lake.
(b) PURPOSES OF CONFERENCE- The purpose of the management conference under
this section shall include but not be limited to--
(1) developing, within the 1-year period following the date of the enactment
of this Act, a comprehensive restoration, conservation, and management
plan that recommends priority corrective actions and compliance schedules
for the cleanup of Onondaga Lake; and
(2) coordinating implementation of the plan by the State of New York,
the United States Army Corps of Engineers, the Environmental Protection
Agency and all local agencies, governments, and other groups participating
in the conference.
(c) MEMBERSHIP-
(1) IN GENERAL- The members of the management conference shall include,
at a minimum--
(A) the Secretary,
(B) the Administrator,
(C) the Governor of the State of New York,
(D) a representative of the Attorney General of the State of New York,
(E) a representative of Onondaga County, New York, and
(F) a representative of the city of Syracuse, New York.
(2) PERMANENT REPRESENTATIVE- The members of the management conference may
designate a permanent representative to attend meetings of the management
conference and otherwise represent and vote on their behalf on the
management conference.
(3) EX OFFICIO MEMBERS- The management conference shall include the
following ex officio members:
(A) The United States Senators from the State of New York.
(B) The members of the United States House of Representatives within whose
congressional districts Onondaga Lake lies.
(4) STANDING COMMITTEES- There shall be two standing committees of the
management conference as follows:
(A) The Citizens Advisory Committee.
(B) The Technical Review Committee.
(d) PLAN-
(1) APPROVAL- Not later than 120 days after the completion of a plan
and after providing for public review and comment, the Secretary and the
Administrator shall approve such plan if the plan meets the requirements
of this section, and the Governor of the State of New York concurs in
such approval.
(2) IMPLEMENTATION- Upon approval of the plan under this section, such
plan shall be implemented.
(e) GRANT PROGRAM-
(1) IN GENERAL- The management conference, with the approval of the
Secretary, the Administrator, and the Governor of the State of New York, is
authorized to make grants to the State of New York and public or nonprofit
private agencies, institutions, organizations, and individuals.
(2) PURPOSES; NON-FEDERAL SHARE- Grants under this subsection may be
made for--
(A) research, surveys, and studies necessary for the development of the
plan under this section, except that grants to any person under this
subparagraph may not exceed 70 percent of the costs of such work and that
the non-Federal share of such costs are provided from non-Federal sources;
(B) conducting activities identified in the plan developed pursuant to this
section, except that grants to any person under this subparagraph may not
exceed 70 percent of the costs of such work and that the non-Federal share
of such costs are provided from non-Federal sources; and
(C) gathering data and retaining expert consultants in support of litigation
undertaken by the State of New York to compel clean up or obtain clean up
and damage cost from parties responsible for the pollution of Onondaga Lake.
(3) IN-KIND PAYMENTS- In-kind payments shall qualify for the purpose of
meeting the non-Federal matching requirements of this subsection.
(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Secretary and the Administrator $15,000,000 per fiscal year for
each of fiscal years 1992 through 1998 to carry out this section.

39aa28f4f2c49270c81778150a26aae3c6b600f63c7d55b076e7a4c3331b7512

The Secretary shall complete the project for removal of silt and aquatic
weeds, Sauk Lake, Minnesota, authorized by section 602 of the Water Resources
Development Act of 1986 (100 Stat. 4148), including acquisition of weed
harvesting equipment using funds appropriated by Congress for such purpose,
and shall carry out measures to protect and enhance water quality through
implementation of best management practices in the upstream drainage basin.

598d57149916f29f8510f1a00554b2f9cbe8b5c23730d98b2e76120c6d83cf31

Section 602(a) of the Water Resources Development Act of 1986 (100
Stat. 4148-49) is amended--
(1) by striking `and' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and inserting `;
and'; and
(3) by adding at the end the following new paragraph:
`(10) Wappingers Lake, New York, for removal of silt and aquatic growth.'.

0ae546653cffe90661e1e82c89306da286aabeebfd7bfb94bac9444f005cf777

(a) DRY JORDAN AND CROOKED CREEKS, ARKANSAS- The Secretary may carry out a
project for flood control, Dry Jordan and Crooked Creeks, Harrison, Arkansas,
under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
(b) BLUE RIVER AND BROCK CREEK, SALEM, INDIANA- The Secretary may carry
out a project for flood control, East Fork of the Blue River and Brock
Creek, Salem, Indiana, under section 205 of the Flood Control Act of 1948
(33 U.S.C. 701s).
(c) OLD SULFUR CREEK, ORLEANS, INDIANA- The Secretary may carry out a
project for flood control, Old Sulfur Creek, Orleans, Indiana, under
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
(d) WHITE RIVER, GIBSON COUNTY, INDIANA- The Secretary may carry out a
project for flood control, White River, Hazelton, Gibson County, Indiana,
under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
(e) FARMERS BRANCH CREEK, WHITE SETTLEMENT, TEXAS- The Secretary shall carry
out, on an expedited basis, a nonstructural project for flood control,
Farmers Branch Creek, White Settlement, Texas, under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s). Such project shall consist
of relocation and purchase of residential structures located within the
flood plain.
(f) VALLEY VIEW BRANCH, HURST, TEXAS- The Secretary may carry out a project
for flood control, Valley View Branch, Hurst, Texas, under section 205 of
the Flood Control Act of 1948 (33 U.S.C. 701s). The maximum amount which
may be allotted under such section for such project shall be $7,500,000
instead of $5,000,000.
(g) SAVAN GUT, VIRGIN ISLANDS- The maximum amount which may be allotted
under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s)
for the project for flood control, Savan Gut, Virgin Islands, shall
be $10,000,000 instead of $5,000,000. Nothing in this section shall be
construed as affecting any cost sharing requirements applicable to such
project under the Water Resources Development Act of 1986.
(h) KROUTS CREEK, WEST VIRGINIA- The Secretary may carry out a project for
flood control, Krouts Creek in the vicinity of Huntington, West Virginia,
under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s). Such
project shall include deepening and widening of the channel and culvert
replacement.

3df0e56e5b8299281102379cf3bcd746ad57389070e8f636821b9d90e0091f1e

The Secretary may undertake a project for shoreline protection along the
Saginaw River in Bay City, Michigan, at a total estimated cost of $6,105,000.

1a01cd0d2041fa4e10696f4cdffe2a08a83e913bb25e099b52f116185da1263a

The Secretary may carry out a project for shoreline protection for the Glen
Foerd Historic Property in Philadelphia, Pennsylvania, along the Delaware
River and tributaries, including restoration of seawalls.

55755264307c0b6f3ce43c7f955ec43015c1f005fedc5eb2d09aac1f88b8193e

The Secretary may carry out a project for streambank protection along the
Tennessee River in Knoxville, Tennessee.

6e65f78c45cd5d8761dc1b4339a0b2a59778f79931f73159ff30385b42517379

(a) GENERAL RULE- Notwithstanding section 1001(b)(1) of the Water Resources
Development Act of 1986, the following projects shall remain authorized
to be carried out by the Secretary:
(1) SANTA CRUZ HARBOR, CALIFORNIA- The modification for sealing the east
jetty of the project for Santa Cruz Harbor, California, authorized by
section 811 of the Water Resources Development Act of 1986 (100 Stat. 4168).
(2) PAJARO RIVER, SANTA CRUZ, CALIFORNIA- The project for flood control,
Pajaro River and tributaries, Santa Cruz, California, authorized by the
Flood Control Act of 1966 (80 Stat. 1421).
(3) HILLSBORO INLET, FLORIDA- Dredging of Hillsboro Inlet, Florida,
authorized by section 301 of the River and Harbor Act of 1965 (79
Stat. 1090).
(4) LITTLE CALUMET RIVER BASIN, INDIANA- The project for flood control,
Little Calumet River basin (Cady Marsh Ditch), Indiana, authorized by section
401(a) of the Water Resources Development Act of 1986 (100 Stat. 4115).
(5) LOUISIANA STATE PENITENTIARY LEVEE, LOUISIANA- The project for flood
control, Louisiana State Penitentiary Levee, Mississippi River, Louisiana,
authorized by section 401(a) of the Water Resources Development Act of 1986
(100 Stat. 4117).
(6) ONTONAGON HARBOR, MICHIGAN- The project for navigation, Ontonagon
Harbor, Michigan, authorized by the Rivers and Harbors Appropriations Act
of June 25, 1910 (36 Stat. 655).
(7) OTTAWA RIVER HARBOR, MICHIGAN AND OHIO- The project for navigation,
Ottawa River Harbor, Michigan and Ohio, authorized by section 201 of
the Flood Control Act of 1965 (79 Stat. 1073) and approved by committee
resolution, in accordance with the Phase I General Design Memorandum (dated
November 1976) for such project, at a total cost of $13,200,000, with an
estimated first Federal cost of $6,530,000 and an estimated non-Federal
cost of $6,670,000.
(8) SAULT SAINTE MARIE, MICHIGAN- The second lock for Sault Sainte Marie,
Michigan, authorized by section 1149 of the Water Resources Development
Act of 1986 (100 Stat. 4254-55); except that--
(A) the Secretary shall allocate, not later than 180 days after the date
of the enactment of this Act and after providing an opportunity for notice
and comment, the non-Federal share of the cost for such lock to Canada
and the States of Minnesota, Wisconsin, Indiana, Illinois, Michigan, Ohio,
Pennsylvania, and New York based on the Secretary's estimate, using current
traffic statistics, of the projected total tonnage of commercial cargo
which will be delivered to or from ports in Canada and each such State by
vessels using such lock,
(B) the non-Federal share so allocated shall not include any cost allocated
to Canada under subparagraph (A), and
(C) the amount of the non-Federal share of such cost shall be reduced by
the amount of any contribution made by the Government of Canada toward
construction of such lock.
(9) CONNEAUT, OHIO- The small boat harbor project for Conneaut, Ohio,
authorized by section 101 of the River and Harbor Act of 1966 (80
Stat. 1405).
(10) FAIRPORT, OHIO- The small boat harbor project for Fairport, Ohio,
and the dredging of the navigation project for Fairport, Ohio, authorized
pursuant to section 201 of the Flood Control Act of 1965 (42 U.S.C. 1962d-f).
(11) MEMPHIS HARBOR, MEMPHIS, TENNESSEE- The project for navigation,
Memphis Harbor, Memphis, Tennessee, authorized by section 601(a) of the
Water Resources Development Act of 1986 (100 Stat. 4145).
(12) EAST FORK OF TRINITY RIVER, TEXAS- The project for flood protection
on the East Fork of the Trinity River, Texas, authorized by section 203
of the Flood Control Act of 1962 (76 Stat. 1185).
(13) NORFOLK HARBOR, VIRGINIA- The project for deepening of 3 navigation
anchorages at Norfolk Harbor, Virginia, authorized by section 301 of the
River and Harbor Act of 1965 (79 Stat. 1090).
(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.
(c) FREEPORT, ILLINOIS- The project for flood control, Freeport, Illinois,
as authorized by section 5 of the Flood Control Act of June 22, 1936 (49
Stat. 1586), which was deauthorized by section 1002 of the Water Resources
Development Act of 1986 (100 Stat. 4208) is authorized to be carried out
by the Secretary.

4760c34ee71c10d221100e3c9eeb57e095626dd0b13c0ae600bc15de0c81ef08

The Secretary shall carry out erosion prevention projects in Vermilion
Parish and Cameron Parish, Louisiana, at a total cost of $200,000. Such
projects shall include revetment work and reconstruction of spoiled banks
with dredged material.

82c5d6b355133b3080c6c5f5cb47b45ac51a63c461a0521be33c41a766db9935

The Secretary is authorized and directed to design and construct such
flood control measures at or in the vicinity of Hazard, Kentucky, on the
North Fork of the Kentucky River as the Secretary determines necessary
and appropriate to afford the city of Hazard, Kentucky, and its immediate
environs a level of protection against flooding at least sufficient to
prevent any future losses to such city from the likelihood of flooding such
as occurred in January 1957, at a total cost of $30,000,000. With respect
to such project, Congress finds that the benefits determined in accordance
with section 209 of the Flood Control Act of 1970 and attributable to the
flood measures authorized for such project exceed the cost of such measures.

f9bb1ef7b6073f703048fe7cb3283c967d404c67e313d39bcc1651294d245d02

INTERESTS.
(a) IN GENERAL- For purposes of demonstrating the safety benefits and
economic efficiencies which would accrue as a consequence of non-Federal
management of harbor improvement projects, the Secretary shall enter into
agreements with 2 non-Federal interests pursuant to which the non-Federal
interests will undertake part or all of a harbor project authorized by law,
by utilizing their own personnel or by procuring outside services, if the
cost of doing so will not exceed the cost of the Secretary undertaking the
project. If proposals for such agreements meet the criteria of section 204 of
the Water Resources Development Act of 1986, the agreements shall be entered
into not later than 1 year after the date of the enactment of this Act.
(b) LIMITATION- At least 1 project carried out pursuant to this section
shall pertain to improvements to a major ship channel which carries a
substantial volume of both passenger and cargo traffic.
(c) REPORT- The Secretary shall transmit to Congress a report regarding
the safety benefits and economic efficiencies accrued from entering into
agreements with non- Federal interests under this section.

6d32c27b6f7be5947135a559c04774164cbebe17870485fe2bdef9bfc5b8c888

(a) IN GENERAL- The Secretary shall modify the reversionary interest
of the United States in approximately 50 acres of land reserved in the
deed described in subsection (b) for the purpose of allowing the United
Methodist Church to construct and operate a retirement village on such land.
(b) DEED DESCRIPTION- The deed referred to in subsection (a) is the
quitclaim deed dated October 22, 1963, by which the United States conveyed
to Clay County, Georgia, the parcel of land lying in land lots 263 and 264,
Seventh Land District, Clay County, Georgia.
(c) INSTRUMENT OF RELEASE- The Secretary shall execute and file in the
appropriate office an amended deed or other appropriate instrument effecting
the modification of the reversionary interest under section 1.

8bfe2b7380a4ec81edcf87c89d4e2707d9348c4d887642c89fb6a8dc959c5296

(a) EXTENSION OF PROGRAMS- Section 1103(e)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 652(e)(2)) is amended--
(1) by striking `ten years' and inserting `15 years'; and
(2) by striking `ten-year' and inserting `15-year'.
(b) EXTENSION OF AUTHORIZATION OF APPROPRIATIONS- Section 1103(e) of such
Act is amended--
(1) in paragraph (3) by striking `eight' and inserting `13';
(2) in paragraph (4) by striking `nine' and inserting `14'; and
(3) in paragraph (5) by striking `seven' and inserting `12'.
(c) RECREATIONAL PROJECTS- Section 1103(f)(2)(A) of such Act is amended
by striking `ten' and inserting `15'.

38df7fac73ae7ecf7b7607754a5936ff83b73cf517e78090f0919ab85dcdfdd2

Section 221(a) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a))
is amended by striking `State legislative' in the last sentence.

c265cf95da14350daf7fea672bc8c6ccb70d6c7fd8f5b7cae4e18a0947b66f31

Section 1134(d) of the Water Resources Development Act of 1986 (100
Stat. 4251) is amended by inserting `cabin and' after `lawfully installed
dock or'.

b4bfff4175e7a6f79603a01aa925684e28a3e37a1ce3efdb59207f1fee0fa1d0

Notwithstanding section 201 of the Flood Control Act of 1965 (42
U.S.C. 1962d-f), the authorized first Federal cost of construction of the
project for flood control, San Luis Rey, California, being carried out
under such section shall be $60,000,000.

53b8e264e6d83f8e7bddd79645e88cc970dea0391e0d203e040e44fcc35a2cb7

(a) RIVERSIDE, CALIFORNIA- If the holder and owner of a leasehold mineral
and royalty interest in the existing Prado Flood Control Basin in Riverside,
California, requests the Administrator of General Services to exchange such
interest for excess Federal property, the Administrator shall acquire such
interest by exchange of excess Federal property. Such acquisition must
be completed not later than 270 days after the date of such request. The
Administrator shall undertake an evaluation and appraisal of an interest
to be acquired under this section.
(b) SNEADS, FLORIDA-
(1) IN GENERAL- The Secretary shall convey to the trustees of the Salem
Wesleyan Church all right, title, and interest of the United States in
and to the parcel of land described in paragraph (2).
(2) PROPERTY DESCRIPTION- The parcel of land referred to in paragraph (1)
contains approximately 2.30 acres lying in section 12, township 4 north,
range 8 west, Tallahassee meridian, Jackson County, Florida, and is more
particularly described as follows:
Beginning at a point that is 294 feet west of the east line and 294 feet
north of the south line of the northeast quarter of the northeast quarter
of such section 12, and at a corner of a tract of land now or formerly
owned by the Salem Wesleyan Church;
Thence south along a line parallel to the east line of such section a
distance of approximately 269 feet to a point that is 25 feet north of the
south line of the northeast quarter of the northeast quarter of such section;
Thence west along a line parallel to the south line of the northeast quarter
of the northeast quarter of such section a distance of approximately 425
feet to the eastern right-of-way line of Florida State Road Numbered S-69A;
Thence northerly along the eastern right-of-way line of such State road a
distance of approximately 200 feet to the boundary of such Salem Wesleyan
Church tract; and
Thence northeasterly along the boundary of such Salem Wesleyan Church
tract approximately 450 feet to the point of beginning.
(3) PAYMENT OF FAIR MARKET VALUE- The conveyance authorized by this
subsection shall be made upon payment to the United States of a sum equal
to the fair market value of the land as determined by the Secretary.
(4) CONDITIONS AND RESTRICTIONS- The conveyance under this subsection
shall be subject to a reversionary interest in the United States if the
lands conveyed are used for other than church purposes. The Secretary may
require any additional terms, conditions, reservations, and restrictions in
connection with the conveyance that the Secretary determines are necessary
to protect the interests of the United States.
(5) SURVEY COSTS- The cost of any surveys necessary as an incident to the
conveyance authorized by this subsection shall be borne by the trustees
of the Salem Wesleyan Church.
(6) DEADLINE- Subject to compliance with this section, the Secretary shall
convey the parcel of land described in paragraph (2) within 2 years after
the date of the enactment of this Act.
(c) IRA D. MACLACHLAN AMERICAN LEGION POST, SAULT SAINTE MARIE, MICHIGAN-
(1) IN GENERAL- The Secretary shall convey to the Ira D. MacLachlan Post
Numbered 3 of the American Legion the parcel of land described in the Act of
June 5, 1936 (49 Stat. 1481), and the building located thereon for use as a
clubhouse for the local American Legion Post of Sault Sainte Marie, Michigan.
(2) TERMS AND CONDITIONS- The transfer under paragraph (1) shall be subject
to a reversionary interest in the United States if the land and building
transferred are used for a purpose other than as a clubhouse for the
local American Legion Post of Sault Sainte Marie, Michigan. Such transfer
shall also be subject to such other terms, conditions, regulations, and
restrictions as the Secretary determines necessary to protect the interest
of the United States.
(d) ABERDEEN, WASHINGTON-
(1) IN GENERAL- The Secretary may transfer to the city of Aberdeen,
Washington, by quitclaim deed, all rights, interests, and title of the United
States in the approximately 570.5 acres of land under the administrative
jurisdiction of the Department of the Army acquired for the purposes of
the project for Wynoochee Lake, Wynoochee River, Washington, authorized
by section 203 of the Flood Control Act of 1962 (76 Stat. 1193), together
with any improvements thereon.
(2) CONDITIONS- A transfer under this section shall be subject to the
following conditions:
(A) The city shall operate, maintain, repair, replace, and rehabilitate the
project in accordance with regulations prescribed by the Secretary which
are consistent with the project's authorized purposes including fish and
wildlife mitigation.
(B) The city shall hold and save the United States free from any claims or
damages resulting from the operation, maintenance, repair, or rehabilitation
of the project by the city or its contractors.
(C) If the city uses the land transferred under this subsection for any
purpose other than the project's authorized purposes or generation of
hydropower or fails to comply with subparagraph (A) or (B), the Secretary
shall notify the city of such use or failure. If the city does not correct
such nonconforming use or failure during the 1-year period beginning on
the date of such notification, the land transferred under this subsection
shall revert to the United States.
(3) LIMITATION- No transfer under this subsection may be made until the
Secretary has determined that the city can operate, maintain, repair,
replace, and rehabilitate the project.
(4) REPAYMENT OF CAPITAL COSTS- Nothing in this subsection shall be construed
to relieve the city of its obligations under the project contract to repay
the capital costs of the project allocated to water supply. The Secretary
may negotiate a cash settlement to allow the city to prepay the present
value of the payments for capital costs due under the contract.

0a12ac739e052e66080211a65805ecf16aeae03b8f1e7bb5661cc27c7651208f

(a) REPORT- Within 90 days after the date of the enactment of this Act,
the Administrator of the Environmental Protection Agency shall submit to the
Congress a final report on the feasibility of designating an alternative site
to the Mud Dump Site at a distance not less than 20 miles from the shoreline.
(b) PLAN- Within 180 days after the date of the enactment of this Act,
the Secretary and the Administrator of the Environmental Protection Agency
shall submit to Congress a plan for the long-term management of dredged
material from the New York/New Jersey Harbor region. The plan shall include--
(1) an identification of the source, quantities, and characteristics of
material to be dredged;
(2) a discussion of potential alternative sites for disposal of dredged
material, including the feasibility of altering the boundaries of the Mud
Dump Site;
(3) measures to reduce the quantities of dredged material proposed for
ocean disposal;
(4) measures to reduce the amount of contaminants in materials proposed
to be dredged from the Harbor through source controls and decontamination
technology;
(5) a program for monitoring the physical, chemical, and biological effects
of dumping dredged material at the Mud Dump Site; and
(6) a study of the characteristics of the bottom sediments, including type
and distribution.
(c) DEMONSTRATION PROJECT- The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall implement a
demonstration project for disposing on an annual basis up to 10 percent
of the material dredged from the New York/New Jersey Harbor region in an
environmentally sound manner other than by ocean disposal. Environmentally
sound alternatives may include capping of borrow pits, construction of a
containment island, application for landfill cover, habitat restoration,
and use of decontamination technology.
(d) DREDGED MATERIAL WHICH MAY BE DUMPED AT MUD DUMP SITE- Notwithstanding
section 103(d) of the Marine Protection, Research, and Sanctuaries Act (33
U.S.C. 1413(d)), only dredged material that meets the criteria of section
102(a) of such Act (33 U.S.C. 1412(a)) may be dumped at the Mud Dump Site.
(e) MUD DUMP SITE DEFINED- For purposes of this section, the term `Mud Dump
Site' means the area located approximately 5 3/4  miles east of Sandy Hook,
New Jersey, with boundary coordinates of 40 degrees, 23 minutes, 48 seconds
North, 73 degrees, 51 minutes, 28 seconds West; 40 degrees, 21 minutes,
48 seconds North, 73 degrees, 50 minutes, 00 seconds West; 40 degrees,
21 minutes, 48 seconds North; 73 degrees, 51 minutes, 28 seconds West;
and 40 degrees, 23 minutes, 48 seconds North; 73 degrees, 50 minutes,
00 seconds West.
(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Secretary for fiscal year 1991, $500,000 to implement subsection
(b) and $1,000,000 to implement subsection (c), and such sums as may be
necessary for fiscal year 1992.
(g) REPEAL- Section 211 of the Water Resources Development Act of 1986
(33 U.S.C. 2239) is repealed.

8be2d92d51ede75908ba3bd29cd9da64d96dc2228736ee8cf023cb74428384b5

TRANSFER OF JURISDICTION- Section 108(b) of the Water Resources Development
Act of 1974 (88 Stat. 43) is amended by striking `After publication of
notice, and after he has completed the construction of necessary access
roads, day-use facilities, campground facilities, lodges, and administrative
buildings' and inserting `Not later than 30 days after the date of the
enactment of the Water Resources Development Act of 1990'.

503011504029a8a94102abd407654ece9f488859d1f7d8199f427a5e4ceb172f

(a) GENERAL RULE- Upon request of the Governor of the Virgin Islands with
respect to a construction project in the Virgin Islands for which Federal
financial assistance is available under any law of the United States, the
Federal official administering such assistance may make such assistance
available to the Secretary instead of the Virgin Islands. The Secretary
shall use such assistance to carry out such project in accordance with
the provisions of such law.
(b) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this section shall
be construed as relieving the Virgin Islands from complying with any
requirements for non-Federal cooperation with respect to a construction
project carried out with Federal financial assistance provided to the
Secretary pursuant to this section; except that the Secretary shall be
responsible for complying with administrative and fiscal requirements
associated with utilization of such assistance.
(c) TERMINATION DATE- Subsection (a) shall not be effective after the last
day of the 3-year period beginning on the date of the enactment of this
Act; except that the Secretary shall complete construction of any project
commenced under subsection (a) before such day.

5c216ecf23ea4fe639ba6d9a61125ed2f6bdcd258717f05892bbec44a97213ec

Notwithstanding any other provision of law, section 1 of the Act of September
6, 1960 (16 U.S.C. 580m), shall not apply to the projects referred to in
paragraphs (1), (2), (3), (6), (9), (10), and (11) of section 6(a) of the
Water Resources Development Act of 1988 (102 Stat. 4022).

62f4c4c6f19ec64592bdbe3fd8dae4c2ec480b8a3a248522262b38e2a5beafce

(a) STUDY- The Secretary shall conduct a study of the water supply needs
of Liberty, Ohio.
(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 this section, together with recommendations for
meeting the projected water supply needs of Liberty, Ohio.
(c) DEMONSTRATION PROGRAM- After completion of the study under this section,
the Secretary shall conduct a technology demonstration of methods to meet
the water supply needs of Liberty, Ohio, recommended by the Secretary
under subsection (b) to determine the capability of such methods to meet
such needs.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
$2,000,000 to carry out this section.

f6926a6160648a1561a57a50700d4f444b563326f85a5af1f6be1f4af5bd56fe

(a) STUDY- The Secretary shall conduct a study of the water supply needs
of Washingtonville, Ohio.
(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 this section, together with recommendations for
meeting the projected water supply needs of Washingtonville, Ohio.
(c) DEMONSTRATION PROGRAM- After completion of the study under this section,
the Secretary shall conduct a technology demonstration of methods to
meet the water supply needs of Washingtonville, Ohio, recommended by the
Secretary under subsection (b) to determine the capability of such methods
to meet such needs.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
$2,000,000 to carry out this section.

b0a9b4f86b94151f6cd1b324665da3c5843b07b280232f2bc3e2e99683ada948

No construction may be carried out with respect to the permit granted by
the Corps of Engineers for project application 83-0747-06 until--
(1) submission of the report mandated by section 5 of Public Law 100-589; and
(2) review of such report and determination by the Corps of Engineers of
the impact of the project in light of such report.

5ffdd4cb90b8d0b9a2bf35508b3da62278af7ee537290024c9243e967ede3a44

(a) STUDY- The Secretary, in consultation with the Administrator of
the Environmental Protection Agency, shall conduct a feasibility study
of wastewater treatment options for transporting contamination from the
Central Landfill site and other sources of pollution in Rhode Island to a
wastewater treatment facility in Cranston, Rhode Island, through the use
of a regional connector system.
(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 this section.
(c) DEMONSTRATION PROGRAM- After completion of the feasibility study under
this section, the Secretary shall conduct a technology demonstration of the
connector system described in subsection (a) to determine the capability
of the system design to operate properly.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
$1,000,000 to carry out subsection (a) and $5,000,000 to carry out subsection
(c).

b4c5d743e6ac77c1362cf6fff98c162c269133e2edc2c2ddae1d21b5a298f829

The Secretary is authorized to assist the city of Santa Rosa, California,
in the development and construction of storage facilities associated with
wastewater reclamation, with an estimated Federal cost of $45,000,000.

16beb936370982b889bce1a58d461f122560357607ef0e5289af954d44330489

The Secretary may not authorize, approve, or recommend any activity referred
to in section 10 of the Rivers and Harbors Act of 1899 in connection with
the construction (commencing after the enactment of this section) by any
entity of generation facilities at the project on the Savage River referred
to in section 6(a)(7) of the Water Resources Development Act of 1988 (102
Stat. 4022) or at any location on the Savage River downstream of such project
and upstream of the confluence of the Savage River and the North Branch
of the Potomac River. No permit under the Federal Water Pollution Control
Act shall authorize any discharge in connection with the construction or
operation of any such facilities and no certification shall be issued or
waived under such Act for any discharge resulting from such construction
or operation. The prohibitions contained in the first 2 sentences of this
section shall also be applicable to the project referred to in section
6(a)(9) of the Water Resources Development Act of 1988 (102 Stat. 4022).

7d46d3500db1d761dd842ac750ef1819a9ee8e992e94f2ed76ee245718d428b2

The Secretary shall provide assistance to non-Federal interests in the
design and construction of repairs to the dam at Flat Rock, Michigan.

3415182d70d018ec8f87d875dc6c741c7e1a166333b1aeca029b848a7b83c879

The Secretary shall carry out a navigation project to dredge the navigation
channel and adjacent basin at Warroad Harbor, Minnesota. The project shall
be undertaken to provide safe boating access and egress and to upgrade
existing retaining walls.

a337a00457097b9a044022f2e563017846704a38c119d70b9ac94542a07b5329

The non-Federal share of correcting the design deficiency of the North
Ellenville portion of the project for flood control, Rondout Creek and
Wallkill River and their tributaries, New York and New Jersey, authorized
by section 203 of the Flood Control Act of 1962 (76 Stat. 1181), shall be
the same as the non-Federal share of the project as originally authorized
and constructed.

eaacf2bd2d35f9cb86fe58a1d4d56a06dbd8967d5c46dba7031d4bbb0dcf1c40

The Secretary is authorized to carry out planning, engineering, and design
for replacement of the Bridge Street bridge in Struthers, Ohio, at a total
cost of $2,000,000.

2dbdebe4ca430b1476b05b160108cc82c8e9d50a9c19af79ec4b1d379d3ef7cf

The Secretary shall, pursuant to section 156 of the Water Resources
Development Act of 1976 (42 U.S.C. 1962d-5f), enter into a local cooperation
agreement with the city of Virginia Beach, Virginia, for nourishment of the
project for beach erosion, Virginia Beach, Virginia, authorized by section
101 of the River and Harbor Act of 1954 (68 Stat. 1254).  Such agreement
shall be deemed to have taken effect on February 6, 1987.

200fa69301f9869752a310f2d0f7c61988bc1cd9f0c507ed0a8603791a9b8f5a

The Secretary is authorized to carry out planning, engineering, and design
of the Center Street bridge new alignment for Youngstown, Ohio, at a total
cost of $2,000,000.

1646bcf86695a0031e235c36f60ed74406c86c2f6964d4f2d340f701cd35f0ba

The Secretary is authorized to carry out planning, engineering, and design
for construction of a bridge between Maysville, Kentucky, and the State
of Ohio, at a total cost of $2,000,000.

eb93f61ba7bd8bc3cc2a495d6024aa4d5f6f0b14b8d5e7a5e02281594eb32433

(a) ESTABLISHMENT- There is established a commission to be known as the
`Southwest Region Flood Response Evaluation Commission' (hereinafter in
this section referred to as the `Commission').
(b) DUTIES OF COMMISSION- The Commission shall evaluate--
(1) existing flood control measures in the Arkansas, Red, and Ouachita
river basins, including the adequacy of flood control storage at existing
reservoirs, operation of such reservoirs, and downstream flood control
and local protection projects;
(2) the effectiveness of Federal emergency response capabilities to prevent
or minimize loss of life and damage to property resulting from flooding; and
(3) the effectiveness of Federal disaster assistance programs in providing
adequate and prompt compensation to flood victims.
(c) MEMBERSHIP-
(1) NUMBER AND APPOINTMENT- The Commission shall be composed of 6 members
appointed as follows:
(A) The Secretary (or the Secretary's delegate).
(B) The Secretary of Agriculture (or the Secretary's delegate).
(C) The Director of the Federal Emergency Management Agency (or the
Director's delegate).
(D) The Governor of the State of Arkansas (or the Governor's delegate).
(E) The Governor of the State of Oklahoma (or the Governor's delegate).
(F) The Governor of the State of Texas (or the Governor's delegate).
(2) TERMS- Each member shall be appointed for the life of the Commission.
(3) TRAVEL EXPENSES- Members shall serve without pay but shall receive
travel expenses, including per diem in lieu of subsistence, in accordance
with sections 5702 and 5703 of title 5, United States Code.
(4) QUORUM- Three members of the Commission shall constitute a quorum but
a lesser number may hold hearings.
(5) CHAIRPERSON- The Chairperson of the Commission shall be elected by
the members.
(6) MEETINGS- The Commission shall meet at the call of the Chairperson or
a majority of its members.
(d) POWERS OF COMMISSION-
(1) HEARINGS AND SESSIONS- The Commission may, for the purpose of carrying
out this section, hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers appropriate.
(2) POWERS OF MEMBERS AND AGENTS- Any member or agent of the Commission may,
if authorized by the Commission, take any action which the Commission is
authorized to take by this subsection.
(3) OBTAINING OFFICIAL DATA- The Commission may secure directly from
any department or agency of the United States information necessary to
enable it to carry out this section. Upon request of the Chairperson of
the Commission, the head of that department or agency shall furnish such
information to the Commission.
(4) MAILS- The Commission may use the United States mails in the same
manner and under the same conditions as other departments and agencies of
the United States.
(5) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the Commission,
the Administrator of General Services shall provide to the Commission,
on a reimbursable basis, the administrative support services necessary
for the Commission to carry out its responsibilities under this section.
(e) REPORT- The Commission shall transmit a report to the President and
Congress not later than 1 year after the date of the enactment of this
Act. The report shall contain a detailed statement of the findings and
conclusions of the Commission, together with recommendations for such
legislation and administrative actions as the Commission considers
appropriate.
(f) TERMINATION- The Commission shall terminate 30 days after submitting
its final report pursuant to subsection (e).

cdb773d5374ad011b3c9d43f4fdb8471ca441bf162883a96aa8d1c2b45f7640c

The Secretary shall undertake--
(1) projects for rehabilitation and reconstruction of Federal flood control
levees on the Arkansas River, Arkansas and Oklahoma, substantially in
accordance with the Little Rock District Engineer's Arkansas River Basin,
Arkansas and Oklahoma, Draft Feasibility Report, dated March 1990, and
the Tulsa District Engineer's Keystone to Tulsa Reconnaissance Report,
dated September 1989; and
(2) projects for rehabilitation and reconstruction of Federal flood control
levees on the Red River, Oklahoma and Arkansas, below Denison Dam.
The purpose of such projects shall be to make such levees comply with
current Federal design standards. Such projects shall include repairs of
design deficiencies and replacement of deteriorated drainage structures and
other appurtenances.

9fe4434416b8c2987f66568335fe3f15d0bcecb67b99d4bfabd308fb141745c2

(a) INSTALLATION- The Secretary may develop and install a flood warning
system for the Santa Clara River and its tributaries (including Santa Paula
Creek), Ventura and Los Angeles Counties, California, at a total cost of
$850,000. Such system shall provide, at a minimum, base stations in both
Ventura and Santa Paula, California.
(b) OPERATION AND MAINTENANCE- Before installation of the flood warning
system under this section, non-Federal interests must agree to operate
and maintain such system and to develop, maintain, and implement such
emergency preparedness plans for flooding along the Santa Clara River and
its tributaries in Ventura and Los Angeles Counties, California, as are
satisfactory to the Secretary.

597a710430e1becf98724497cb234c587dfab3f2762aaa8b392fe9ec59a5ad7f

Section 1137 of the Water Resources Development Act of 1986 (100 Stat. 4252)
is amended by striking `5 years' and inserting `10 years'.

1358b1a699ba73adbd262ca47170e787dfdb4e468eef2952674e408c821c3359

The Secretary shall amend the contract for use of storage space for
water supply in Caesar's Creek Lake, Ohio, to relieve the non-Federal
sponsor of the requirement to make annual payments for that portion of the
maintenance and operation costs applicable to future water supply storage
as is consistent with the Water Supply Act of 1958 (Public Law 85-500). The
relief provided by the preceding sentence shall apply for 5 years after
the date of the enactment of this Act or until the storage space is used,
whichever first occurs, and shall apply in such proportion as the storage
is used for water supply purposes.

772d6336d18ce1904224f66bc5c0acd81bc8a006a20303398f5778c9e0382d97

(a) AREA TO BE DECLARED NONNAVIGABLE; PUBLIC INTEREST- Unless the Secretary
finds, after consultation with local and regional public officials
(including local and regional public planning organizations), that the
proposed projects to be undertaken within the boundaries of Lake Erie
described in Committee Print 101-48 of the Committee on Public Works and
Transportation of the House of Representatives, dated July 1990, are not in
the public interest then, subject to subsections (b) and (c) of this section,
those portions of Lake Erie, bounded and described in such Committee print,
are declared to be nonnavigable waters of the United States.
(b) LIMITS ON APPLICABILITY; REGULATORY REQUIREMENTS- The declaration under
subsection (a) shall apply only to those parts of the areas described
in the Committee print referred to in subsection (a) which are or will
be bulkheaded and filled or otherwise occupied by permanent structures,
including marina facilities. All such work is subject to all applicable
Federal statutes and regulations including, but not limited to, sections
9 and 10 of the Act of March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401 and
403), commonly known as the Rivers and Harbors Appropriations Act of 1899,
section 404 of the Federal Water Pollution Control Act, and the National
Environmental Policy Act of 1969.
(c) EXPIRATION DATE- If, 20 years from the date of the enactment of
this Act, any area or part thereof described in the Committee print
referred to in subsection (a) is not bulkheaded or filled or occupied
by permanent structures, including marina facilities, in accordance with
the requirements set out in subsection (b), or if work in connection with
any activity permitting in subsection (b) is not commenced within 5 years
after issuance of such permits, then the declaration of nonnavigability
for such area or part thereof shall expire.

6f988ea3adf5206ff4bcec3fc792023010b1a7f04f5754217f3b1814bbee9ce0

Not later than January 20, 1991, the Secretary shall transmit to Congress
a list which specifically identifies opportunities of enhancing wetlands
in connection with construction and operation of water resource projects.

bae49f5d3a5cb140852f4e757ada605dfad3dc345189e9e7a4daa59c4825313e

(a) GRANT PROGRAM- The Secretary, in cooperation with State public
authorities, may assist local governments in demonstrating methods of
mitigating radium contamination in ground water. Upon application of a
State public authority, the Secretary may make a grant to the authority
for such purposes. Assistance provided pursuant to this section shall
be used for financing the acquisition and installation of ground water
treatment technologies needed to remove radium from ground water used as
a source of public drinking water for residents of small communities under
the jurisdiction of such local governments.
(b) PURPOSES OF GRANTS- Funds made available through grants under this
section may only be used by the grant recipient for one or both of the
following purposes:
(1) Providing insurance or prepaying interest for local obligations issued by
a local government to finance the acquisition and installation of treatment
technologies described in subsection (a).
(2) Paying for the costs of administration for establishment and operation
by such authority of a program to provide financing for such acquisition
and installation.
(c) DEFINITIONS- For purposes of this section, the following definitions
apply:
(1) SMALL COMMUNITY- The term `small community' means a political subdivision
of a State the population of which does not exceed 20,000 individuals.
(2) STATE PUBLIC AUTHORITY- The term `State public authority' means an
agency or instrumentality of a State which is established for the purposes
of assisting local governments in financing capital improvements on a
statewide or regional basis.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this section $6,000,000 for fiscal year 1991, $7,000,000 for
fiscal year 1992, and $7,000,000 for fiscal year 1993.

84a076b1809b98190c17a3a26abb2282845750aed07b55d4c0f1f89de7b51dc5

(a) HOT SPRINGS, ARKANSAS- The amount which non-Federal interests would
be required to pay, but for this section, of the costs of the feasibility
study which the Secretary is conducting for a flood control project for
Hot Springs, Arkansas, shall be reduced by the same percentage as the
percentage of the total benefits of such project which are attributable
to protection of lands owned by the United States.
(b) South Atlantic Cargo Traffic-
(1) STUDY- The Secretary, in conjunction with the Administrator of the
Federal Maritime Administration of the Department of Transportation,
shall conduct a study of the market for container ship traffic in the
South Atlantic region of the United States from Port Everglades, Florida,
to Norfolk, Virginia.
(2) PURPOSES- The purposes of the study to be conducted under this subsection
are as follows:
(A) Identifying major containerized cargo trade routes and commodity flows.
(B) Identifying inland transportation infrastructure needs.
(C) Projecting future traffic volumes.
(D) Forecasting future container vessel fleets.
(E) Developing origin-to-destination transportation costs.
(F) Developing differential trade route costs for origin-destination pairs.
(G) Forecasting future micro- and mini-bridging opportunities.
(H) Developing a computerized database of all traffic flows and costs.
(I) Forecasting future port infrastructure needs.
(3) REPORT- Not later than 14 months after the date of the enactment of
this Act, the Secretary shall transmit to Congress a report on the results
of the study conducted under this subsection.
(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this subsection $1,200,000.
(c) LOWER CALLEGUAS CREEK, CALIFORNIA-
(1) STUDY- The Secretary shall conduct a feasibility study for a flood
control project on the lower Calleguas Creek, California. A purpose of the
study shall be to determine the full benefits of increased agricultural
production which are likely to result from the project.
(2) REPORT- Not later than December 31, 1991, the Secretary shall transmit
to Congress a report on the results of the study conducted under this
subsection.
(3) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this subsection $600,000 for fiscal years beginning after
September 30, 1990. Such sums shall remain available until expended.
(d) RANCHO PALOS VERDES, CALIFORNIA- The Secretary shall--
(1) complete the study of the feasibility of constructing shoreline erosion
mitigation measures along the Rancho Palos Verdes coastline and in the
city of Rolling Hills, California, authorized by section 712 of the Water
Resources Development Act of 1986 (100 Stat. 4160), and
(2) in connection with such study, investigate measures to conserve fish and
wildlife (as specified in section 704 of the Water Resources Development
Act of 1986), including measures to demonstrate the effectiveness of
intertidal marine habitat.
(e) SOUTHERN CALIFORNIA INFRASTRUCTURE RESTORATION-
(1) STUDY- The Secretary, in consultation with the Director of the Federal
Emergency Management Agency, shall conduct a feasibility study in the
Southern California region of the problems and alternative solutions,
including governmental roles and responsibilities, of restoring such
region's public works infrastructure (including roads and highways,
fixed rails, bridges, airports, flood control channels, dams, aqueducts,
and utility pipes and lines) to full service following earthquakes which
cause substantial damage to such infrastructure.
(2) 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 conducted under this subsection.
(3) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this subsection $1,500,000.
(f) SANTA MONICA BREAKWATER, CALIFORNIA- The Secretary shall complete
the reconnaissance investigation and feasibility study for the breakwater
project, Santa Monica, California, not later than July 1, 1992, and shall
ensure that reestablishment of past charter fishing vessel accommodation
activities which existed in the area from the 1930's until prior to damage
of the breakwater structure shall be counted the same as commercial benefits
for purposes of section 119 of the 1970 River and Harbor Act.
(g) California Oil Spill Restoration-
(1) STUDY- The Secretary, in consultation with the Director of the Federal
Emergency Management Agency and the Commandant of the Coast Guard, shall
conduct a feasibility study in the California coastal region of the problems
and alternative solutions, including Federal and non-Federal roles and
responsibilities, of containment and restoration of coastal waters and
lands (including natural wildlife, habitat restoration, commercial, and
recreational activities) following a major oil spill.
(2) 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 conducted under this subsection.
(3) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this subsection $1,500,000.
(h) ATLANTA, GEORGIA-
(1) STUDY REVIEW- The Secretary, in cooperation with the Administrator of
the Environmental Protection Agency and the Atlanta Regional Commission,
shall review the completed study and supporting documentation for the
Metropolitan Atlanta Area Water Resources Management Study for the purpose
of providing plans for the improvement of water quality of major streams
in the Metropolitan Atlanta Region. The scope of the review shall include
review of the effectiveness of existing treatment facilities and the need
for additional or improved treatment of municipal and industrial wastewater,
combined sewer overflows, and other significant point or nonpoint pollution
sources.
(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 results of
the review conducted under this subsection.
(i) THURMAN TO HAMBURG, IOWA- The Secretary shall complete the feasibility
phase of the study authorized by section 1152 of the Water Resources
Development Act of 1986 (100 Stat. 4255), including completion of planning
and specifications, not later than August 1, 1991, and commence construction
of the project authorized by such section not later than October 1, 1991.
(j) ROCK CREEK, MARYLAND-
(1) WATER QUALITY STUDY- The Secretary shall conduct a study of methods
of improving water quality of Rock Creek, Maryland.
(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 results of
the study conducted under this subsection.
(k) SAGINAW BAY, MICHIGAN-
(1) EXTENSION OF DEADLINE FOR FEASIBILITY REPORT- Section 711 of the Water
Resources Development Act of 1986 (100 Stat. 4160) is amended by striking
`1989' and inserting `1992'.
(2) CONTINUATION OF FEASIBILITY STUDY AUTHORIZATION- For purposes of section
710 of the Water Resources Development Act of 1986, the study authorized
by section 711 of such Act shall be treated as being authorized on the
date of the enactment of this Act.
(l) WATER SUPPLY STUDY, MINNESOTA AND NORTH DAKOTA- The Secretary shall
conduct a study, with the States of Minnesota and North Dakota, to determine
and recommend alternative plans to augment flows in the Red River of the
North, Minnesota and North Dakota. Such study shall include methods to
supplement flows on such river for municipal, industrial, agricultural,
and fish and wildlife purposes and recognize the need for continued flow
into Canada. In conducting such study, the Secretary shall coordinate with
the Bureau of Reclamation on actions being undertaken by the Bureau with
respect to the Garrison Diversion Unit.
(m) UPPER MISSISSIPPI RIVER-
(1) STUDY- The Secretary shall conduct a study of the water quality of
the Upper Mississippi River.
(2) CONSULTATION- In conducting such study, the Secretary is authorized to
consult with, and request the assistance of, the United States Geological
Survey, the Fish and Wildlife Service, the Environmental Protection Agency,
and affected States.
(3) REPORT- The Secretary shall report the results of the study conducted
under this subsection, together with findings and recommendations of the
Secretary, to Congress on or before December 31, 1992.
(4) AUTHORIZATION OF APPROPRIATION- There is authorized to be appropriated
$2,000,000 to carry out the study authorized by this subsection.
(n) HIGHFIELD WATER COMPANY, NEW JERSEY-
(1) STUDY- The Comptroller General shall conduct a study of the facts and
circumstances concerning the claims of the Highfield Water Company, New
Jersey, against the United States Army Corps of Engineers for the purpose
of making recommendations for an appropriate settlement of such claims.
(2) REPORT- Not later than 6 months after the date of the enactment of
this Act, the Comptroller General shall transmit to Congress a report on
the results of the study conducted under this subsection.
(o) MANASQUAN RIVER, NEW JERSEY-
(1) STUDY- The Secretary shall conduct a study of the feasibility of
implementing flood control measures on the Manasquan River to alleviate
flooding in Freehold, Howell, and other effected townships in New Jersey.
(2) REPORT- Not later than December 31, 1992, the Secretary shall transmit
to Congress a report on the results of the study conducted under this
subsection.
(p) BUFFALO, NEW YORK-
(1) REVIEW AND EVALUATION- The Secretary shall conduct a review and
evaluation of the plan prepared by the city of Buffalo, New York, on
flooding and associated water quality problems (including those associated
with combined sewer overflows, sewer backups, and riverside outfalls)
in the Buffalo, New York, metropolitan area.
(2) PURPOSES- The purposes of the review and evaluation to be conducted
under this subsection are to develop recommendations for Federal and
State participation in solving the problems described in paragraph (1)
and to identify flood control benefits of implementing the plan.
(3) REPORT- Not later than 9 months after the date of the enactment of this
Act, the Secretary shall transmit to Congress and the mayor of Buffalo,
New York, a report on the results of the review and evaluation conducted
under this subsection.
(q) LAKE ERIE TO OHIO RIVER CANAL, OHIO- The study for the inland
navigation project, Lake Erie to the Ohio River Canal, Ohio, authorized
by resolution of the Committee on Public Works and Transportation of the
House of Representatives, dated October 1, 1986, shall be considered to be
a water resources study primarily designed for the purposes of navigation
improvements in the nature of dams, locks, and channels on the Nation's
system of inland waterways.
(r) MILL CREEK, TENNESSEE-
(1) FEASIBILITY STUDY- The Secretary shall study the feasibility of nondam
options to alleviate flooding along Mill Creek and Seven Mile Creek,
Tennessee.
(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 results of
the study conducted under this section, together with a recommended plan
for alleviating the flooding referred to in paragraph (1).
(s) NEW MADRID INFRASTRUCTURE RESTORATION-
(1) STUDY- The Secretary, in consultation with the Director of the
Federal Emergency Management Agency, shall conduct a feasibility study
in the region surrounding the New Madrid Fault (including the States of
Tennessee, Missouri, Arkansas, Kentucky, Mississippi, Indiana, and Illinois)
of the problems and alternative solutions, including governmental roles and
responsibilities, of restoring such region's public works infrastructure
(including roads and highways, fixed rails, bridges, airports, flood control
channels, dams, aqueducts, and utility pipes and lines) to full service
following earthquakes which cause substantial damage to such infrastructure.
(2) 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 study
conducted under this subsection.
(3) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this subsection $1,500,000.

9e1dc1af1b382fb977412409badc1140243b435959b8bd4d41834aa007482346

(a) INVESTIGATION- The Secretary may undertake an investigation of the
lands bordering on the Lake of the Woods, Minnesota, to determine if
such lands and improvements thereto in the United States currently meet
applicable requirements of international agreements concerning regulation
of the levels of the Lake of the Woods.
(b) LAND ACQUISITION- In addition, the Secretary may acquire lands and
provide protective works and measures when necessary to satisfy the
requirements referred to in subsection (a).
(c) REPORT- The Secretary shall report to Congress within 1 year after the
date of the enactment of this Act on the progress made in carrying out this
section and the need for further legislation to resolve any outstanding
claims for damages caused by the need for additional protective works and
measures to satisfy the requirements referred to in subsection (a).

cff269bde81b251f976440149057b5b16369c1b21260718ace61b66a858af42f

(a) REVIEW AND INVESTIGATION- The Secretary, in conjunction with the
Commandant of the United States Coast Guard and in consultation with
appropriate Federal and State agencies and the Port Authority of New York
and New Jersey, shall conduct a comprehensive review of existing reports
on New York Harbor and a systems investigation of the system of channels
and anchorages of the Port of New York and New Jersey (including areas
and channels outside the Federal system). Such investigation shall include
analysis of traffic design, shoaling, and hydraulics in order to determine
the potential of streamlining the operation of such system and of reducing
the potential for maritime accidents. The Secretary is further directed
to construct feasible works within the Secretary's authority and to make
recommendations to Congress with respect to works which are needed to improve
the operation of such system and are outside the Secretary's authority.
(b) REPORTS-
(1) INITIAL FINDINGS- Not later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit to Congress initial findings on
the review and investigation conducted under subsection (a).
(2) FINAL REPORT- Not later than 2 years after the date of the enactment
of this Act, the Secretary shall transmit to Congress a final report on
such review and investigation.

66e99e1d807c2e917b64b3d858ff06ab0390dfdf35947df9a3096822ee733dce

(a) NOTIFICATION OF MEMBERS OF CONGRESS- Section 1001(b)(2) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)) is amended by
inserting after the first sentence the following new sentence: `Before
submission of such list to Congress, the Secretary shall notify each
Senator in whose State, and each Member of the House of Representatives
in whose district, a project (including any part thereof) on such list
would be located.'.
(b) REPEAL OF OUTDATED DEAUTHORIZATION PROVISION- Section 12 of the Water
Resources Development Act of 1974 (33 U.S.C. 579) is repealed.
(c) SPECIFIED PROJECTS- The following projects are not authorized after
the date of the enactment of this Act, except with respect to any portion
of such a project which portion has been completed before such date or is
under construction on such date:
(1) GREENWICH HARBOR, CONNECTICUT- The following portion of the channel
at Greenwich Harbor, Connecticut, authorized by the Rivers and Harbors
Appropriations Act of March 2, 1919 (40 Stat. 1276):
Beginning at a point on the limit line of the Federal Anchorage Area in
Greenwich Harbor, such point having coordinates of N66,309.76 E358,059.81
and running thence northwesterly along the limit line of the Federal
Anchorage Area N50«0104W, a distance of 621.62 feet to an angle point on
the existing Federal Anchorage Area Limit Line having coordinates N66,709.18
E357,583.50; thence continuing along the existing Federal Anchorage Area
Limit Line N39«5855E a distance of 200.00 feet to an angle point on the
existing Federal Anchorage Area Limit Line having coordinates N66,862.43
E357,712.01; thence continuing along the existing Federal Anchorage Area
Limit Line S50«0104E a distance of 140.00 feet to a point on the existing
Federal Anchorage Area Limit Line having coordinates N66,772.47 E357,819.28;
thence running into the existing Federal Anchorage Area S39«5855W a distance
of 187.66 feet to a point having coordinates N66,628.75 E357,698.76; thence
running in the existing Federal Anchorage Area S59«1032"E a distance of
376.47 feet to a point having coordinates N66,435.85 E358,022.05; thence
running in the existing Federal Anchorage Area S16«4026"E a distance of
131.62 feet to the point and place of the beginning for a total area of
47,737 square feet.
(2) CONNEAUT HARBOR, OHIO- The feature of the navigation project for Conneaut
Harbor, Ohio, authorized by section 101 of the River and Harbor Act of 1962
(76 Stat. 1176), which feature is a channel lying easterly of the access
channel and adjacent to the municipal pier.
(3) BIG RIVER RESERVOIR, RHODE ISLAND- The water supply project, Big
River Reservoir, Providence, Rhode Island, authorized by section 601(a)
of the Water Resources Development Act of 1986 (100 Stat. 4144).

9ae60b8df274f1ea5297c92a8c6a9b8192e135d13f37390cd7ff16144c10e2e1

(a) DESIGNATION- The harbor commonly known as Half Moon Bay Harbor, located
in El Granada, California, shall hereafter be known and designated as
`Pillar Point Harbor'.
(b) LEGAL REFERENCES- A reference in any law, map, regulation, document,
record, or other paper of the United States to the harbor referred to in
subsection (a) shall be deemed to be a reference to `Pillar Point Harbor'.

ad508512f4c45a56ae485d8a1364c4a5648c8f801a1bc1ad7682cc8667312603

Section 901 of the Water Resources Development Act of 1986 (100 Stat. 4183)
is amended by adding after paragraph (5) the following new paragraphs:
`(6) For the fiscal year ending September 30, 1992, the sum of
$1,800,000,000.
`(7) For the fiscal year ending September 30, 1993, the sum of
$1,800,000,000.'.

ef67a2e4cc1436201ce74376f88e2a11d36614345fca52389dc2eb4d27e54983

The Secretary is directed to submit to the Congress for approval any
proposed changes in the allocation of storage for the Raystown Lake project,
Pennsylvania, which result from the on-going Raystown Lake Reallocation
Study undertaken by the Baltimore District. Pending submission to and
approval by the Congress of the results of that study, the Secretary may
not reallocate storage at the project.

1673a691359db42daade2282b7c805aa59eaa389c473cb2ae7fc07c6f8e480de

DEVELOPMENT PROGRAM.
Section 403 of the Appalachian Regional Development Act of 1965 (40
U.S.C. App. 403) is amended by inserting `Columbiana,' after `Carroll,
Clermont,'.

a3c73339c5ebf8c3915a72c2ecad4c7ea61bddaa20d7af97a878294b8dd75473

NORTH CAROLINA.
(a) IN GENERAL- The Secretary shall conduct an exchange rate demonstration
project for the eastern channel of Lockwood's Folly River Inlet, North
Carolina, to improve water quality, at a total cost of $1,300,000, with
an estimated first Federal cost of $9,750,000 and an estimated first
non-Federal cost of $3,250,000.
(b) CONSULTATION REQUIREMENT- In conducting the demonstration project
under this section, the Secretary shall consult with appropriate Federal
and State departments and agencies.

671d1c41550cd5809ea3938658c6b2b429fb34cbd2ae14373647df256c5da590

(a) CONSTRUCTION OF EXTENSION- Subject to subsection (e), the Secretary
shall construct an extension of the American Canal, together with pumping
plants, wasteways, measuring devices, and other facilities needed to connect
such extension with existing irrigation systems. Such extension shall lie
wholly in the United States and shall be approximately 13 miles in length,
beginning at the downstream end of the current American Canal in El Paso,
Texas, and extending to Riverside Heading.
(b) OPERATION OF CANAL-
(1) IN GENERAL- Except as provided in paragraph (2), the Secretary shall
operate the extension of the American Canal provided for in subsection (a).
(2) DELIVERY OF WATERS- The Secretary shall enter into an agreement with El
Paso County Water Improvement District Number 1 pursuant to which the Water
Improvement District would be responsible for the operation of the American
Canal with respect to the delivery of all waters, with the exception of
those waters belonging to Mexico which, consistent with paragraph (3),
the Secretary shall be responsible for delivering.
(3) UNITED STATES OBLIGATIONS UNDER 1906 AND 1933 CONVENTIONS- In authorizing
the agreement described in paragraph (2), this Act--
(A) does not in any way affect the jurisdiction, powers, or prerogatives
of the International Boundary and Water Commission, United States and
Mexico, and
(B) does not in any way impede the ability of the United States Government
to fulfill its obligations under the 1906 and 1933 Conventions.
(c) USE OF CANAL AS CONVEYANCE CHANNEL-
(1) USE BY MEXICO- The Secretary may enter into an agreement with Mexico
which permits Mexico to use the American Canal as a conveyance channel. Any
such agreement shall require Mexico to make payments to the United States
for Mexico's use of the American Canal.
(2) USE BY NON-FEDERAL ENTITIES- Upon obtaining the express approval of
the Secretary, El Paso County Water Improvement District Number 1 may
enter into agreements with other non-federal entities pursuant to which
such entities may use the American Canal as a conveyance channel.
(d) MAINTENANCE OF EXTENSION- The Secretary shall maintain the extension
of the American Canal provided for in subsection (a).
(e) LOCAL CONTRIBUTIONS TO COSTS- The extension of the American Canal
provided for in subsection (a) may not be constructed unless the Secretary
and El Paso County Water Improvement District Number 1 have entered into
the following agreements:
(1) CONSTRUCTION COSTS- An agreement pursuant to which El Paso County
Water Improvement District Number 1 will pay $5,000,000 as its share of the
construction costs for the construction of the extension of the American
Canal provided for in subsection (a).
(2) MAINTENANCE COSTS- An agreement pursuant to which El Paso County
Water Improvement District Number 1 will contribute a cumulative amount
of $50,000 each year to the United States Commissioner as its share of
the costs for maintenance of the extension of the American Canal provided
for in subsection (a). After the 7-year anniversary of the completion
of the construction of that extension (and after the end of each 7-year
interval since the last such renegotiation), the Secretary and the El Paso
County Water Improvement District Number 1 may renegotiate the amount of
the contribution of El Paso County Water Improvement District Number 1
pursuant to the agreement required by this paragraph in order to reflect
any increase in Bureau of Labor Statistics Consumer Price Index-Urban Wage
Earners and Clerical Workers (CPI-W)-1982-84-100 Index. In the event the
funds contributed by the El Paso County Water Improvement District Number
1 pursuant to this paragraph are not utilized during any given year, the
funds shall be carried over to the succeeding years in a contingency fund
for necessary preventative and routine maintenance work to be performed
by the United States Section, International Boundary and Water Commission.
(f) REPEAL OF PREVIOUS CONSTRUCTION AUTHORIZATION- Title IV of the Act
entitled `An Act to authorize various Federal reclamation projects and
programs, and for other purposes', approved September 28, 1976 (Public
Law 94-423; 90 Stat. 1327), is repealed.
(g) STUDY OF SUBSIDENCE DAMAGE- The Secretary--
(1) shall conduct a study to determine the likelihood and extent of any
damage to property adjacent to the American Canal which would be caused by
subsidence related to the Canal extension provided for in subsection (a), and
(2) shall submit a report to the Congress detailing his findings not later
than 1 year after the date of the enactment of this Act.
(h) AUTHORIZATION OF APPROPRIATIONS-
There are authorized to be appropriated--
(1) $42,000,000 to construct the extension of the American Canal provided
for in subsection (a); and
(2) such sums as may be necessary to operate and maintain that extension
and to conduct the study required by subsection (g).
(i) DEFINITIONS- As used in this section--
(1) AMERICAN CANAL- The term `American Canal' means the Rio Grande American
Canal constructed pursuant to the Act of August 29, 1935 (49 Stat. 961).
(2) UNITED STATES COMMISSIONER- The term `United States Commissioner'
means the United States Commissioner, International Boundary and Water
Commission, United States and Mexico.
(3) SECRETARY- The term `Secretary' means the Secretary of State, acting
through the United States Commissioner.

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(a) GENERAL RULE- Notwithstanding any other provision of law, the Secretary
shall not expend, after the date of the enactment of this Act, any funds
appropriated to carry out this Act for any project, unless materials and
products used in such project are produced in the United States.
(b) LIMITATIONS ON APPLICABILITY- The provisions of subsection (a) shall
not apply where the Secretary finds--
(1) that their application would be inconsistent with the public interest;
(2) that materials and products referred to in subsection (a) are not
produced in the United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
(3) that inclusion of material and products produced in the United States
in a project will increase the cost of such project by more than 25 percent.

8212612913987a61cf06e1f8083eeb8cff147a5f4db798850e0835dfee72d0ea

OF OAKLAND AND ALAMEDA, CALIFORNIA.
The Secretary may convey, by quitclaim deed, the title of the United States
in all or portions of the approximately 86 acres of uplands, tidelands,
and submerged lands, commonly referred to as the Oakland Inner Harbor
Tidal Canal, California, as follows:
(1) To the city of Oakland, 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 of Oakland.
(2) To the city of Alameda, 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 of Alameda.
The Secretary may reserve and retain from any such conveyance a right-of-way
for the operation and maintenance of the authorized Federal channel in the
Oakland Inner Harbor Tidal Canal.

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ELM RESERVOIR, DENTON COUNTY, TEXAS.
(a) AUTHORIZATION OF CONVEYANCE-
(1) GENERAL RULE- Subject to paragraphs (2) and (3), the Secretary shall
convey all right, title, and interest of the United States in any property
described in subsection (d) to the person named in subsection (c) (or his
or her heirs and assigns) from whom the United States acquired such right,
title, and interest in connection with the Lewisville Dam and Garza-Little
Elm Reservoir projects in Denton County, Texas.
(2) TIME LIMIT- Each conveyance under paragraph (1) shall be made within
90 days after the date of receipt of payment under subsection (b) from
such person.
(3) APPLICABILITY- The requirement of paragraph (1) shall apply with respect
to a property for which payment under subsection (b) is made within 60
days of the date of the enactment of this Act.
(b) PRICE TO BE PAYED BEFORE CONVEYANCE- No conveyance shall be made under
authority of this section until the person to whom such conveyance will be
made pays to the United States the fair market value of the right, title,
and interest to be conveyed, or $2,000 per acre of property conveyed,
whichever is less.
(c) ELIGIBLE BUYERS- The persons to whom conveyances may be made under
authority of this section are the following: Stella Faye Anderson, Archer
Lee Curtis, Arden Foil Curtis, William Rylie Curtis, Fred C. Emery, Max
Hahn, Jr., Nolen Hasten, Rosella Higgins, Marguerite Higgins, Shirley
Dean Johnson, Curtis N. McDaniel, Gilbert Newton MacDaniel, John Edward
McWhorter, Noble Alfred Talley, and Zennia Marie Warnick.
(d) PROPERTY TO BE CONVEYED-
(1) IN GENERAL- The property that may be conveyed under authority of this
section consists of those tracts of land located near the Lewisville Dam and
the Garza-Little Elm Reservoir in Denton County, Texas, which are designated
by the following tract numbers in Army Corps of Engineers Project M2-2-0003:
--------------------------
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B134 B152 B164
B136 B153 B165
B143 B154 B166
B144 B155 B167
B145 B156 B177
B146 B157 B178
B148 B158 B179
B149 B159 B193
B150 B162 B194
B151 B163
--------------------------
(2) EXCLUDED PORTIONS- The property referred to in paragraph (1) does not
include portions of tracts listed in paragraph (1) to the extent that such
portions are within 200 feet of the spillway of the Lewisville Dam.
Attest:
Clerk.
S 2740 EAH----2
S 2740 EAH----3
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S 2740 EAH----5
S 2740 EAH----6
S 2740 EAH----7
S 2740 EAH----8
S 2740 EAH----9
S 2740 EAH----10
S 2740 EAH----11

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Zebra Mussel Control Act of 1990 — S. 2740

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