[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 640 Enrolled Bill (ENR)]
S.640
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 1996''.
(b) Table of Contents.--

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TITLE I

-WATER RESOURCES PROJECTS

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TITLE II

-GENERAL PROVISIONS

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TITLE III

-PROJECT-RELATED PROVISIONS

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TITLE IV

-STUDIES

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TITLE V

-MISCELLANEOUS PROVISIONS

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TITLE VI

-EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR MAINTENANCE

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

6f35d53129e082b110e947a5f0ce6bf9ea37a810481ca9f915af96d9ae285324

(a) Projects With Chief's Reports.--Except as provided in this
subsection, the following projects for water resources development and
conservation and other purposes are authorized to be carried out by the
Secretary substantially in accordance with the plans, and subject to
the conditions, described in the respective reports designated in this
subsection:
(1) American river watershed, california.--
(A) In general.--The project for flood damage reduction,
American and Sacramento Rivers, California: Report of the Chief
of Engineers, dated June 27, 1996, at a total cost of
$56,900,000, with an estimated Federal cost of $42,675,000 and
an estimated non-Federal cost of $14,225,000, consisting of--
(i) approximately 24 miles of slurry wall in the levees
along the lower American River;
(ii) approximately 12 miles of levee modifications
along the east bank of the Sacramento River downstream from
the Natomas Cross Canal;
(iii) 3 telemeter streamflow gauges upstream from the
Folsom Reservoir; and
(iv) modifications to the flood warning system along
the lower American River.
(B) Credit toward non-federal share.--The non-Federal
interest shall receive credit toward the non-Federal share of
project costs for expenses that the non-Federal interest incurs
for design or construction of any of the features authorized
under this paragraph before the date on which Federal funds are
made available for construction of the project. The amount of
the credit shall be determined by the Secretary.
(C) Interim operation.--Until such time as a comprehensive
flood damage reduction plan for the American River watershed
has been implemented, the Secretary of the Interior shall
continue to operate the Folsom Dam and Reservoir to the
variable 400,000/670,000 acre-feet of flood control storage
capacity and shall extend the agreement between the Bureau of
Reclamation and the Sacramento Area Flood Control Agency with
respect to the watershed.
(D) Other costs.--The non-Federal interest shall be
responsible for--
(i) all operation, maintenance, repair, replacement,
and rehabilitation costs associated with the improvements
carried out under this paragraph; and
(ii) 25 percent of the costs incurred for the variable
flood control operation of the Folsom Dam and Reservoir
during the 4-year period beginning on the date of the
enactment of this Act and 100 percent of such costs
thereafter.
(2) Humboldt harbor and bay, california.--The project for
navigation, Humboldt Harbor and Bay, California: Report of the
Chief of Engineers, dated October 30, 1995, at a total cost of
$15,180,000, with an estimated Federal cost of $10,000,000 and an
estimated non-Federal cost of $5,180,000.
(3) Marin county shoreline, san rafael, california.--The
project for hurricane and storm damage reduction, Marin County
shoreline, San Rafael, California: Report of the Chief of
Engineers, dated January 28, 1994, at a total cost of $28,300,000,
with an estimated Federal cost of $18,400,000 and an estimated non-
Federal cost of $9,900,000.
(4) Port of long beach (deepening), california.--The project
for navigation, Port of Long Beach (Deepening), California: Report
of the Chief of Engineers, dated July 26, 1996, at a total cost of
$37,288,000, with an estimated Federal cost of $14,318,000 and an
estimated non-Federal cost of $22,970,000.
(5) San lorenzo river, california.--The project for flood
control, San Lorenzo River, California: Report of the Chief of
Engineers, dated June 30, 1994, at a total cost of $21,800,000,
with an estimated Federal cost of $10,900,000 and an estimated non-
Federal cost of $10,900,000 and habitat restoration, at a total
cost of $4,050,000, with an estimated Federal cost of $3,040,000
and an estimated non-Federal cost of $1,010,000.
(6) Santa barbara harbor, california.--The project for
navigation, Santa Barbara Harbor, California: Report of the Chief
of Engineers, dated April 26, 1994, at a total cost of $5,840,000,
with an estimated Federal cost of $4,670,000 and an estimated non-
Federal cost of $1,170,000.
(7) Santa monica breakwater, california.--The project for
hurricane and storm damage reduction, Santa Monica Breakwater,
Santa Monica, California: Report of the Chief of Engineers, dated
June 7, 1996, at a total cost of $6,440,000, with an estimated
Federal cost of $4,220,000 and an estimated non-Federal cost of
$2,220,000.
(8) Anacostia river and tributaries, district of columbia and
maryland.--The project for environmental restoration, Anacostia
River and Tributaries, District of Columbia and Maryland: Report of
the Chief of Engineers, dated November 15, 1994, at a total cost of
$17,144,000, with an estimated Federal cost of $12,858,000 and an
estimated non-Federal cost of $4,286,000.
(9) Atlantic intracoastal waterway, st. johns county,
florida.--The project for navigation, Atlantic Intracoastal
Waterway, St. Johns County, Florida: Report of the Chief of
Engineers, dated June 24, 1994, at a total Federal cost of
$15,881,000. Operation, maintenance, repair, replacement, and
rehabilitation shall be a non-Federal responsibility, and the non-
Federal interest shall assume ownership of the bridge.
(10) Cedar hammock (wares creek), florida.--The project for
flood control, Cedar Hammock (Wares Creek), Manatee County,
Florida: Report of the Chief of Engineers, dated August 23, 1996,
at a total cost of $13,846,000, with an estimated Federal cost of
$10,385,000 and an estimated non-Federal cost of $3,461,000.
(11) Lower savannah river basin, georgia and south carolina.--
The project for environmental restoration, Lower Savannah River
Basin, Georgia and South Carolina: Report of the Chief of
Engineers, dated July 30, 1996, at a total cost of $3,431,000, with
an estimated Federal cost of $2,573,000 and an estimated non-
Federal cost of $858,000.
(12) Lake michigan, illinois.--The project for storm damage
reduction and shoreline erosion protection, Lake Michigan,
Illinois, from Wilmette, Illinois, to the Illinois-Indiana State
line: Report of the Chief of Engineers, dated April 14, 1994, at a
total cost of $204,000,000, with an estimated Federal cost of
$110,000,000 and an estimated non-Federal cost of $94,000,000. The
project shall include the breakwater near the South Water
Filtration Plant described in the report as a separate element of
the project, at a total cost of $11,470,000, with an estimated
Federal cost of $7,460,000 and an estimated non-Federal cost of
$4,010,000. The Secretary shall reimburse the non-Federal interest
for the Federal share of any costs incurred by the non-Federal
interest--
(A) in reconstructing the revetment structures protecting
Solidarity Drive in Chicago, Illinois, if such work is
determined by the Secretary to be a component of the project;
and
(B) in constructing the breakwater near the South Water
Filtration Plant in Chicago, Illinois.
(13) Kentucky lock and dam, tennessee river, kentucky.--The
project for navigation, Kentucky Lock and Dam, Tennessee River,
Kentucky: Report of the Chief of Engineers, dated June 1, 1992, at
a total cost of $393,200,000. The costs of construction of the
project are to be paid \1/2\ from amounts appropriated from the
general fund of the Treasury and \1/2\ from amounts appropriated
from the Inland Waterways Trust Fund.
(14) Pond creek, jefferson county, kentucky.--The project for
flood control, Pond Creek, Jefferson County, Kentucky: Report of
the Chief of Engineers, dated June 28, 1994, at a total cost of
$16,080,000, with an estimated Federal cost of $10,993,000 and an
estimated non-Federal cost of $5,087,000.
(15) Wolf creek dam and lake cumberland, kentucky.--The project
for hydropower, Wolf Creek Dam and Lake Cumberland, Kentucky:
Report of the Chief of Engineers, dated June 28, 1994, at a total
cost of $53,763,000, with an estimated non-Federal cost of
$53,763,000. Funds derived by the Tennessee Valley Authority from
its power program and funds derived from any private or public
entity designated by the Southeastern Power Administration may be
used to pay all or part of the costs of the project.
(16) Port fourchon, lafourche parish, louisiana.--The project
for navigation, Belle Pass and Bayou Lafourche, Louisiana: Report
of the Chief of Engineers, dated April 7, 1995, at a total cost of
$4,440,000, with an estimated Federal cost of $2,300,000 and an
estimated non-Federal cost of $2,140,000.
(17) West bank of the mississippi river, new orleans (east of
harvey canal), louisiana.--The project for hurricane damage
reduction, West Bank of the Mississippi River in the vicinity of
New Orleans (East of Harvey Canal), Louisiana: Report of the Chief
of Engineers, dated May 1, 1995, at a total cost of $126,000,000,
with an estimated Federal cost of $82,200,000 and an estimated non-
Federal cost of $43,800,000.
(18) Blue river basin, kansas city, missouri.--The project for
flood control, Blue River Basin, Kansas City, Missouri: Report of
the Chief of Engineers, dated September 5, 1996, at a total cost of
$17,082,000, with an estimated Federal cost of $12,043,000 and an
estimated non-Federal cost of $5,039,000.
(19) Wood river, grand island, nebraska.--The project for flood
control, Wood River, Grand Island, Nebraska: Report of the Chief of
Engineers, dated May 3, 1994, at a total cost of $11,800,000, with
an estimated Federal cost of $6,040,000 and an estimated non-
Federal cost of $5,760,000.
(20) Las cruces, new mexico.--The project for flood control,
Las Cruces, New Mexico: Report of the Chief of Engineers, dated
June 24, 1996, at a total cost of $8,278,000, with an estimated
Federal cost of $5,494,000 and an estimated non-Federal cost of
$2,784,000.
(21) Atlantic coast of long island, new york.--The project for
storm damage reduction, Atlantic Coast of Long Island from Jones
Inlet to East Rockaway Inlet, Long Beach Island, New York: Report
of the Chief of Engineers, dated April 5, 1996, at a total cost of
$72,091,000, with an estimated Federal cost of $46,859,000 and an
estimated non-Federal cost of $25,232,000.
(22) Cape fear--northeast (cape fear) rivers, north carolina.--
The project for navigation, Cape Fear--Northeast (Cape Fear)
Rivers, North Carolina: Report of the Chief of Engineers, dated
September 9, 1996, at a total cost of $221,735,000, with an
estimated Federal cost of $132,936,000 and an estimated non-Federal
cost of $88,799,000.
(23) Wilmington harbor, cape fear river, north carolina.--The
project for navigation, Wilmington Harbor, Cape Fear and Northeast
Cape Fear Rivers, North Carolina: Report of the Chief of Engineers,
dated June 24, 1994, at a total cost of $23,953,000, with an
estimated Federal cost of $15,572,000 and an estimated non-Federal
cost of $8,381,000.
(24) Duck creek, cincinnati, ohio.--The project for flood
control, Duck Creek, Cincinnati, Ohio: Report of the Chief of
Engineers, dated June 28, 1994, at a total cost of $15,947,000,
with an estimated Federal cost of $11,960,000 and an estimated non-
Federal cost of $3,987,000.
(25) Willamette river temperature control, mckenzie subbasin,
oregon.--The project for environmental restoration, Willamette
River Temperature Control, McKenzie Subbasin, Oregon: Report of the
Chief of Engineers, dated February 1, 1996, at a total Federal cost
of $38,000,000.
(26) Rio grande de arecibo, puerto rico.--The project for flood
control, Rio Grande de Arecibo, Puerto Rico: Report of the Chief of
Engineers, dated April 5, 1994, at a total cost of $19,951,000,
with an estimated Federal cost of $10,557,000 and an estimated non-
Federal cost of $9,394,000.
(27) Charleston harbor, south carolina.--The project for
navigation, Charleston Harbor Deepening and Widening, South
Carolina: Report of the Chief of Engineers, dated July 18, 1996, at
a total cost of $116,639,000, with an estimated Federal cost of
$71,940,000 and an estimated non-Federal cost of $44,699,000.
(28) Big sioux river and skunk creek, sioux falls, south
dakota.--The project for flood control, Big Sioux River and Skunk
Creek, Sioux Falls, South Dakota: Report of the Chief of Engineers,
dated June 30, 1994, at a total cost of $34,600,000, with an
estimated Federal cost of $25,900,000 and an estimated non-Federal
cost of $8,700,000.
(29) Gulf intracoastal waterway, aransas national wildlife
refuge, texas.--The project for navigation and environmental
preservation, Gulf Intracoastal Waterway, Aransas National Wildlife
Refuge, Texas: Report of the Chief of Engineers, dated May 28,
1996, at a total cost of $18,283,000, with an estimated Federal
cost of $18,283,000.
(30) Houston-galveston navigation channels, texas.--The project
for navigation and environmental restoration, Houston-Galveston
Navigation Channels, Texas: Report of the Chief of Engineers, dated
May 9, 1996, at a total cost of $298,334,000, with an estimated
Federal cost of $197,237,000 and an estimated non-Federal cost of
$101,097,000, and an average annual cost of $786,000 for future
environmental restoration over the 50-year life of the project,
with an estimated annual Federal cost of $590,000 and an estimated
annual non-Federal cost of $196,000. The removal of pipelines and
other obstructions that are necessary for the project shall be
accomplished at non-Federal expense. Non-Federal interests shall
receive credit toward cash contributions required during
construction and subsequent to construction for design and
construction management work that is performed by non-Federal
interests and that the Secretary determines is necessary to
implement the project.
(31) Marmet lock, kanawha river, west virginia.--The project
for navigation, Marmet Lock, Kanawha River, West Virginia: Report
of the Chief of Engineers, dated June 24, 1994, at a total cost of
$229,581,000. The costs of construction of the project are to be
paid \1/2\ from amounts appropriated from the general fund of the
Treasury and \1/2\ from amounts appropriated from the Inland
Waterways Trust Fund.
(b) Projects Subject to Report.--The following projects for water
resources development and conservation and other purposes are
authorized to be carried out by the Secretary substantially in
accordance with the plans, and subject to the conditions, recommended
in a final report (or in the case of the project described in paragraph
(10), a Detailed Project Report) of the Corps of Engineers, if the
report is completed not later than December 31, 1996:
(1) Chignik, alaska.--The project for navigation, Chignik,
Alaska, at a total cost of $10,365,000, with an estimated Federal
cost of $4,282,000 and an estimated non-Federal cost of $6,083,000.
(2) Cook inlet, alaska.--The project for navigation, Cook
Inlet, Alaska, at a total cost of $5,700,000, with an estimated
Federal cost of $3,700,000 and an estimated non-Federal cost of
$2,000,000.
(3) St. paul island harbor, st. paul, alaska.--The project for
navigation, St. Paul Harbor, St. Paul, Alaska, at a total cost of
$18,981,000, with an estimated Federal cost of $12,239,000 and an
estimated non-Federal cost of $6,742,000.
(4) Norco bluffs, riverside county, california.--The project
for bluff stabilization, Norco Bluffs, Riverside County,
California, at a total cost of $8,600,000, with an estimated
Federal cost of $6,450,000 and an estimated non-Federal cost of
$2,150,000.
(5) Terminus dam, kaweah river, california.--The project for
flood control and water supply, Terminus Dam, Kaweah River,
California, at a total cost of $34,500,000, with an estimated
Federal cost of $20,200,000 and an estimated non-Federal cost of
$14,300,000.
(6) Rehoboth beach and dewey beach, delaware.--The project for
storm damage reduction and shoreline protection, Rehoboth Beach and
Dewey Beach, Delaware, at a total cost of $9,423,000, with an
estimated Federal cost of $6,125,000 and an estimated non-Federal
cost of $3,298,000, and an estimated average annual cost of
$282,000 for periodic nourishment over the 50-year life of the
project, with an estimated annual Federal cost of $183,000 and an
estimated annual non-Federal cost of $99,000.
(7) Brevard county, florida.--The project for shoreline
protection, Brevard County, Florida, at a total cost of
$76,620,000, with an estimated Federal cost of $36,006,000 and an
estimated non-Federal cost of $40,614,000, and an estimated average
annual cost of $2,341,000 for periodic nourishment over the 50-year
life of the project, with an estimated annual Federal cost of
$1,109,000 and an estimated annual non-Federal cost of $1,232,000.
(8) Lake worth inlet, florida.--The project for navigation and
shoreline protection, Lake Worth Inlet, Palm Beach Harbor, Florida,
at a total cost of $3,915,000.
(9) Miami harbor channel, florida.--The project for navigation,
Miami Harbor Channel, Miami, Florida, at a total cost of
$3,221,000, with an estimated Federal cost of $1,800,000 and an
estimated non-Federal cost of $1,421,000.
(10) New harmony, indiana.--The project for streambank erosion
protection, Wabash River at New Harmony, Indiana, at a total cost
of $2,800,000, with an estimated Federal cost of $2,100,000 and an
estimated non-Federal cost of $700,000.
(11) Westwego to harvey canal, louisiana.--The project for
hurricane damage prevention and flood control, West Bank Hurricane
Protection (Lake Cataouatche Area), Jefferson Parish, Louisiana, at
a total cost of $14,375,000, with an estimated Federal cost of
$9,344,000 and an estimated non-Federal cost of $5,031,000.
(12) Chesapeake and delaware canal, maryland and delaware.--The
project for navigation and safety improvements, Chesapeake and
Delaware Canal, Baltimore Harbor Connecting Channels, Delaware and
Maryland, at a total cost of $82,800,000, with an estimated Federal
cost of $53,852,000 and an estimated non-Federal cost of
$28,948,000.
(13) Absecon island, new jersey.--The project for storm damage
reduction and shoreline protection, Brigantine Inlet to Great Egg
Harbor Inlet, Absecon Island, New Jersey, at a total cost of
$52,000,000, with an estimated Federal cost of $34,000,000 and an
estimated non-Federal cost of $18,000,000.

83f171b8862475c7eac3461c8ab5f843aeebb8210882a27a3dc17f385a27bbb6

The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is feasible,
may carry out the project under section 205 of the Flood Control Act of
1948 (33 U.S.C. 701s):
(1) South upland, san bernadino county, california.--Project
for flood control, South Upland, San Bernadino County, California.
(2) Birds, lawrence county, illinois.--Project for flood
control, Birds, Lawrence County, Illinois.
(3) Bridgeport, lawrence county, illinois.--Project for flood
control, Bridgeport, Lawrence County, Illinois.
(4) Embarras river, villa grove, illinois.--Project for flood
control, Embarras River, Villa Grove, Illinois.
(5) Frankfort, will county, illinois.--Project for flood
control, Frankfort, Will County, Illinois.
(6) Sumner, lawrence county, illinois.--Project for flood
control, Sumner, Lawrence County, Illinois.
(7) Vermillion river, demonade park, lafayette, louisiana.--
Project for nonstructural flood control, Vermillion River, Demonade
Park, Lafayette, Louisiana. In carrying out the study and the
project (if any) under this paragraph, the Secretary shall use
relevant information from the Lafayette Parish feasibility study
and expedite completion of the study under this paragraph.
(8) Vermillion river, quail hollow subdivision, lafayette,
louisiana.--Project for nonstructural flood control, Vermillion
River, Quail Hollow Subdivision, Lafayette, Louisiana. In carrying
out the study and the project (if any) under this paragraph, the
Secretary shall use relevant information from the Lafayette Parish
feasibility study and expedite completion of the study under this
paragraph.
(9) Kawkawlin river, bay county, michigan.--Project for flood
control, Kawkawlin River, Bay County, Michigan.
(10) Whitney drain, arenac county, michigan.--Project for flood
control, Whitney Drain, Arenac County, Michigan.
(11) Festus and crystal city, missouri.--Project for flood
control, Festus and Crystal City, Missouri. In carrying out the
study and the project (if any) under this paragraph, the Secretary
shall use relevant information from the existing reconnaissance
study and shall expedite completion of the study under this
paragraph.
(12) Kimmswick, missouri.--Project for flood control,
Kimmswick, Missouri. In carrying out the study and the project (if
any) under this paragraph, the Secretary shall use relevant
information from the existing reconnaissance study and shall
expedite completion of the study under this paragraph.
(13) River des peres, st. louis county, missouri.--Project for
flood control, River Des Peres, St. Louis County, Missouri. In
carrying out the study and the project (if any), the Secretary
shall determine the feasibility of potential flood control
measures, consider potential storm water runoff and related
improvements, and cooperate with the Metropolitan St. Louis Sewer
District.
(14) Malta, montana.--Project for flood control, Malta,
Montana.
(15) Buffalo creek, erie county, new york.--Project for flood
control, Buffalo Creek, Erie County, New York.
(16) Cazenovia creek, erie county, new york.--Project for flood
control, Cazenovia Creek, Erie County, New York.
(17) Cheektowaga, erie county, new york.--Project for flood
control, Cheektowaga, Erie County, New York.
(18) Fulmer creek, village of mohawk, new york.--Project for
flood control, Fulmer Creek, village of Mohawk, New York.
(19) Moyer creek, village of frankfort, new york.--Project for
flood control, Moyer Creek, village of Frankfort, New York.
(20) Sauquoit creek, whitesboro, new york.--Project for flood
control, Sauquoit Creek, Whitesboro, New York.
(21) Steele creek, village of ilion, new york.--Project for
flood control, Steele Creek, village of Ilion, New York.
(22) Willamette river, oregon.--Project for nonstructural flood
control, Willamette River, Oregon, including floodplain and
ecosystem restoration.

f916db83c8078ae0832a179ea38f60df1d2a6be28a2108b8750f3ba13ae62fd7

The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is feasible,
may carry out the project under section 14 of the Flood Control Act of
1946 (33 U.S.C. 701r):
(1) St. joseph river, indiana.--Project for bank stabilization,
St. Joseph River, South Bend, Indiana, including recreation and
pedestrian access features.
(2) Allegheny river at oil city, pennsylvania.--Project for
bank stabilization to address erosion problems affecting the
pipeline crossing the Allegheny River at Oil City, Pennsylvania,
including measures to address erosion affecting the pipeline in the
bed of the Allegheny River and its adjacent banks.
(3) Cumberland river, nashville, tennessee.--Project for bank
stabilization, Cumberland River, Nashville, Tennessee.

8f52c3829370ea86bad7ada91b992ce112141b4557836370f9962dbc789411db

The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is feasible,
may carry out the project under section 107 of the River and Harbor Act
of 1960 (33 U.S.C. 577):
(1) Akutan, alaska.--Project for navigation, Akutan, Alaska,
consisting of a bulkhead and a wave barrier, including application
of innovative technology involving use of a permeable breakwater.
(2) Illinois and michigan canal, illinois.--Project for
navigation, Illinois and Michigan Canal, Illinois, including marina
development at Lock 14.
(3) Grand marais harbor breakwater, michigan.--Project for
navigation, Grand Marais Harbor breakwater, Michigan.
(4) Duluth, minnesota.--Project for navigation, Duluth,
Minnesota.
(5) Taconite, minnesota.--Project for navigation, Taconite,
Minnesota.
(6) Two harbors, minnesota.--Project for navigation, Two
Harbors, Minnesota.
(7) Caruthersville harbor, pemiscot county, missouri.--Project
for navigation, Caruthersville Harbor, Pemiscot County, Missouri,
including enlargement of the existing harbor and bank stabilization
measures.
(8) New madrid county harbor, missouri.--Project for
navigation, New Madrid County Harbor, Missouri, including
enlargement of the existing harbor and bank stabilization measures.
(9) Brooklyn, new york.--Project for navigation, Brooklyn, New
York, including restoration of the pier and related navigation
support structures, at the Sixty-Ninth Street Pier.
(10) Buffalo inner harbor, buffalo, new york.--Project for
navigation, Buffalo Inner Harbor, Buffalo, New York, including
enlargement of the existing harbor and bank stabilization measures.
(11) Glenn cove creek, new york.--Project for navigation, Glenn
Cove Creek, New York, including bulkheading.
(12) Union ship canal, buffalo and lackawanna, new york.--
Project for navigation, Union Ship Canal, Buffalo and Lackawanna,
New York.

38822b73a360eee8aa976109e4a90e0d0dd8970a450c0fc6b6b4cde570a5b6dd

The Secretary shall conduct a study for each of the following
projects, and if the Secretary determines that the project is feasible,
may carry out the project under section 3 of the Act entitled ``An Act
authorizing Federal participation in the cost of protecting the shores
of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426g;
60 Stat. 1056):
(1) Fort pierce, florida.--Project for 1 mile of additional
shoreline protection, Fort Pierce, Florida.
(2) Sylvan beach breakwater, verona, oneida county, new york.--
Project for shoreline protection, Sylvan Beach breakwater, Verona,
Oneida County, New York.

0900690f6de74fda74be701fc9f3039fe281cf28b4b984fe6ffb10a07a3107f2

RIVER, LITTLE FALLS, MINNESOTA.
The Secretary shall conduct a study for a project for clearing,
snagging, and sediment removal, East Bank of the Mississippi River,
Little Falls, Minnesota, including removal of sediment from culverts.
The study shall include a determination of the adequacy of culverts to
maintain flows through the channel. If the Secretary determines that
the project is feasible, the Secretary may carry out the project under
section 3 of the Act entitled ``An Act authorizing the construction,
repair, and preservation of certain public works on rivers and harbors,
and for other purposes'', approved March 2, 1945 (33 U.S.C. 603a; 59
Stat. 23).

20b4b9155eeee2723723b1ec64b50f05bde057ecab6c5933148e113e1e97f0ab

The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is
appropriate, may carry out the project under section 1135(a) of the
Water Resources Development Act of 1986 (33 U.S.C. 2309a(a)):
(1) Pine flat dam, california.--Project for fish and wildlife
habitat restoration, Pine Flat Dam, Kings River, California,
including construction of a turbine bypass.
(2) Upper truckee river, el dorado county, california.--Project
for environmental restoration, Upper Truckee River, El Dorado
County, California, including measures for restoration of degraded
wetlands and wildlife enhancement.
(3) Whittier narrows dam, california.--Project for
environmental restoration and remediation of contaminated water
sources, Whittier Narrows Dam, California.
(4) Lower amazon creek, oregon.--Project for environmental
restoration, Lower Amazon Creek, Oregon, consisting of
environmental restoration measures relating to the flood reduction
measures constructed by the Corps of Engineers and the related
flood reduction measures constructed by the Natural Resources
Conservation Service.
(5) Ashley creek, utah.--Project for fish and wildlife
restoration, Ashley Creek near Vernal, Utah.
(6) Upper jordan river, salt lake county, utah.--Project for
channel restoration and environmental improvement, Upper Jordan
River, Salt Lake County, Utah.

d3b38d791033f9e51ad48e3fe94bb3ff127bf53d78034b51ff8374de04f8872b

(a) Construction.--Section 101(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(a); 100 Stat. 4082-4083) is
amended--
(1) in paragraph (2) by striking the last sentence and
inserting the following: ``The value of lands, easements, rights-
of-way, and relocations provided under paragraph (3) and the costs
of relocations borne by the non-Federal interests under paragraph
(4) shall be credited toward the payment required under this
paragraph.'';
(2) in paragraph (3)--
(A) by inserting ``and'' after ``rights-of-way,'';
(B) by striking ``, and dredged material disposal areas'';
and
(C) by inserting ``, including any lands, easements,
rights-of-way, and relocations (other than utility relocations
accomplished under paragraph (4)) that are necessary for
dredged material disposal facilities'' before the period at the
end of such paragraph; and
(3) by adding at the end the following:
``(5) Dredged material disposal facilities for project
construction.--In this subsection, the term `general navigation
features' includes constructed land-based and aquatic dredged
material disposal facilities that are necessary for the disposal of
dredged material required for project construction and for which a
contract for construction has not been awarded on or before the
date of the enactment of this paragraph.''.
(b) Operation and Maintenance.--Section 101(b) of such Act (33
U.S.C. 2211(b); 100 Stat. 4083) is amended--
(1) by inserting ``(1) In general.--'' before ``The Federal'';
(2) by indenting and moving paragraph (1) (as designated by
paragraph (1) of this subsection) 2 ems to the right;
(3) by striking ``pursuant to this Act'' and inserting ``by the
Secretary pursuant to this Act or any other law approved after the
date of the enactment of this Act''; and
(4) by adding at the end the following:
``(2) Dredged material disposal facilities.--The Federal share
of the cost of constructing land-based and aquatic dredged material
disposal facilities that are necessary for the disposal of dredged
material required for the operation and maintenance of a project
and for which a contract for construction has not been awarded on
or before the date of the enactment of this paragraph shall be
determined in accordance with subsection (a). The Federal share of
operating and maintaining such facilities shall be determined in
accordance with paragraph (1).''.
(c) Agreement.--Section 101(e)(1) of such Act (33 U.S.C.
2211(e)(1); 100 Stat. 4083) is amended by striking ``and to provide
dredged material disposal areas and perform'' and inserting ``including
those necessary for dredged material disposal facilities, and
perform''.
(d) Consideration of Funding Requirements and Equitable
Apportionment.--Section 101 of such Act (33 U.S.C. 2211; 100 Stat.
4082-4084) is amended by adding at the end the following:
``(f) Consideration of Funding Requirements and Equitable
Apportionment.--The Secretary shall ensure, to the extent practicable,
that--
``(1) funding requirements for operation and maintenance
dredging of commercial navigation harbors are considered before
Federal funds are obligated for payment of the Federal share of
costs associated with the construction of dredged material disposal
facilities in accordance with subsections (a) and (b);
``(2) funds expended for such construction are apportioned
equitably in accordance with regional needs; and
``(3) use of a dredged material disposal facility designed,
constructed, managed, or operated by a private entity is not
precluded if, consistent with economic and environmental
considerations, the facility is the least-cost alternative.''.
(e) Eligible Operations and Maintenance Defined.--Section 214(2) of
such Act (33 U.S.C. 2241; 100 Stat. 4108) is amended--
(1) in subparagraph (A)--
(A) by inserting ``Federal'' after ``means all'';
(B) by inserting ``(i)'' after ``including''; and
(C) by inserting before the period at the end the
following: ``; (ii) the construction of dredged material
disposal facilities that are necessary for the operation and
maintenance of any harbor or inland harbor; (iii) dredging and
disposing of contaminated sediments that are in or that affect
the maintenance of Federal navigation channels; (iv) mitigating
for impacts resulting from Federal navigation operation and
maintenance activities; and (v) operating and maintaining
dredged material disposal facilities''; and
(2) in subparagraph (C) by striking ``rights-of-way, or dredged
material disposal areas,'' and inserting ``or rights-of-way,''.
(f) Amendment of Cooperation Agreement.--If requested by the non-
Federal interest, the Secretary shall amend a project cooperation
agreement executed on or before the date of the enactment of this Act
to reflect the application of the amendments made by this section to
any project for which a contract for construction has not been awarded
on or before that date.
(g) Savings Clause.--Nothing in this section (including the
amendments made by this section) shall increase, or result in the
increase of, the non-Federal share of the costs of--
(1) expanding any confined dredged material disposal facility
that is operated by the Secretary and that is authorized for cost
recovery through the collection of tolls;
(2) any confined dredged material disposal facility for which
the invitation for bids for construction was issued before the date
of the enactment of this Act; and
(3) expanding any confined dredged material disposal facility
constructed under section 123 of the River and Harbor Act of 1970
(33 U.S.C. 1293a) if the capacity of the confined dredged material
disposal facility was exceeded in less than 6 years.

3e0a138edebb6d4df515a895466f1450b19e78e02902e2f574888fd90a2f5d99

(a) Flood Control Cost Sharing.--
(1) Increased non-federal contributions.--
(A) In general.--Subsections (a) and (b) of section 103 of
the Water Resources Development Act of 1986 (33 U.S.C. 2213 (a)
and (b)) are each amended by striking ``25 percent'' each place
it appears and inserting ``35 percent''.
(B) Applicability.--The amendments made by subparagraph (A)
shall apply to any project authorized after the date of the
enactment of this Act and to any flood control project that is
not specifically authorized by Congress for which a Detailed
Project Report is approved after such date of enactment or, in
the case of a project for which no Detailed Project Report is
prepared, construction is initiated after such date of
enactment.
(2) Physical construction defined.--Section 103(e)(1) of such
Act (33 U.S.C. 2213(e)(1)) is amended by adding at the end the
following: ``For the purpose of the preceding sentence, physical
construction shall be considered to be initiated on the date of the
award of a construction contract.''.
(b) Ability To Pay.--
(1) In general.--Section 103(m) of such Act (33 U.S.C. 2213(m))
is amended to read as follows:
``(m) Ability To Pay.--
``(1) In general.--Any cost-sharing agreement under this
section for flood control or agricultural water supply shall be
subject to the ability of a non-Federal interest to pay.
``(2) Criteria and procedures.--The ability of a non-Federal
interest to pay shall be determined by the Secretary in accordance
with criteria and procedures in effect on the day before the date
of the enactment of the Water Resources Development Act of 1996;
except that such criteria and procedures shall be revised within 1
year after such date of enactment to reflect the requirements of
paragraph (3).
``(3) Revision of criteria and procedures.--In revising
criteria and procedures pursuant to paragraph (2), the Secretary--
``(A) shall consider--
``(i) per capita income data for the county or counties
in which the project is to be located; and
``(ii) the per capita non-Federal cost of construction
of the project for the county or counties in which the
project is to be located;
``(B) shall not consider criteria (other than criteria
described in subparagraph (A)) in effect on the day before the
date of the enactment of the Water Resources Development Act of
1996; and
``(C) may consider additional criteria relating to the non-
Federal interest's financial ability to carry out its cost-
sharing responsibilities, to the extent that the application of
such criteria does not eliminate areas from eligibility for a
reduction in the non-Federal share as determined under
subparagraph (A).
``(4) Non-federal share.--Notwithstanding subsection (a), the
Secretary may reduce the requirement that a non-Federal interest
make a cash contribution for any project that is determined to be
eligible for a reduction in the non-Federal share under criteria
and procedures in effect under paragraphs (1), (2), and (3).''.
(2) Applicability.--
(A) Generally.--Subject to subparagraph (C), the amendment
made by paragraph (1) shall apply to any project, or separable
element thereof, with respect to which the Secretary and the
non-Federal interest enter into a project cooperation agreement
after December 31, 1997.
(B) Amendment of cooperation agreement.--If requested by
the non-Federal interest, the Secretary shall amend a project
cooperation agreement executed on or before the date of the
enactment of this Act to reflect the application of the
amendment made by paragraph (1) to any project for which a
contract for construction has not been awarded on or before
such date of enactment.
(C) Non-federal option.--If requested by the non-Federal
interest, the Secretary shall apply the criteria and procedures
established pursuant to section 103(m) of the Water Resources
Development Act of 1986 as in effect on the day before the date
of the enactment of this Act for projects that are authorized
before the date of the enactment of this Act.
(c) Floodplain Management Plans.--
(1) In general.--Section 402 of such Act (33 U.S.C. 701b-12;
100 Stat. 4133) is amended to read as follows:
``SEC. 402. FLOODPLAIN MANAGEMENT REQUIREMENTS.
``(a) Compliance With Floodplain Management and Insurance
Programs.--Before construction of any project for local flood
protection, or any project for hurricane or storm damage reduction,
that involves Federal assistance from the Secretary, the non-Federal
interest shall agree to participate in and comply with applicable
Federal floodplain management and flood insurance programs.
``(b) Flood Plain Management Plans.--Within 1 year after the date
of signing a project cooperation agreement for construction of a
project to which subsection (a) applies, the non-Federal interest shall
prepare a flood plain management plan designed to reduce the impacts of
future flood events in the project area. Such plan shall be implemented
by the non-Federal interest not later than 1 year after completion of
construction of the project.
``(c) Guidelines.--
``(1) In general.--Within 6 months after the date of the
enactment of this subsection, the Secretary shall develop
guidelines for preparation of floodplain management plans by non-
Federal interests under subsection (b). Such guidelines shall
address potential measures, practices, and policies to reduce loss
of life, injuries, damages to property and facilities, public
expenditures, and other adverse impacts associated with flooding
and to preserve and enhance natural floodplain values.
``(2) Limitation on statutory construction.--Nothing in this
subsection shall be construed to confer any regulatory authority
upon the Secretary or the Director of the Federal Emergency
Management Agency.
``(d) Technical Support.--The Secretary may provide technical
support to a non-Federal interest for a project to which subsection (a)
applies for the development and implementation of plans prepared under
subsection (b).''.
(2) Applicability.--The amendment made by paragraph (1) shall
apply to any project or separable element thereof with respect to
which the Secretary and the non-Federal interest have not entered
into a project cooperation agreement on or before the date of the
enactment of this Act.
(d) Nonstructural Flood Control Policy.--
(1) Review.--The Secretary shall conduct a review of policies,
procedures, and techniques relating to the evaluation and
development of flood control measures with a view toward
identifying impediments that may exist to justifying nonstructural
flood control measures as alternatives to structural measures.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to Congress a
report on the findings of the review conducted under this
subsection, together with any recommendations for modifying
existing law to remove any impediments identified under such
review.
(e) Emergency Response.--Section 5(a)(1) of the Act entitled ``An
Act authorizing the construction of certain public works on rivers and
harbors for flood control, and for other purposes'', approved August
18, 1941 (33 U.S.C. 701n(a)(1)), is amended by inserting before the
first semicolon the following: ``, or in implementation of
nonstructural alternatives to the repair or restoration of such flood
control work if requested by the non-Federal sponsor''.
(f) Levee Owners Manual.--Section 5 of such Act of August 18, 1941
(33 U.S.C. 701n), is amended by adding at the end the following:
``(c) Levee Owners Manual.--
``(1) In general.--Not later than 1 year after the date of the
enactment of this subsection, in accordance with chapter 5 of title
5, United States Code, the Secretary of the Army shall prepare a
manual describing the maintenance and upkeep responsibilities that
the Corps of Engineers requires of a non-Federal interest in order
for the non-Federal interest to receive Federal assistance under
this section. The Secretary shall provide a copy of the manual at
no cost to each non-Federal interest that is eligible to receive
Federal assistance under this section.
``(2) Authorization of appropriations.--There is authorized to
be appropriated $1,000,000 to carry out this subsection.
``(3) Definitions.--In this subsection, the following
definitions apply:
``(A) Maintenance and upkeep.--The term `maintenance and
upkeep' means all maintenance and general upkeep of a levee
performed on a regular and consistent basis that is not repair
and rehabilitation.
``(B) Repair and rehabilitation.--The term `repair and
rehabilitation'--
``(i) means the repair or rebuilding of a levee or
other flood control structure, after the structure has been
damaged by a flood, to the level of protection provided by
the structure before the flood; but
``(ii) does not include--
``(I) any improvement to the structure; or
``(II) repair or rebuilding described in clause (i)
if, in the normal course of usage, the structure
becomes structurally unsound and is no longer fit to
provide the level of protection for which the structure
was designed.''.
(g) Vegetation Management Guidelines.--
(1) Review.--The Secretary shall undertake a comprehensive
review of the current policy guidelines on vegetation management
for levees. The review shall examine current policies in view of
the varied interests in providing flood control, preserving,
protecting, and enhancing natural resources, protecting the rights
of Native Americans pursuant to treaty and statute, and such other
factors as the Secretary considers appropriate.
(2) Cooperation and consultation.--The review under this
section shall be undertaken in cooperation with interested Federal
agencies and in consultation with interested representatives of
State and local governments and the public.
(3) Revision of guidelines.--Based upon the results of the
review, the Secretary shall revise, not later than 270 days after
the date of the enactment of this Act, the policy guidelines so as
to provide a coherent and coordinated policy for vegetation
management for levees. Such revised guidelines shall address
regional variations in levee management and resource needs and
shall be incorporated in the manual proposed under section 5(c) of
such Act of August 18, 1941 (33 U.S.C. 701n).
(h) Risk-Based Analysis Methodology.--
(1) In general.--The Secretary shall enter into an agreement
with the National Academy of Sciences to conduct a study of the
Corps of Engineers' use of risk-based analysis for the evaluation
of hydrology, hydraulics, and economics in flood damage reduction
studies. The study shall include--
(A) an evaluation of the impact of risk-based analysis on
project formulation, project economic justification, and
minimum engineering and safety standards; and
(B) a review of studies conducted using risk-based analysis
to determine--
(i) the scientific validity of applying risk-based
analysis in these studies; and
(ii) the impact of using risk-based analysis as it
relates to current policy and procedures of the Corps of
Engineers.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the results of the study under paragraph (1), as well as
such recommendations as the Secretary considers appropriate.
(3) Limitation on use of methodology.--During the period
beginning on the date of the enactment of this Act and ending 18
months after that date, if requested by a non-Federal interest, the
Secretary shall refrain from using any risk-based technique
required under the studies described in paragraph (1) for the
evaluation and design of a project.
(4) Authorization of appropriations.--There is authorized to be
appropriated $250,000 to carry out this subsection.

8e889935b0479cc7a5ecae35a8439eccc870cdc655bc32a70372d72515e70bed

(a) Non-Federal Share.--Section 105(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2215(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Cost sharing.--
``(A) In general.--The Secretary shall not initiate any
feasibility study for a water resources project after November
17, 1986, until appropriate non-Federal interests agree, by
contract, to contribute 50 percent of the cost of the study.
``(B) Payment of cost share during period of study.--During
the period of the study, the non-Federal share of the cost of
the study payable under subparagraph (A) shall be 50 percent of
the sum of--
``(i) the cost estimate for the study as contained in
the feasibility cost-sharing agreement; and
``(ii) any excess of the cost of the study over the
cost estimate if the excess results from--
``(I) a change in Federal law; or
``(II) a change in the scope of the study requested
by the non-Federal interests.
``(C) Payment of cost share on authorization of project or
termination of study.--
``(i) Project timely authorized.--Except as otherwise
agreed to by the Secretary and the non-Federal interests
and subject to clause (ii), the non-Federal share of any
excess of the cost of the study over the cost estimate
(excluding any excess cost described in subparagraph
(B)(ii)) shall be payable on the date on which the
Secretary and the non-Federal interests enter into an
agreement pursuant to section 101(e) or 103(j) with respect
to the project.
``(ii) Project not timely authorized.--If the project
that is the subject of the study is not authorized by the
date that is 5 years after the completion of the final
report of the Chief of Engineers concerning the study or
the date that is 2 years after the termination of the
study, the non-Federal share of any excess of the cost of
the study over the cost estimate (excluding any excess cost
described in subparagraph (B)(ii)) shall be payable to the
United States on that date.
``(D) Amendment of cost estimate.--The cost estimate
referred to in subparagraph (B)(i) may be amended only by
agreement of the Secretary and the non-Federal interests.
``(E) In-kind contributions.--Not more than \1/2\ of the
non-Federal share required under this paragraph may be
satisfied by the provision of services, materials, supplies, or
other in-kind services necessary to prepare the feasibility
report.''; and
(2) in paragraph (2) by striking ``(2) This subsection'' and
inserting the following:
``(2) Applicability.--This subsection''.
(b) Applicability.--The amendments made by subsection (a) shall
apply notwithstanding any feasibility cost-sharing agreement entered
into by the Secretary and the non-Federal interests. On request of the
non-Federal interest, the Secretary shall amend any feasibility cost-
sharing agreements in effect on the date of the enactment of this Act
so as to conform the agreements with the amendments.
(c) No Requirement of Reimbursement.--Nothing in this section or
any amendment made by this section requires the Secretary to reimburse
the non-Federal interests for funds previously contributed for a study.

9c3871a37d15598ed62ed2b0b871d9dc94379fb3cb7d3a6e23628e37eb49bb09

(a) Review of Projects.--Section 1135(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a(a)) is amended--
(1) by striking ``the operation of''; and
(2) by inserting before the period at the end the following:
``and to determine if the operation of such projects has
contributed to the degradation of the quality of the environment''.
(b) Program of Projects.--Section 1135(b) of such Act is amended by
striking the last 2 sentences.
(c) Restoration of Environmental Quality.--Section 1135 of such Act
is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) Restoration of Environmental Quality.--If the Secretary
determines that construction of a water resources project by the
Secretary or operation of a water resources project constructed by the
Secretary has contributed to the degradation of the quality of the
environment, the Secretary may undertake measures for restoration of
environmental quality and measures for enhancement of environmental
quality that are associated with the restoration, through modifications
either at the project site or at other locations that have been
affected by the construction or operation of the project, if such
measures do not conflict with the authorized project purposes.
``(d) Non-Federal Share; Limitation on Maximum Federal
Expenditure.--The non-Federal share of the cost of any modifications or
measures carried out or undertaken pursuant to subsection (b) or (c)
shall be 25 percent. Not more than 80 percent of the non-Federal share
may be in kind, including a facility, supply, or service that is
necessary to carry out the modification or measure. Not more than
$5,000,000 in Federal funds may be expended on any single modification
or measure carried out or undertaken pursuant to this section.''; and
(3) in subsection (f) (as so redesignated) by striking
``program conducted under subsection (b)'' and inserting ``programs
conducted under subsections (b) and (c)''.
(d) Definition.--Section 1135 of such Act (as amended by subsection
(c)(1) of this section) is amended by adding at the end the following:
``(h) Definition.--In this section, the term `water resources
project constructed by the Secretary' includes a water resources
project constructed or funded jointly by the Secretary and the head of
any other Federal agency (including the Natural Resources Conservation
Service).''.

1a657d0043f0cf4b372f9b1b1fb6399bf96cac03d2f4939e95f87bf072f919ff

Section 312 of the Water Resources Development Act of 1990 (33
U.S.C. 1252 note; 104 Stat. 4639-4640) is amended--
(1) in each of subsections (a), (b), and (c) by inserting ``and
remediate'' after ``remove'' each place it appears;
(2) in subsection (b)--
(A) in paragraph (1) by inserting ``and remediation'' after
``removal'' each place it appears; and
(B) in paragraph (2) by striking ``$10,000,000'' and
inserting ``$20,000,000''; and
(3) by striking subsection (f) and inserting the following:
``(f) Priority Work.--In carrying out this section, the Secretary
shall give priority to work in the following areas:
``(1) Brooklyn Waterfront, New York.
``(2) Buffalo Harbor and River, New York.
``(3) Ashtabula River, Ohio.
``(4) Mahoning River, Ohio.
``(5) Lower Fox River, Wisconsin.''.

9600f161198de0178cc967a55b2bad86c850d62bfc8deb7a40a63c9a17e1f2b6

(a) General Authority.--The Secretary may carry out an aquatic
ecosystem restoration and protection project if the Secretary
determines that the project--
(1) will improve the quality of the environment and is in the
public interest; and
(2) is cost-effective.
(b) Cost Sharing.--Non-Federal interests shall provide 35 percent
of the cost of construction of any project carried out under this
section, including provision of all lands, easements, rights-of-way,
and necessary relocations.
(c) Agreements.--Construction of a project under this section shall
be initiated only after a non-Federal interest has entered into a
binding agreement with the Secretary to pay the non-Federal share of
the costs of construction required by this section and to pay 100
percent of any operation, maintenance, and replacement and
rehabilitation costs with respect to the project in accordance with
regulations prescribed by the Secretary.
(d) Cost Limitation.--Not more than $5,000,000 in Federal funds may
be allotted under this section for a project at any single locality.
(e) Funding.--There is authorized to be appropriated to carry out
this section $25,000,000 for each fiscal year.

7f469643eeb6913f918e57e0f1fdfb0837b9018dbdd5580520e441bade563f4b

Section 204 of the Water Resources Development Act of 1992 (33
U.S.C. 2326; 106 Stat. 4826) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Selection of Dredged Material Disposal Method.--In developing
and carrying out a project for navigation involving the disposal of
dredged material, the Secretary may select, with the consent of the
non-Federal interest, a disposal method that is not the least-cost
option if the Secretary determines that the incremental costs of such
disposal method are reasonable in relation to the environmental
benefits, including the benefits to the aquatic environment to be
derived from the creation of wetlands and control of shoreline erosion.
The Federal share of such incremental costs shall be determined in
accordance with subsection (c).''.

ecb0dc1c1f014aefe59764edd69bf0f05f99ea87ae7476ff88fc8d8ceffc01ba

(a) Recreation Policy.--
(1) In general.--The Secretary shall provide increased emphasis
on, and opportunities for recreation at, water resources projects
operated, maintained, or constructed by the Corps of Engineers.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress a
report on specific measures taken to implement this subsection.
(b) User Fees.--
(1) In general.--Section 210(b)(4) of the Flood Control Act of
1968 (16 U.S.C. 460d-3(b)(4)) is amended by inserting before the
period at the end the following: ``and, subject to the availability
of appropriations, shall be used for the purposes specified in
section 4(i)(3) of such Act at the water resources development
project at which the fees were collected''.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall prepare and submit to
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report, with respect to fiscal years 1995 and
1996, on--
(A) the amount of day-use fees collected under section
210(b) of the Flood Control Act of 1968 (16 U.S.C. 460d-3(b))
at each water resources development project; and
(B) the administrative costs associated with the collection
of the day-use fees at each water resources development
project.
(c) Alternative to Annual Passes.--
(1) In general.--The Secretary shall evaluate the feasibility
of implementing an alternative to the $25 annual pass that the
Secretary currently offers to users of recreation facilities at
water resources projects of the Corps of Engineers.
(2) Annual pass.--The evaluation under paragraph (1) shall
include the establishment on a test basis of an annual pass that
costs $10 or less for the use of recreation facilities, including
facilities at Raystown Lake, Pennsylvania.
(3) Report.--Not later than December 31, 1999, the Secretary
shall transmit to Congress a report on the results of the
evaluation carried out under this subsection, together with
recommendations concerning whether annual passes for individual
projects should be offered on a nationwide basis.
(4) Expiration of authority.--The authority to establish an
annual pass under paragraph (2) shall expire on the later of
December 31, 1999, or the date of transmittal of the report under
paragraph (3).

fa6b18b5c22ebd10fffd44114e3797c50f785219e6ca50af5f785c9876cfd30e

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

809f7d5105bba7459931f887fcafda6b996894ad405604142eb45c9b0ddea943

(a) In General.--Section 103(c) of the Water Resources Development
Act of 1986 (33 U.S.C. 2213(c); 100 Stat. 4085) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by inserting after paragraph (6) the following:
``(7) environmental protection and restoration: 35 percent;
except that nothing in this paragraph shall affect or limit the
applicability of section 906.''.
(b) Applicability.--The amendments made by subsection (a) apply
only to projects authorized after the date of the enactment of this
Act.

819bb78d358546152de6eab2e33035a752188b1b608b745ad4f6416bf7267791

INTERESTS.
(a) Authority.--Non-Federal interests are authorized to undertake
flood control projects in the United States, subject to obtaining any
permits required pursuant to Federal and State laws in advance of
actual construction.
(b) Studies and Design Activities.--
(1) By non-federal interests.--A non-Federal interest may
prepare, for review and approval by the Secretary, the necessary
studies and design documents for any construction to be undertaken
pursuant to subsection (a).
(2) By secretary.--Upon request of an appropriate non-Federal
interest, the Secretary may undertake all necessary studies and
design activities for any construction to be undertaken pursuant to
subsection (a) and provide technical assistance in obtaining all
necessary permits for such construction if the non-Federal interest
contracts with the Secretary to provide to the United States funds
for the studies and design activities during the period in which
the studies and design activities will be conducted.
(c) Completion of Studies and Design Activities.--In the case of
any study or design documents for a flood control project that were
initiated before the date of the enactment of this Act, the Secretary
may complete and transmit to the appropriate non-Federal interests the
study or design documents or, upon the request of such non-Federal
interests, terminate the study or design activities and transmit the
partially completed study or design documents to such non-Federal
interests for completion. Studies and design documents subject to this
subsection shall be completed without regard to the requirements of
subsection (b).
(d) Authority To Carry Out Improvement.--
(1) In general.--Any non-Federal interest that has received
from the Secretary pursuant to subsection (b) or (c) a favorable
recommendation to carry out a flood control project, or separable
element of a flood control project, based on the results of
completed studies and design documents for the project or element
may carry out the project or element if a final environmental
impact statement under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) has been filed for the project or
element.
(2) Permits.--Any plan of improvement proposed to be
implemented in accordance with this subsection shall be deemed to
satisfy the requirements for obtaining the appropriate permits
required under the Secretary's authority. Such permits shall be
granted subject to the non-Federal interest's acceptance of the
terms and conditions of such permits if the Secretary determines
that the applicable regulatory criteria and procedures have been
satisfied.
(3) Monitoring.--The Secretary shall monitor any project for
which a permit is granted under this subsection in order to ensure
that such project is constructed, operated, and maintained in
accordance with the terms and conditions of such permit.
(e) Reimbursement.--
(1) General rule.--Subject to appropriations Acts, the
Secretary may reimburse any non-Federal interest an amount equal to
the estimate of the Federal share, without interest, of the cost of
any authorized flood control project, or separable element of a
flood control project, constructed pursuant to this section--
(A) if, after authorization and before initiation of
construction of the project or separable element, the Secretary
approves the plans for construction of such project by the non-
Federal interest; and
(B) if the Secretary finds, after a review of studies and
design documents prepared pursuant to this section, that
construction of the project or separable element is
economically justified and environmentally acceptable.
(2) Special rules.--
(A) Reimbursement.--For work (including work associated
with studies, planning, design, and construction) carried out
by a non-Federal interest with respect to a project described
in subsection (f), the Secretary shall, subject to amounts
being made available in advance in appropriations Acts,
reimburse, without interest, the non-Federal interest an amount
equal to the estimated Federal share of the cost of such work
if such work is later recommended by the Chief of Engineers and
approved by the Secretary.
(B) Credit.--If the non-Federal interest for a project
described in subsection (f) carries out work before completion
of a reconnaissance study by the Secretary and if such work is
determined by the Secretary to be compatible with the project
later recommended by the Secretary, the Secretary shall credit
the non-Federal interest for its share of the cost of the
project for such work.
(3) Matters to be considered in reviewing plans.--In reviewing
plans under this subsection, the Secretary shall consider budgetary
and programmatic priorities and other factors that the Secretary
considers appropriate.
(4) Monitoring.--The Secretary shall regularly monitor and
audit any project for flood control approved for construction under
this section by a non-Federal interest to ensure that such
construction is in compliance with the plans approved by the
Secretary and that the costs are reasonable.
(5) Limitation on reimbursements.--The Secretary may not make
any reimbursement under this section until the Secretary determines
that the work for which reimbursement is requested has been
performed in accordance with applicable permits and approved plans.
(f) Specific Projects.--For the purpose of demonstrating the
potential advantages and effectiveness of non-Federal implementation of
flood control projects, the Secretary shall enter into agreements
pursuant to this section with non-Federal interests for development of
the following flood control projects by such interests:
(1) Berryessa creek, california.--The Berryessa Creek element
of the project for flood control, Coyote and Berryessa Creeks,
California, authorized by section 101(a)(5) of the Water Resources
Development Act of 1990 (104 Stat. 4606); except that, subject to
the approval of the Secretary as provided by this section, the non-
Federal interest may design and construct an alternative to such
element.
(2) Los angeles county drainage area, california.--The project
for flood control, Los Angeles County Drainage Area, California,
authorized by section 101(b) of the Water Resources Development Act
of 1990 (104 Stat. 4611).
(3) Stockton metropolitan area, california.--The project for
flood control, Stockton Metropolitan Area, California.
(4) Upper guadalupe river, california.--The project for flood
control, Upper Guadalupe River, California.
(5) Flamingo and tropicana washes, nevada.--The project for
flood control, Las Vegas Wash and Tributaries (Flamingo and
Tropicana Washes), Nevada, authorized by section 101(13) of the
Water Resources Development Act of 1992 (106 Stat. 4803).
(6) Brays bayou, texas.--Flood control components comprising
the Brays Bayou element of the project for flood control, Buffalo
Bayou and tributaries, Texas, authorized by section 101(a)(21) of
the Water Resources Development Act of 1990 (104 Stat. 4610);
except that, subject to the approval of the Secretary as provided
by this section, the non-Federal interest may design and construct
an alternative to the diversion component of such element.
(7) Hunting bayou, texas.--The Hunting Bayou element of the
project for flood control, Buffalo Bayou and tributaries, Texas,
authorized by such section; except that, subject to the approval of
the Secretary as provided by this section, the non-Federal interest
may design and construct an alternative to such element.
(8) White oak bayou, texas.--The project for flood control,
White Oak Bayou watershed, Texas.
(g) Treatment of Flood Damage Prevention Measures.--For the
purposes of this section, flood damage prevention measures at or in the
vicinity of Morgan City and Berwick, Louisiana, shall be treated as an
authorized separable element of the Atchafalaya Basin feature of the
project for flood control, Mississippi River and Tributaries.

ecc07d5bc29eaaa6c1aeaa3a736774e2af59254fd2457e0e6d2829b436d99566

SIGNIFICANCE.
(a) Surveys, Plans, and Studies.--To encourage innovative and
environmentally sound engineering solutions and innovative
environmental solutions to problems of national significance, the
Secretary may undertake surveys, plans, and studies and prepare reports
that may lead to work under existing civil works authorities or to
recommendations for authorizations.
(b) Funding.--
(1) Authorization of appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of
fiscal years 1997 through 2000.
(2) Funding from other sources.--The Secretary may accept and
expend additional funds from other Federal agencies, States, or
non-Federal entities for purposes of carrying out this section.

309a089abd67636748294842aba2e310268217e13285f50b180fe9a114af0065

Notwithstanding any other provision of law, the Secretary may lease
space available in buildings for which funding for construction or
purchase was provided from the revolving fund established by the 1st
section of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576;
67 Stat. 199), under such terms and conditions as are acceptable to the
Secretary. The proceeds from such leases shall be credited to the
revolving fund for the purposes set forth in such Act.

1a568f95b02270feaae280074f639f67cfa5917f933604a296d30b188dd71f5a

(a) Funding From Other Federal Sources.--Section 7 of the Water
Resources Development Act of 1988 (33 U.S.C. 2313; 102 Stat. 4022-4023)
is amended--
(1) in subsection (a) by inserting ``civil works'' before
``mission''; and
(2) by striking subsection (e) and inserting the following:
``(e) Funding From Other Federal Sources.--The Secretary may accept
and expend additional funds from other Federal programs, including
other Department of Defense programs, to carry out this section.''.
(b) Pre-Agreement Temporary Protection of Technology.--Section 7 of
such Act is amended--
(1) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively;
(2) by inserting after subsection (a) the following:
``(b) Pre-Agreement Temporary Protection of Technology.--
``(1) In general.--If the Secretary determines that information
developed as a result of research and development activities
conducted by the Corps of Engineers is likely to be subject to a
cooperative research and development agreement within 2 years of
its development and that such information would be a trade secret
or commercial or financial information that would be privileged or
confidential if the information had been obtained from a non-
Federal party participating in a cooperative research and
development agreement under section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a), the Secretary
may provide appropriate protection against the dissemination of
such information, including exemption from subchapter II of chapter
5 of title 5, United States Code, until the earlier of the date the
Secretary enters into such an agreement with respect to such
technology or the last day of the 2-year period beginning on the
date of such determination.
``(2) Treatment.--Any technology covered by this section that
becomes the subject of a cooperative research and development
agreement shall be accorded the protection provided under section
12(c)(7)(B) of such Act (15 U.S.C. 3710a(c)(7)(B)) as if such
technology had been developed under a cooperative research and
development agreement.''; and
(3) in subsection (d) (as so redesignated) by striking ``(b)''
and inserting ``(c)''.

1acea1f68f2839830910782758384ebe2721d41f4da13e2fb557d39207f32ad0

86566a04904c72bc02e6e56b919b46e1f91d8bcb6559262a492e52ad4f7b0e79

(a) In General.--In carrying out the maintenance, rehabilitation,
and modernization of a hydroelectric power generating facility at a
water resources project under the jurisdiction of the Department of the
Army, the Secretary may take, to the extent funds are made available in
appropriations Acts, such actions as are necessary to increase the
efficiency of energy production or the capacity of the facility, or
both, if, after consulting with the heads of other appropriate Federal
and State agencies, the Secretary determines that the increase--
(1) is economically justified and financially feasible;
(2) will not result in any significant adverse effect on the
other purposes for which the project is authorized;
(3) will not result in significant adverse environmental
impacts;
(4) will not involve major structural or operational changes in
the project; and
(5) will not adversely affect the use, management, or
protection of existing Federal, State, or tribal water rights.
(b) Consultation.--Before proceeding with the proposed uprating
under subsection (a), the Secretary shall provide affected State,
tribal, and Federal agencies with a copy of the proposed determinations
under subsection (a). If the agencies submit comments, the Secretary
shall accept those comments or respond in writing to any objections
those agencies raise to the proposed determinations.
(c) Effect on Other Authority.--This section shall not affect the
authority of the Secretary and the Administrator of the Bonneville
Power Administration under section 2406 of the Energy Policy Act of
1992 (16 U.S.C. 839d-1; 106 Stat. 3099).

9e2bd9322adf9591f3191c7ac68c7dd2b08cf8f055ec3830b64c9597e880cb18

(a) Additional Capacity.--
(1) Provided by secretary.--At the request of a non-Federal
interest with respect to a project, the Secretary may provide
additional capacity at a dredged material disposal facility
constructed by the Secretary beyond the capacity that would be
required for project purposes if the non-Federal interest agrees to
pay, during the period of construction, all costs associated with
the construction of the additional capacity.
(2) Cost recovery authority.--The non-Federal interest may
recover the costs assigned to the additional capacity through fees
assessed on third parties whose dredged material is deposited at
the facility and who enter into agreements with the non-Federal
interest for the use of the facility. The amount of such fees may
be determined by the non-Federal interest.
(b) Non-Federal Use of Disposal Facilities.--
(1) In general.--The Secretary--
(A) may permit the use of any dredged material disposal
facility under the jurisdiction of, or managed by, the
Secretary by a non-Federal interest if the Secretary determines
that such use will not reduce the availability of the facility
for project purposes; and
(B) may impose fees to recover capital, operation, and
maintenance costs associated with such use.
(2) Use of fees.--Notwithstanding section 401(c) of the Federal
Water Pollution Control Act (33 U.S.C. 1341(c)) but subject to
advance appropriations, any monies received through collection of
fees under this subsection shall be available to the Secretary, and
shall be used by the Secretary, for the operation and maintenance
of the disposal facility from which the fees were collected.
(c) Public-Private Partnerships.--
(1) In general.--The Secretary may carry out a program to
evaluate and implement opportunities for public-private
partnerships in the design, construction, management, or operation
of dredged material disposal facilities in connection with
construction or maintenance of Federal navigation projects. If a
non-Federal interest is a sponsor of the project, the Secretary
shall consult with the non-Federal interest in carrying out the
program with respect to the project.
(2) Private financing.--
(A) Agreements.--In carrying out this subsection, the
Secretary may enter into an agreement with a non-Federal
interest with respect to a project, a private entity, or both
for the acquisition, design, construction, management, or
operation of a dredged material disposal facility (including
any facility used to demonstrate potential beneficial uses of
dredged material) using funds provided in whole or in part by
the private entity.
(B) Reimbursement.--If any funds provided by a private
entity are used to carry out a project under this subsection,
the Secretary may reimburse the private entity over a period of
time agreed to by the parties to the agreement through the
payment of subsequent user fees. Such fees may include the
payment of a disposal or tipping fee for placement of suitable
dredged material at the facility.
(C) Amount of fees.--User fees paid pursuant to
subparagraph (B) shall be sufficient to repay funds contributed
by the private entity plus a reasonable return on investment
approved by the Secretary in cooperation with the non-Federal
interest with respect to the project and the private entity.
(D) Federal share.--The Federal share of such fees shall be
equal to the percentage of the total cost that would otherwise
be borne by the Federal Government as required pursuant to
existing cost-sharing requirements, including section 103 of
the Water Resources Development Act of 1986 (33 U.S.C. 2213)
and section 204 of the Water Resources Development Act of 1992
(33 U.S.C. 2325).
(E) Budget act compliance.--Any spending authority (as
defined in section 401(c)(2) of the Congressional Budget Act of
1974 (2 U.S.C. 651(c)(2))) authorized by this section shall be
effective only to such extent and in such amounts as are
provided in appropriation Acts.

fc8334d84d7c2df92efd7e5767c282dce8f3f7554a04b2e4f50d6ab9dc1aebd8

(a) Penalty.--Section 16 of the Act entitled ``An Act making
appropriations for the construction, repair, and preservation of
certain public works on rivers and harbors, and for other purposes'',
approved March 3, 1899 (33 U.S.C. 411; 30 Stat. 1153), is amended--
(1) by striking ``thirteen, fourteen, and fifteen'' each place
it appears and inserting ``13, 14, 15, 19, and 20''; and
(2) by striking ``not exceeding twenty-five hundred dollars nor
less than five hundred dollars'' and inserting ``of up to $25,000
per day''.
(b) General Authority.--Section 20 of such Act (33 U.S.C. 415) is
amended--
(1) in subsection (a) by striking ``expense'' the 1st place it
appears and inserting ``actual expense, including administrative
expenses,'';
(2) in subsection (b) by striking ``cost'' and inserting
``actual cost, including administrative costs,'';
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following:
``(b) Removal Requirement.--Not later than 24 hours after the
Secretary of the Department in which the Coast Guard is operating
issues an order to stop or delay navigation in any navigable waters of
the United States because of conditions related to the sinking or
grounding of a vessel, the owner or operator of the vessel, with the
approval of the Secretary of the Army, shall begin removal of the
vessel using the most expeditious removal method available or, if
appropriate, secure the vessel pending removal to allow navigation to
resume. If the owner or operator fails to begin removal or to secure
the vessel pending removal or fails to complete removal on an expedited
basis, the Secretary of the Army shall remove or destroy the vessel
using the summary removal procedures under subsection (a).''.

04f09e0f9181f6fc157a664ff86d6fb46afe2c70c5f6e3f30033928cf70b242a

Section 14 of the Act entitled ``An Act authorizing the
construction, repair, and preservation of certain public works on
rivers and harbors, and for other purposes'', approved July 24, 1946
(33 U.S.C. 701r), is amended--
(1) by striking ``$12,500,000'' and inserting ``$15,000,000'';
and
(2) by striking ``$500,000'' and inserting ``$1,000,000''.

52e10952347372c213f87031a322b99e2875bd2b1866f0e2a653554e91da5860

Section 221(a) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(a)) is amended by striking the period at the end of the 1st sentence
and inserting the following: ``; except that no such agreement shall be
required if the Secretary determines that the administrative costs
associated with negotiating, executing, or administering the agreement
would exceed the amount of the contribution required from the non-
Federal interest and are less than $25,000.''.

e4d542b993d927286a0d1ae0e21686260142d691f76682a93a8e68d0356ae660

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

4505d99c77f4641c4e6f81d9477452cf6b71695d9760f2f18965ef31d7057274

Section 211 of the Flood Control Act of 1950 (33 U.S.C. 701u; 64
Stat. 183) is amended--
(1) by striking ``continental limits of the''; and
(2) by striking the 2d colon and all that follows through ``for
this purpose''.

17acce4e4f4d96650d4c0e1c50d270cf81d63871c3f1101326a1b409db0f2960

Paragraph (a) of the 1st section of the Act entitled ``An Act
authorizing the construction of certain public works on rivers and
harbors for flood control, and other purposes'', approved December 22,
1944 (33 U.S.C. 701-1(a); 58 Stat. 888), is amended--
(1) by striking ``Within ninety'' and inserting ``Within 30'';
and
(2) by striking ``ninety-day period.'' and inserting ``30-day
period.''.

bb04e75dc92d74bd92b4a28feaffb1c42d72643eaefee63c2baf192a57d6a350

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

374501e04039d3f07624b9a30d430889be0a6a74be31e56c6fe2564eed849b2c

Section 104(a) of the River and Harbor Act of 1958 (33 U.S.C.
610(a)) is amended by inserting ``melaleuca,'' after ``milfoil,''.

7e3613463a688ed31eab3354e38f109d3ed51a222b498490d463fcc407c856d9

(a) Project Purpose.--Section 405(a) of the Water Resources
Development Act of 1992 (33 U.S.C. 2239 note; 106 Stat. 4863) is
amended by adding at the end the following:
``(3) Project purpose.--The purpose of the project to be
carried out under this section is to provide for the development of
1 or more sediment decontamination technologies on a pilot scale
demonstrating a capacity of at least 500,000 cubic yards per
year.''.
(b) Authorization of Appropriations.--The 1st sentence of section
405(c) of such Act is amended to read as follows: ``There is authorized
to be appropriated to carry out this section $10,000,000.''.
(c) Reports.--Section 405 of such Act is amended by adding at the
end the following:
``(d) Reports.--Not later than September 30, 1998, and periodically
thereafter, the Administrator and the Secretary shall transmit to
Congress a report on the results of the project to be carried out under
this section, including an assessment of the progress made in achieving
the purpose of the project set forth in subsection (a)(3).''.

e5055a676cdde295587265ab4719abb34ac05152b86db6e19fe8b74aa71942b3

(a) Declaration of Policy.--Subsection (a) of the 1st section of
the Act entitled ``An Act authorizing Federal participation in the cost
of protecting the shores of publicly owned property'', approved August
13, 1946 (33 U.S.C. 426e), is amended--
(1) by striking ``damage to the shores'' and inserting ``damage
to the shores and beaches''; and
(2) by striking ``the following provisions'' and all that
follows through the period at the end of such subsection and
inserting the following: ``this Act, to promote shore protection
projects and related research that encourage the protection,
restoration, and enhancement of sandy beaches, including beach
restoration and periodic beach nourishment, on a comprehensive and
coordinated basis by the Federal Government, States, localities,
and private enterprises. In carrying out this policy, preference
shall be given to areas in which there has been a Federal
investment of funds and areas with respect to which the need for
prevention or mitigation of damage to shores and beaches is
attributable to Federal navigation projects or other Federal
activities.''.
(b) Authorization of Projects.--Subsection (e) of such section is
amended--
(1) by striking ``(e) No'' and inserting the following:
``(e) Authorization of Projects.--
``(1) In general.--No'';
(2) by moving the remainder of the text of paragraph (1) (as
designated by paragraph (1) of this subsection) 2 ems to the right;
and
(3) by adding at the end the following:
``(2) Studies.--
``(A) In general.--The Secretary shall--
``(i) recommend to Congress studies concerning shore
protection projects that meet the criteria established
under this Act (including subparagraph (B)(iii)) and other
applicable law;
``(ii) conduct such studies as Congress requires under
applicable laws; and
``(iii) report the results of the studies to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives.
``(B) Recommendations for shore protection projects.--
``(i) In general.--The Secretary shall recommend to
Congress the authorization or reauthorization of shore
protection projects based on the studies conducted under
subparagraph (A).
``(ii) Considerations.--In making recommendations, the
Secretary shall consider the economic and ecological
benefits of the shore protection project.
``(C) Coordination of projects.--In conducting studies and
making recommendations for a shore protection project under
this paragraph, the Secretary shall--
``(i) determine whether there is any other project
being carried out by the Secretary or the head of another
Federal agency that may be complementary to the shore
protection project; and
``(ii) if there is such a complementary project,
describe the efforts that will be made to coordinate the
projects.
``(3) Shore protection projects.--
``(A) In general.--The Secretary shall construct, or cause
to be constructed, any shore protection project authorized by
Congress, or separable element of such a project, for which
funds have been appropriated by Congress.
``(B) Agreements.--
``(i) Requirement.--After authorization by Congress,
and before commencement of construction, of a shore
protection project or separable element, the Secretary
shall enter into a written agreement with a non-Federal
interest with respect to the project or separable element.
``(ii) Terms.--The agreement shall--
``(I) specify the life of the project; and
``(II) ensure that the Federal Government and the
non-Federal interest will cooperate in carrying out the
project or separable element.
``(C) Coordination of projects.--In constructing a shore
protection project or separable element under this paragraph,
the Secretary shall, to the extent practicable, coordinate the
project or element with any complementary project identified
under paragraph (2)(C).''.
(c) Requirement of Agreements Prior to Reimbursements.--
(1) Small shore protection projects.--Section 2 of the Act
entitled ``An Act authorizing Federal participation in the cost of
protecting the shores of publicly owned property'', approved August
13, 1946 (33 U.S.C. 426f), is amended--
(A) by striking ``Sec. 2. The Secretary of the Army'' and
inserting the following:
``SEC. 2. REIMBURSEMENTS.
``(a) In General.--The Secretary'';
(B) in subsection (a) (as designated by subparagraph (A) of
this paragraph)--
(i) by striking ``local interests'' and inserting
``non-Federal interests'';
(ii) by inserting ``or separable element of the
project'' after ``project''; and
(iii) by inserting ``or separable elements'' after
``projects'' each place it appears; and
(C) by adding at the end the following:
``(b) Agreements.--
``(1) Requirement.--After authorization of reimbursement by the
Secretary under this section, and before commencement of
construction, of a shore protection project, the Secretary shall
enter into a written agreement with the non-Federal interest with
respect to the project or separable element.
``(2) Terms.--The agreement shall--
``(A) specify the life of the project; and
``(B) ensure that the Federal Government and the non-
Federal interest will cooperate in carrying out the project or
separable element.''.
(2) Other shoreline protection projects.--Section 206(e)(1)(A)
of the Water Resources Development Act of 1992 (33 U.S.C. 426i-
1(e)(1)(A); 106 Stat. 4829) is amended by inserting before the
semicolon the following: ``and enters into a written agreement with
the non-Federal interest with respect to the project or separable
element (including the terms of cooperation)''.
(d) State and Regional Plans.--The Act entitled ``An Act
authorizing Federal participation in the cost of protecting the shores
of publicly owned property'', approved August 13, 1946, is amended--
(1) by redesignating section 4 (33 U.S.C. 426h) as section 5;
and
(2) by inserting after section 3 (33 U.S.C. 426g) the
following:
``SEC. 4. STATE AND REGIONAL PLANS.
``The Secretary may--
``(1) cooperate with any State in the preparation of a
comprehensive State or regional plan for the conservation of
coastal resources located within the boundaries of the State;
``(2) encourage State participation in the implementation of
the plan; and
``(3) submit to Congress reports and recommendations with
respect to appropriate Federal participation in carrying out the
plan.''.
(e) National Shoreline Erosion Control Development and
Demonstration Program and Definitions.--
(1) In general.--The Act entitled ``An Act authorizing Federal
participation in the cost of protecting the shores of publicly
owned property'', approved August 13, 1946 (33 U.S.C. 426e et
seq.), is amended by striking section 5 (as redesignated by
subsection (d)(1) of this section) and inserting the following:
``SEC. 5. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND
DEMONSTRATION PROGRAM.
``(a) Establishment of Erosion Control Program.--The Secretary
shall establish and conduct a national shoreline erosion control
development and demonstration program for a period of 6 years beginning
on the date that funds are made available to carry out this section.
``(b) Requirements.--
``(1) In general.--The erosion control program shall include
provisions for--
``(A) projects consisting of planning, designing, and
constructing prototype engineered and vegetative shoreline
erosion control devices and methods during the first 3 years of
the erosion control program;
``(B) adequate monitoring of the prototypes throughout the
duration of the erosion control program;
``(C) detailed engineering and environmental reports on the
results of each demonstration project carried out under the
erosion control program; and
``(D) technology transfers to private property owners and
State and local entities.
``(2) Emphasis.--The projects carried out under the erosion
control program shall emphasize, to the extent practicable--
``(A) the development and demonstration of innovative
technologies;
``(B) efficient designs to prevent erosion at a shoreline
site, taking into account the life-cycle cost of the design,
including cleanup, maintenance, and amortization;
``(C) natural designs, including the use of vegetation or
temporary structures that minimize permanent structural
alterations;
``(D) the avoidance of negative impacts to adjacent
shorefront communities;
``(E) in areas with substantial residential or commercial
interests adjacent to the shoreline, designs that do not impair
the aesthetic appeal of the interests;
``(F) the potential for long-term protection afforded by
the technology; and
``(G) recommendations developed from evaluations of the
original 1974 program established under the Shoreline Erosion
Control Demonstration Act of 1974 (42 U.S.C. 1962d-5 note; 88
Stat. 26), including--
``(i) adequate consideration of the subgrade;
``(ii) proper filtration;
``(iii) durable components;
``(iv) adequate connection between units; and
``(v) consideration of additional relevant information.
``(3) Sites.--
``(A) In general.--Each project under the erosion control
program shall be carried out at a privately owned site with
substantial public access, or a publicly owned site, on open
coast or on tidal waters.
``(B) Selection.--The Secretary shall develop criteria for
the selection of sites for the projects, including--
``(i) a variety of geographical and climatic
conditions;
``(ii) the size of the population that is dependent on
the beaches for recreation, protection of homes, or
commercial interests;
``(iii) the rate of erosion;
``(iv) significant natural resources or habitats and
environmentally sensitive areas; and
``(v) significant threatened historic structures or
landmarks.
``(C) Areas.--Projects under the erosion control program
shall be carried out at not fewer than--
``(i) 2 sites on each of the shorelines of the Atlantic
and Pacific coasts;
``(ii) 2 sites on the shoreline of the Great Lakes; and
``(iii) 1 site on the shoreline of the Gulf of Mexico.
``(4) Determination of feasibility.--Implementation of a
project under this section is contingent upon a determination by
the Secretary that such project is feasible.
``(c) Consultation.--
``(1) Parties.--The Secretary shall carry out the erosion
control program in consultation with--
``(A) the Secretary of Agriculture, particularly with
respect to vegetative means of preventing and controlling
shoreline erosion;
``(B) Federal, State, and local agencies;
``(C) private organizations;
``(D) the Coastal Engineering Research Center established
under the 1st section of the Act entitled `An Act to make
certain changes in the functions of the Beach Erosion Board and
the Board of Engineers for Rivers and Harbors, and for other
purposes', approved November 7, 1963 (33 U.S.C. 426-1); and
``(E) university research facilities.
``(2) Agreements.--The consultation described in paragraph (1)
may include entering into agreements with other Federal, State, or
local agencies or private organizations to carry out functions
described in subsection (b)(1) when appropriate.
``(d) Report.--Not later than 60 days after the conclusion of the
erosion control program, the Secretary shall prepare and submit an
erosion control program final report to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives. The report shall
include a comprehensive evaluation of the erosion control program and
recommendations regarding the continuation of the erosion control
program.
``(e) Funding.--
``(1) Responsibility.--The cost of and responsibility for
operation and maintenance (excluding monitoring) of a demonstration
project under the erosion control program shall be borne by non-
Federal interests on completion of construction of the
demonstration project.
``(2) Authorization of appropriations.--There is authorized to
be appropriated $21,000,000 to carry out this section.
``SEC. 6. DEFINITIONS.
``In this Act, the following definitions apply:
``(1) Erosion control program.--The term `erosion control
program' means the national shoreline erosion control development
and demonstration program established under this section.
``(2) Secretary.--The term `Secretary' means the Secretary of
the Army.
``(3) Separable element.--The term `separable element' has the
meaning provided by section 103(f) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(f)).
``(4) Shore.--The term `shore' includes each shoreline of the
Atlantic and Pacific Oceans, the Gulf of Mexico, the Great Lakes,
and lakes, estuaries, and bays directly connected therewith.
``(5) Shore protection project.--The term `shore protection
project' includes a project for beach nourishment, including the
replacement of sand.''.
(2) Conforming amendments.--The Act entitled ``An Act
authorizing Federal participation in the cost of protecting the
shores of publicly owned property'', approved August 13, 1946, is
amended--
(A) in subsection (b)(3) of the 1st section (33 U.S.C.
426e(b)(3))--
(i) by striking ``of the Army, acting through the Chief
of Engineers,''; and
(ii) by striking the final period;
(B) in subsection (e) of the 1st section by striking
``section 3'' and inserting ``section 3 or 5''; and
(C) in section 3 (33 U.S.C. 426g) by striking ``Secretary
of the Army'' and inserting ``Secretary''.
(f) Objectives of Projects.--Section 209 of the Flood Control Act
of 1970 (42 U.S.C. 1962-2; 84 Stat. 1829) is amended by inserting
``(including shore protection projects such as projects for beach
nourishment, including the replacement of sand)'' after ``water
resource projects''.

2c518978708347eae843fd2343bcd7256c946f2e6c56d32474ced87b0a5b3ced

(a) In General.--Section 1001(b)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)(2); 100 Stat. 4201) is
amended--
(1) in the 1st sentence by striking ``10'' and inserting ``7'';
(2) in the 2d sentence by striking ``Before'' and inserting
``Upon''; and
(3) in the last sentence by inserting ``the planning, design,
or'' before ``construction''.
(b) Conforming Amendments.--Section 52 of the Water Resources
Development Act of 1988 (102 Stat. 4044) is amended--
(1) by striking subsection (a) (33 U.S.C. 579a note);
(2) by redesignating subsections (b) through (e) as subsections
(a) through (d), respectively; and
(3) in subsection (d) (as so redesignated) by striking ``or
subsection (a) of this section''.

ba4b6c5c6f6ae93c27ba3616fa061f23b3a30810f2516ac4e1d03f9ad689a6f2

(a) General Authority.--In carrying out research and development in
support of the civil works program of the Department of the Army, the
Secretary may utilize contracts, cooperative research and development
agreements, cooperative agreements, and grants with non-Federal
entities, including State and local governments, colleges and
universities, consortia, professional and technical societies, public
and private scientific and technical foundations, research
institutions, educational organizations, and nonprofit organizations.
(b) Commercial Application.--With respect to contracts for research
and development, the Secretary may include requirements that have
potential commercial application and may use such potential application
as an evaluation factor where appropriate.

4567f8292a11e98bea7eaf83227bc0cbafb3f68e2d11e3d98d0f9872ff526b6f

In evaluating potential improvements to navigation and the
maintenance of navigation projects, the Secretary shall consider, and
include for purposes of project justification, economic benefits
generated by cruise ships as commercial navigation benefits.

c7bf98e34f6f34b5bea442c35dc5cfddc059175d4be4a054b9a620273bbb9a19

Section 904 of the Water Resources Development Act of 1986 (33
U.S.C. 2281; 100 Stat. 4185) is amended by inserting ``and information
regarding potential loss of human life that may be associated with
flooding and coastal storm events,'' after ``unquantifiable,''.

56e0b9826c67966404d67d74023353b2c9fb009947a7d1ae98cf83ec6bf2e433

In conducting studies of potential water resources projects, the
Secretary shall consider measures to preserve and enhance scenic and
aesthetic qualities in the vicinity of such projects.

6a70e0db7fbf4c2bc916867825ad9be5e2bbf5d824573a92080aa86685d1701f

Section 310 of the Water Resources Development Act of 1990 (33
U.S.C. 2319; 104 Stat. 4639) is amended--
(1) by striking subsection (a); and
(2) in subsection (b)--
(A) by striking ``(b) Public Participation.--''; and
(B) by striking ``subsection'' each place it appears and
inserting ``section''.

c71c97344bd3406cc96627274c004b74544db2aa8b23d149d93099b568eb6cb1

(a) In General.--The Secretary may engage in activities in support
of other Federal agencies or international organizations to address
problems of national significance to the United States.
(b) Consultation.--The Secretary may engage in activities in
support of international organizations only after consulting with the
Secretary of State.
(c) Use of Corps' Expertise.--The Secretary may use the technical
and managerial expertise of the Corps of Engineers to address domestic
and international problems related to water resources, infrastructure
development, and environmental protection.
(d) Funding.--There is authorized to be appropriated $1,000,000 to
carry out this section. The Secretary may accept and expend additional
funds from other Federal agencies or international organizations to
carry this section.

bcd4d13d317bb9b8471f17f8e535233ce1933d52aa928c668e8ce4798bac4a4c

(a) Purchase of American-Made Equipment and Products.--It is the
sense of Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available under this
Act should be American-made.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary, to the greatest extent
practicable, shall provide to each recipient of the assistance a notice
describing the statement made in subsection (a).

28031ba4d9356251951e8a9cab6c021892e7b4169f6351187716de555a6e2700

(a) Contributions for Environmental and Recreation Projects.--
Section 203(b) of the Water Resources Development Act of 1992 (33
U.S.C. 2325(b); 106 Stat. 4826) is amended by striking ``(8662)'' and
inserting ``(8862)''.
(b) Challenge Cost-Sharing Program.--The 2d sentence of section
225(c) of such Act (33 U.S.C. 2328(c); 106 Stat. 4838) is amended by
striking ``(8662)'' and inserting ``(8862)''.

3d8a15910b775c39d2f9c8b183b2054bb401abd1aa9a401a8abf0ffb8a617367

Section 3 of the Act of August 11, 1888 (33 U.S.C. 622; 25 Stat.
423), is amended by adding at the end the following:
``(c) Program To Increase Use of Private Hopper Dredges.--
``(1) Initiation.--The Secretary shall initiate a program to
increase the use of private-industry hopper dredges for the
construction and maintenance of Federal navigation channels.
``(2) Ready reserve status for hopper dredge wheeler.--In order
to carry out this subsection, the Secretary shall place the Federal
hopper dredge Wheeler in a ready reserve status not later than the
earlier of 90 days after the date of completion of the
rehabilitation of the hopper dredge McFarland pursuant to section
563 of the Water Resources Development Act of 1996 or October 1,
1997.
``(3) Testing and use of ready reserve hopper dredge.--The
Secretary may periodically perform routine tests of the equipment
of the vessel placed in a ready reserve status under paragraph (2)
to ensure the vessel's ability to perform emergency work. The
Secretary shall not assign any scheduled hopper dredging work to
such vessel but shall perform any repairs needed to maintain the
vessel in a fully operational condition. The Secretary may place
the vessel in active status in order to perform any dredging work
only if the Secretary determines that private industry has failed
to submit a responsive and responsible bid for work advertised by
the Secretary or to carry out the project as required pursuant to a
contract with the Secretary.
``(4) Repair and rehabilitation.--The Secretary may undertake
any repair and rehabilitation of any Federal hopper dredge,
including the vessel placed in ready reserve status under paragraph
(2) to allow the vessel to be placed in active status as provided
in paragraph (3).
``(5) Procedures.--The Secretary shall develop and implement
procedures to ensure that, to the maximum extent practicable,
private industry hopper dredge capacity is available to meet both
routine and time-sensitive dredging needs. Such procedures shall
include--
``(A) scheduling of contract solicitations to effectively
distribute dredging work throughout the dredging season; and
``(B) use of expedited contracting procedures to allow
dredges performing routine work to be made available to meet
time-sensitive, urgent, or emergency dredging needs.
``(6) Report.--Not later than 2 years after the date of the
enactment of this subsection, the Secretary shall report to
Congress on whether the vessel placed in ready reserve status under
paragraph (2) is needed to be returned to active status or
continued in a ready reserve status or whether another Federal
hopper dredge should be placed in a ready reserve status.
``(7) Limitations.--
``(A) Reductions in status.--The Secretary may not further
reduce the readiness status of any Federal hopper dredge below
a ready reserve status except any vessel placed in such status
for not less than 5 years that the Secretary determines has not
been used sufficiently to justify retaining the vessel in such
status.
``(B) Increase in assignments of dredging work.--For each
fiscal year beginning after the date of the enactment of this
subsection, the Secretary shall not assign any greater quantity
of dredging work to any Federal hopper dredge in active status
than was assigned to that vessel in the average of the 3 prior
fiscal years.
``(C) Remaining dredges.--In carrying out the program under
this section, the Secretary shall not reduce the availability
and utilization of Federal hopper dredge vessels stationed on
the Pacific and Atlantic coasts below that which occurred in
fiscal year 1996 to meet the navigation dredging needs of the
ports on those coasts.
``(8) Contracts; payment of capital costs.--The Secretary may
enter into a contract for the maintenance and crewing of any
Federal hopper dredge retained in a ready reserve status. The
capital costs (including depreciation costs) of any dredge retained
in such status shall be paid for out of funds made available from
the Harbor Maintenance Trust Fund and shall not be charged against
the Corps of Engineers' Revolving Fund Account or any individual
project cost unless the dredge is specifically used in connection
with that project.''.

b2075bd81a1ca097bc7880a7578e514e9615ff3194d102b501f2d4ea35a8abe6

(a) Projects With Reports.--
(1) San francisco river at clifton, arizona.--The project for
flood control, San Francisco River at Clifton, Arizona, authorized
by section 101(a)(3) of the Water Resources Development Act of 1990
(104 Stat. 4606), is modified to authorize the Secretary to
construct the project substantially in accordance with the report
of the Corps of Engineers dated May 28, 1996, at a total cost of
$21,100,000, with an estimated Federal cost of $13,800,000 and an
estimated non-Federal cost of $7,300,000.
(2) Oakland harbor, california.--The projects for navigation,
Oakland Outer Harbor, California, and Oakland Inner Harbor,
California, authorized by section 202 of the Water Resources
Development Act of 1986 (100 Stat. 4092), are modified to direct
the Secretary--
(A) to combine the 2 projects into 1 project, to be
designated as the Oakland Harbor, California, project; and
(B) to carry out the combined project substantially in
accordance with the plans and subject to the conditions
recommended in the report of the Corps of Engineers dated July
15, 1994, at a total cost of $90,850,000, with an estimated
Federal cost of $59,150,000 and an estimated non-Federal cost
of $31,700,000.
The non-Federal share of project costs and any available credits
toward the non-Federal share shall be calculated on the basis of
the total cost of the combined project.
(3) San luis rey, california.--The project for flood control of
the San Luis Rey River, California, authorized pursuant to section
201 of the Flood Control Act of 1965 (42 U.S.C. 1962d-5; 79 Stat.
1073-1074), is modified to authorize the Secretary to construct the
project substantially in accordance with the report of the Corps of
Engineers dated May 23, 1996, at a total cost of $81,600,000, with
an estimated Federal cost of $61,100,000 and an estimated non-
Federal cost of $20,500,000.
(4) Potomac river, washington, district of columbia.--The
project for flood control, Potomac River, Washington, District of
Columbia, authorized by section 5 of the Act entitled ``An Act
authorizing the construction of certain public works on rivers and
harbors for flood control, and for other purposes'', approved June
22, 1936 (49 Stat. 1574), is modified to authorize the Secretary to
construct the project substantially in accordance with the General
Design Memorandum dated May 1992 at a Federal cost of $1,800,000;
except that a temporary closure may be used instead of a permanent
structure at 17th Street. Operation and maintenance of the project
shall be a Federal responsibility.
(5) North branch of chicago river, illinois.--The project for
flood control, North Branch of the Chicago River, Illinois,
authorized by section 401(a) of the Water Resources Development Act
of 1986 (100 Stat. 4115), is modified to authorize the Secretary--
(A) to carry out the project substantially in accordance
with the report of the Corps of Engineers dated May 26, 1994,
at a total cost of $34,228,000, with an estimated Federal cost
of $20,905,000 and an estimated non-Federal cost of
$13,323,000; and
(B) to reimburse the city of Deerfield, Illinois, an amount
not to exceed $38,500 for a flood control study financed by the
city if the Secretary determines that the study is necessary to
address residual damages in areas upstream of Reservoir 29A.
(6) Halstead, kansas.--The project for flood control, Halstead,
Kansas, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4116), is modified to authorize
the Secretary to carry out the project substantially in accordance
with the report of the Corps of Engineers dated March 19, 1993, at
a total cost of $11,100,000, with an estimated Federal cost of
$8,325,000 and an estimated non-Federal cost of $2,775,000.
(7) Cape girardeau, missouri.--The project for flood control,
Cape Girardeau, Jackson Metropolitan Area, Missouri, authorized by
section 401(a) of the Water Resources Development Act of 1986 (100
Stat. 4118-4119), is modified to authorize the Secretary to
construct the project substantially in accordance with the report
of the Corps of Engineers dated July 18, 1994, including
implementation of nonstructural measures, at a total cost of
$45,414,000, with an estimated Federal cost of $33,030,000 and an
estimated non-Federal cost of $12,384,000.
(8) Molly ann's brook, new jersey.--The project for flood
control, Molly Ann's Brook, New Jersey, authorized by section
401(a) of the Water Resources Development Act of 1986 (100 Stat.
4119), is modified to authorize the Secretary to carry out the
project substantially in accordance with the report of the Corps of
Engineers dated April 3, 1996, at a total cost of $40,100,000, with
an estimated Federal cost of $22,600,000 and an estimated non-
Federal cost of $17,500,000.
(9) Ramapo river at oakland, new jersey.--The project for flood
control, Ramapo River at Oakland, New Jersey, authorized by section
401(a) of the Water Resources Development Act of 1986 (100 Stat.
4120), is modified to authorize the Secretary to carry out the
project substantially in accordance with the report of the Corps of
Engineers dated May 1994, at a total cost of $11,300,000, with an
estimated Federal cost of $8,500,000 and an estimated non-Federal
cost of $2,800,000.
(10) Wilmington harbor-northeast cape fear river, north
carolina.--The project for navigation, Wilmington Harbor-Northeast
Cape Fear River, North Carolina, authorized by section 202(a) of
the Water Resources Development Act of 1986 (100 Stat. 4095), is
modified to authorize the Secretary to construct the project
substantially in accordance with the General Design Memorandum
dated April 1990 and the General Design Memorandum Supplement dated
February 1994, at a total cost of $52,041,000, with an estimated
Federal cost of $25,729,000 and an estimated non-Federal cost of
$26,312,000.
(11) Saw mill run, pennsylvania.--The project for flood
control, Saw Mill Run, Pittsburgh, Pennsylvania, authorized by
section 401(a) of the Water Resources Development Act of 1986 (100
Stat. 4124), is modified to authorize the Secretary to carry out
the project substantially in accordance with the report of the
Corps of Engineers dated April 8, 1994, at a total cost of
$12,780,000, with an estimated Federal cost of $9,585,000 and an
estimated non-Federal cost of $3,195,000.
(12) San juan harbor, puerto rico.--The project for navigation,
San Juan Harbor, Puerto Rico, authorized by section 202(a) of the
Water Resources Development Act of 1986 (100 Stat. 4097), is
modified to authorize the Secretary to deepen the bar channel to
depths varying from 49 feet to 56 feet below mean low water with
other modifications to authorized interior channels as described in
the General Reevaluation Report and Environmental Assessment dated
March 1994, at a total cost of $45,085,000, with an estimated
Federal cost of $28,244,000 and an estimated non-Federal cost of
$16,841,000.
(13) India point railroad bridge, seekonk river, providence,
rhode island.--The project for navigation, India Point Railroad
Bridge, Seekonk River, Providence, Rhode Island, authorized by
section 1166(c) of the Water Resources Development Act of 1986 (100
Stat. 4258), is modified to authorize the Secretary to construct
the project substantially in accordance with the Post Authorization
Change Report dated August 1994 at a total cost of $1,300,000, with
an estimated Federal cost of $650,000 and an estimated non-Federal
cost of $650,000.
(14) Upper jordan river, utah.--The project for flood control,
Upper Jordan River, Utah, authorized by section 101(a)(23) of the
Water Resources Development Act of 1990 (104 Stat. 4610), is
modified to authorize the Secretary to carry out the project
substantially in accordance with the General Design Memorandum for
the project dated March 1994, and the Post Authorization Change
Report for the project dated April 1994, at a total cost of
$12,870,000, with an estimated Federal cost of $8,580,000 and an
estimated non-Federal cost of $4,290,000.
(b) Projects Subject to Reports.--The following projects are
modified as follows, except that no funds may be obligated to carry out
work under such modifications until completion of a report by the Corps
of Engineers finding that such work is technically sound,
environmentally acceptable, and economic, as applicable:
(1) Alamo dam, arizona.--The project for flood control and
other purposes, Alamo Dam and Lake, Arizona, authorized by section
10 of the Act entitled ``An Act authorizing the construction of
certain public works on rivers and harbors for flood control, and
for other purposes'', approved December 22, 1944 (58 Stat. 900), is
modified to authorize the Secretary to operate the Alamo Dam to
provide fish and wildlife benefits both upstream and downstream of
the Dam. Such operation shall not reduce flood control and
recreation benefits provided by the project.
(2) Phoenix, arizona.--The project for flood control and water
quality improvement, Phoenix, Arizona, authorized by section 321 of
the Water Resources Development Act of 1992 (106 Stat. 4848), is
modified--
(A) to make ecosystem restoration a project purpose; and
(B) to authorize the Secretary to construct the project at
a total cost of $17,500,000.
(3) Glenn-colusa, california.--The project for flood control,
Sacramento River, California, authorized by section 2 of the Act
entitled ``An Act to provide for the control of the floods of the
Mississippi River and of the Sacramento River, California, and for
other purposes'', approved March 1, 1917 (39 Stat. 949), and
modified by section 102 of the Energy and Water Development
Appropriations Act, 1990 (103 Stat. 649), is further modified to
authorize the Secretary to carry out the portion of the project at
Glenn-Colusa, California, at a total cost of $14,200,000.
(4) Tybee island, georgia.--The project for beach erosion
control, Tybee Island, Georgia, authorized pursuant to section 201
of the Flood Control Act of 1968 (42 U.S.C. 1962d-5; 79 Stat. 1073-
1074), is modified to include as an integral part of the project
the portion of Tybee Island located south of the existing south
terminal groin between 18th and 19th Streets, including the east
bank of Tybee Creek up to Horse Pen Creek.
(5) Comite river, louisiana.--The Comite River Diversion
project for flood control, authorized as part of the project for
flood control, Amite River and Tributaries, Louisiana, by section
101(11) of the Water Resources Development Act of 1992 (106 Stat.
4802-4803), is modified to authorize the Secretary to construct the
project at a total cost of $121,600,000, with an estimated Federal
cost of $70,577,000 and an estimated non-Federal cost of
$51,023,000.
(6) Grand isle and vicinity, louisiana.--The project for
hurricane damage prevention, flood control, and beach erosion along
Grand Isle and Vicinity, Louisiana, authorized by section 204 of
the Flood Control Act of 1965 (79 Stat. 1077), is modified to
authorize the Secretary to construct a permanent breakwater and
levee system at a total cost of $17,000,000.
(7) Red river waterway, louisiana.--The project for mitigation
of fish and wildlife losses, Red River Waterway, Louisiana,
authorized by section 601(a) of the Water Resources Development Act
of 1986 (100 Stat. 4142) and modified by section 102(p) of the
Water Resources Development Act of 1990 (104 Stat. 4613), is
further modified--
(A) to authorize the Secretary to carry out the project at
a total cost of $10,500,000; and
(B) to provide that lands that are purchased adjacent to
the Loggy Bayou Wildlife Management Area may be located in
Caddo Parish or Red River Parish.
(8) Red river waterway, mississippi river to shreveport,
louisiana.--The project for navigation, Red River Waterway,
Mississippi River to Shreveport, Louisiana, authorized by section
101 of the River and Harbor Act of 1968 (82 Stat. 731), is modified
to require the Secretary to dredge and perform other related work
as required to reestablish and maintain access to, and the
environmental value of, the bendway channels designated for
preservation in project documentation prepared before the date of
the enactment of this Act. The work shall be carried out in
accordance with the local cooperation requirements for other
navigation features of the project.
(9) Stillwater, minnesota.--The project for flood control,
Stillwater, Minnesota, authorized by section 363 of the Water
Resources Development Act of 1992 (106 Stat. 4861-4862), is
modified--
(A) to authorize the Secretary to expand the flood wall
system if the Secretary determines that the expansion is
feasible; and
(B) to authorize the Secretary to construct the project at
a total cost of $11,600,000, with an estimated Federal cost of
$8,700,000 and an estimated non-Federal cost of $2,900,000.
(10) Joseph g. minish passaic river park, new jersey.--The
streambank restoration element of the project for flood control,
Passaic River Main Stem, New Jersey and New York, authorized by
section 101(a)(18)(B) of the Water Resources Development Act of
1990 (104 Stat. 4608) and known as the ``Joseph G. Minish Passaic
River Waterfront Park and Historic Area, New Jersey'', is
modified--
(A) to authorize the Secretary to construct such element at
a total cost of $75,000,000;
(B) to provide that construction of such element may be
undertaken before implementation of the remainder of the
Passaic River Main Stem project; and
(C) to provide that such element shall be treated, for the
purpose of economic analysis, as an integral part of the
Passaic River Main Stem project and shall be completed in the
initial phase of the Passaic River Main Stem project.
(11) Arthur kill, new york and new jersey.--The project for
navigation, Arthur Kill, New York and New Jersey, authorized by
section 202(b) of the Water Resources Development Act of 1986 (100
Stat. 4098), is modified to authorize the Secretary to carry out
the project to a depth of not to exceed 45 feet, at a total cost of
$83,000,000.
(12) Kill van kull, new york and new jersey.--
(A) Cost increase.--The project for navigation, Kill Van
Kull, New York and New Jersey, authorized by section 202(a) of
the Water Resources Development Act of 1986 (100 Stat. 4095),
is modified to authorize the Secretary to carry out the project
at a total cost of $750,000,000.
(B) Continuation of engineering and design.--The Secretary
shall continue engineering and design in order to complete the
navigation project at Kill Van Kull and Newark Bay Channels,
New York and New Jersey, authorized by chapter IV of title I of
the Supplemental Appropriations Act, 1985 (99 Stat. 313) and
section 202(a) of the Water Resources Development Act of 1986
(100 Stat. 4095).

8be1c6ed27e2729a8ca2b963106a6768b7f9606eefbea26f3a1087eadd301158

The undesignated paragraph under the heading ``mobile harbor,
alabama'' in section 201(a) of the Water Resources Development Act of
1986 (100 Stat. 4090) is amended by striking the 1st semicolon and all
that follows and inserting a period and the following: ``In disposing
of dredged material from such project, the Secretary, after compliance
with applicable laws and after opportunity for public review and
comment, may consider alternatives to disposal of such material in the
Gulf of Mexico, including environmentally acceptable alternatives for
beneficial uses of dredged material and environmental restoration.''.

63c9ab4d2af11a919db83be4d141ae1f9dfc8ca12b7eb316f1b016cf75c6f5b2

The project for flood control, Nogales Wash and tributaries,
Arizona, authorized by section 101(a)(4) of the Water Resources
Development Act of 1990 (104 Stat. 4606), is modified to direct the
Secretary to permit the non-Federal contribution for the project to be
determined in accordance with subsections (k) and (m) of section 103 of
the Water Resources Development Act of 1986 (33 U.S.C. 2213) and to
direct the Secretary to enter into negotiations with non-Federal
interests pursuant to section 103(l) of such Act concerning the timing
of the initial payment of the non-Federal contribution.

f9d47675fd3b768901921616e183815092c82294272b05d35fcd3cacb64cf9ec

The project for flood control and power generation at White River
Basin, Arkansas and Missouri, authorized by section 4 of the Act
entitled ``An Act authorizing the construction of certain public works
on rivers and harbors for flood control, and for other purposes'',
approved June 28, 1938 (52 Stat. 1218), shall include recreation and
fish and wildlife mitigation as purposes of the project, to the extent
that the additional purposes do not adversely affect flood control,
power generation, or other authorized purposes of the project.

57c6fe7b77ae9fe542b5bc0b869bcd45442f5026ddbeb78dd312411a68020999

The project for navigation and shore protection, Channel Islands
Harbor, Port of Hueneme, California, authorized by section 101 of the
River and Harbor Act of 1954 (68 Stat. 1252), is modified to authorize
biennial dredging and sand bypassing at an annual downcoast
replenishment rate to establish and maintain a littoral sediment
balance which is estimated at 1,254,000 cubic yards per year. The cost
of such dredging and sand bypassing shall be 100 percent Federal as
long as Federal ownership of the entrance channel and jetties of the
Port of Hueneme necessitates restoration and maintenance of the
downcoast shoreline.

83172619a4b2e4c3e257ad045e4e6d5b17006bb8d9a0bac5d0f1188ee692bc13

(a) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be expended for the project for flood control, Lake
Elsinore, Riverside County, California, shall be $7,500,000.
(b) Revision of Project Cooperation Agreement.--The Secretary shall
revise the project cooperation agreement for the project referred to in
subsection (a) to take into account the change in the Federal
participation in such project pursuant to subsection (a).
(c) Cost Sharing.--Nothing in this section shall be construed to
affect any cost-sharing requirement applicable to the project referred
to in subsection (a) under the Water Resources Development Act of 1986.
(d) Study.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall--
(1) conduct a study of the advisability of modifying, for the
purpose of flood control pursuant to section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s), the project for flood
control, Lake Elsinore, Riverside County, California, to permit
water conservation storage up to an elevation of 1,249 feet above
mean sea level; and
(2) report to Congress on the study, including making
recommendations concerning the advisability of so modifying the
project.

1d6233156b3cfc2b94be559ad81044e121b57016f8e9cc4f499c69f3bb5cdc17

CALIFORNIA.
The project for navigation, Los Angeles and Long Beach Harbors, San
Pedro Bay, California, authorized by section 201(a) of the Water
Resources Development Act of 1986 (100 Stat. 4091), is modified to
provide that, for the purpose of section 101(a)(2) of such Act (33
U.S.C. 2211(a)(2)), the sewer outfall relocated over a distance of
4,458 feet by the Port of Los Angeles at a cost of approximately
$12,000,000 shall be considered to be a relocation. The cost of such
relocation shall be credited as a payment provided by the non-Federal
interest.

2bb2858dcb0635e8ad3f206ec50c90e23eaff6a16ac4e6ad12649307a0bbc14b

The non-Federal share for a project to add water conservation to
the existing Los Angeles County Drainage Area, California, project,
authorized by section 101(b) of the Water Resources Development Act of
1990 (104 Stat. 4611), shall be 100 percent of separable first costs
and separable operation, maintenance, and replacement costs associated
with the water conservation purpose.

6b1b5e1a1c4fa031d4027f988213bded529373eff3af073bcd72bcaf206437ee

(a) Review.--
(1) Separable element determination.--Not later than 6 months
after the date of the enactment of this Act, the Secretary shall
review, in cooperation with the non-Federal interest, the Prado Dam
feature of the project for flood control, Santa Ana River Mainstem,
California, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4113), with a view toward
determining whether the feature may be considered a separable
element (as defined in section 103(f) of such Act (33 U.S.C.
2213(f))).
(2) Modification of cost-sharing requirement.--If the Prado Dam
feature is determined to be a separable element under this
subsection, the Secretary shall reduce the non-Federal cost-sharing
requirement for such feature in accordance with section 103(a)(3)
of such Act and shall enter into a project cooperation agreement
with the non-Federal interest to reflect the modified cost-sharing
requirement and to carry out construction.
(b) Safety Improvements.--The Secretary, in coordination with the
State of California, shall provide technical assistance to Orange
County, California, in developing appropriate public safety and access
improvements associated with that portion of California State Route 71
being relocated for the Prado Dam feature of the project authorized as
part of the project referred to in subsection (a)(1).

39ff159d3db764d9d5c38f55bc876cdeb2d68157502270aaf7181c726a211cc2

Section 4(e) of the Water Resources Development Act of 1988 (102
Stat. 4016) is amended by adding at the end the following: ``In
addition, the Secretary shall perform advance maintenance dredging in
the Queensway Bay Channel, California, at a total cost of $5,000,000.
The Secretary shall coordinate with Federal and State agencies the
establishment of suitable dredged material disposal areas.''.

7833eea36f5518edb15460c7cab10d40027c3ad26d50c7ae8557738db826b33a

The non-Federal share for a project to add water conservation to
the Seven Oaks Dam, authorized as part of the project for flood
control, Santa Ana River Mainstem, California, by section 401(a) of the
Water Resources Development Act of 1986 (100 Stat. 4113), shall be 100
percent of separable first costs and separable operation, maintenance,
and replacement costs associated with the water conservation purpose.

6d0fd9b857ee5cbd80f97895b95627a571227115f31db268cf1132ed1c940551

(a) Modification.--The project for navigation, Thames River,
Connecticut, authorized by the 1st section of the Act entitled ``An Act
authorizing the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes'', approved
August 30, 1935 (49 Stat. 1029), is modified to reconfigure the turning
basin in accordance with the following alignment: Beginning at a point
on the eastern limit of the existing project, N251052.93, E783934.59,
thence running north 5 degrees, 25 minutes, 21.3 seconds east 341.06
feet to a point, N251392.46, E783966.82, thence running north 47
degrees, 24 minutes, 14.0 seconds west 268.72 feet to a point,
N251574.34, E783769.00, thence running north 88 degrees, 41 minutes,
52.2 seconds west 249.06 feet to a point, N251580.00, E783520.00,
thence running south 46 degrees, 16 minutes, 22.9 seconds west 318.28
feet to a point, N251360.00, E783290.00, thence running south 19
degrees, 1 minute, 32.2 seconds east 306.76 feet to a point,
N251070.00, E783390.00, thence running south 45 degrees, 0 minutes, 0
seconds, east 155.56 feet to a point, N250960.00, E783500.00 on the
existing western limit.
(b) Payment for Initial Dredging.--Any required initial dredging of
the widened portions identified in subsection (a) shall be carried out
at no cost to the Federal Government.
(c) Deauthorization.--The portions of the turning basin that are
not included in the reconfigured turning basin described in subsection
(a) are not authorized after the date of the enactment of this Act.

067a2e996b7becab261de1e14f7afb062267855447624d6e7fbc42d8c85e30f5

The project for navigation, Canaveral Harbor, Florida, authorized
by section 101(7) of the Water Resources Development Act of 1992 (106
Stat. 4802), is modified to authorize the Secretary to reclassify the
removal and replacement of stone protection on both sides of the
channel as general navigation features. The Secretary shall reimburse
any costs that are incurred by the non-Federal sponsor in connection
with the reclassified work and that the Secretary determines to be in
excess of the non-Federal share of costs for general navigation
features. The Federal and non-Federal shares of the cost of the
reclassified work shall be determined in accordance with section 101 of
the Water Resources Development Act of 1986 (33 U.S.C. 2211).

258ae76cca9e346bc0f59544ced3dbf35a87bcc41d8ce7158486e0d2b5d90f6b

The project for shoreline protection, Captiva Island, Lee County,
Florida, authorized pursuant to section 201 of the Flood Control Act of
1965 (42 U.S.C. 1962d-5; 79 Stat. 1073), is modified to direct the
Secretary to reimburse the non-Federal interest for beach nourishment
work carried out by such interest as if such work occurred after
execution of the agreement entered into pursuant to section 215 of the
Flood Control Act of 1968 (42 U.S.C. 1962d-5a) with respect to such
project if the Secretary determines that such work is compatible with
the project.

35169dd9eb707f4fdd6ff84cd2e33726ca09bbd52bfa8b3d2d7794ffda55e2dd

The project for flood protection of West Palm Beach, Florida (C-
51), authorized by section 203 of the Flood Control Act of 1962 (76
Stat. 1183), is modified to provide for the construction of an enlarged
stormwater detention area, Storm Water Treatment Area 1 East, generally
in accordance with the plan of improvements described in the February
15, 1994, report entitled ``Everglades Protection Project, Palm Beach
County, Florida, Conceptual Design'', with such modifications as are
approved by the Secretary. The additional work authorized by this
section shall be accomplished at Federal expense. Operation and
maintenance of the stormwater detention area shall be consistent with
regulations prescribed by the Secretary for the Central and Southern
Florida project, and all costs of such operation and maintenance shall
be provided by non-Federal interests.

f80f01e0ed6e1072a1d49b0ab3eab6d1abbe12098c0f9cbb3f64e99340e75f65

(a) In General.--The project for Central and Southern Florida,
authorized by section 203 of the Flood Control Act of 1948 (62 Stat.
1176) and modified by section 203 of the Flood Control Act of 1968 (82
Stat. 740-741), is modified to authorize the Secretary to implement the
recommended plan of improvement contained in a report entitled
``Central and Southern Florida Project, Final Integrated General
Reevaluation Report and Environmental Impact Statement, Canal 111 (C-
111), South Dade County, Florida'', dated May 1994, including
acquisition by non-Federal interests of such portions of the Frog Pond
and Rocky Glades areas as are needed for the project.
(b) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of
implementing the plan of improvement shall be 50 percent.
(2) Secretary of interior responsibility.--The Secretary of the
Interior shall pay 25 percent of the cost of acquiring such
portions of the Frog Pond and Rocky Glades areas as are needed for
the project. The amount paid by the Secretary of the Interior shall
be included as part of the Federal share of the cost of
implementing the plan.
(3) Operation and maintenance.--The non-Federal share of
operation and maintenance costs of the improvements undertaken
pursuant to this section shall be 100 percent; except that the
Federal Government shall reimburse the non-Federal interest with
respect to the project 60 percent of the costs of operating and
maintaining pump stations that pump water into Taylor Slough in the
Everglades National Park.

aba4f7ab50fc6475ad17a9c40418a2c8ce2fbbee5a5af2f0977bbf368f29a443

The project for navigation, Jacksonville Harbor (Mill Cove),
Florida, authorized by section 601(a) of the Water Resources
Development Act of 1986 (100 Stat. 4139-4140), is modified to direct
the Secretary to carry out a project for mitigation consisting of
measures for flow and circulation improvement within Mill Cove, at an
estimated total Federal cost of $2,000,000.

e37b670bfb3bd1a8fa81daaaf6edda1549f92455bb3a85db535413526863002a

(a) In General.--The project for shoreline protection, Panama City
Beaches, Florida, authorized by section 501(a) of the Water Resources
Development Act of 1986 (100 Stat. 4133), is modified to direct the
Secretary to enter into an agreement with the non-Federal interest for
carrying out such project in accordance with section 206 of the Water
Resources Development Act of 1992 (33 U.S.C. 426i-1).
(b) Reports.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall transmit to Congress a
report on the progress made in carrying out this section and a report
on implementation of section 206 of the Water Resources Development Act
of 1992.

029f7d4d9462a4827a2a6f075bb066454751388ce74a7f0e29a57b4a2d8fcb50

The project for flood control, Chicagoland Underflow Plan,
Illinois, authorized by section 3(a)(5) of the Water Resources
Development Act of 1988 (102 Stat. 4013), is modified to limit the
capacity of the reservoir project to not to exceed 11,000,000,000
gallons or 32,000 acre-feet, to provide that the reservoir project may
not be located north of 55th Street or west of East Avenue in the
vicinity of McCook, Illinois, and to provide that the reservoir project
may be constructed only on the basis of a specific plan that has been
evaluated by the Secretary under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).

e95cdd88be33b78bd0c3ca4d43561ecaacd6585e05a9843731d354fab9f899c5

The project for navigation, Chicago Harbor, Lake Michigan,
Illinois, for which operation and maintenance responsibility was
transferred to the Secretary under chapter IV of title I of the
Supplemental Appropriations Act, 1983 (97 Stat. 311), and section 107
of the Energy and Water Development Appropriation Act, 1982 (95 Stat.
1137), is modified to direct the Secretary to conduct a study to
determine the feasibility of making such structural repairs as are
necessary to prevent leakage through the Chicago Lock and the Thomas J.
O'Brien Lock, Illinois, and to determine the need for installing
permanent flow measurement equipment at such locks to measure any
leakage. The Secretary may carry out such repairs and installations as
are necessary following completion of the study.

aa939a1c9f6be9d7bc4d0df4e3d59e4f3555e25b3c4455ebefa9365619c780ef

The project for navigation, Kaskaskia River, Illinois, authorized
by section 101 of the River and Harbor Act of 1962 (76 Stat. 1175), is
modified to add fish and wildlife and habitat restoration as project
purposes.

33c44446922c396150e0124edd0399bf28576df925a1d2e9624b26bca398091e

Section 102(l) of the Water Resources Development Act of 1990 (104
Stat. 4613) is amended--
(1) by striking ``, that requires no separable project lands
and'' and inserting ``on project lands and other contiguous
nonproject lands, including those lands referred to as the Alton
Commons. The recreational development'';
(2) by inserting ``shall be'' before ``at a Federal
construction''; and
(3) by striking ``. The recreational development'' and
inserting ``, and''.

ca118dcf12b3677d1c270f43a8ba6ad91c53e92b1c93c6c2a5a01f567c11dbc5

The project for flood control, Indianapolis on West Fork of the
White River, Indiana, authorized by section 5 of the Act entitled ``An
Act authorizing the construction of certain public works on rivers and
harbors for flood control, and other purposes'', approved June 22, 1936
(49 Stat. 1586), is modified to authorize the Secretary to undertake
riverfront alterations as described in the Central Indianapolis
Waterfront Concept Master Plan, dated February 1994, at a total cost of
$85,975,000, with an estimated Federal cost of $39,975,000 and an
estimated non-Federal cost of $46,000,000. The cost of work, including
relocations undertaken by the non-Federal interest after February 15,
1994, on features identified in the Master Plan shall be credited
toward the non-Federal share of project costs.

b8e5979c98bd1978db6f144572adb01d177a42e6fc5aaa04244ae6745ecd1207

The project for navigation, Mississippi River Outlets, Venice,
Louisiana, authorized by section 101 of the River and Harbor Act of
1968 (82 Stat. 731), is modified to provide for the extension of the
16-foot deep (mean low gulf) by 250-foot wide Baptiste Collette Bayou
entrance channel to approximately mile 8 of the Mississippi River Gulf
Outlet navigation channel at a total estimated Federal cost of $80,000,
including $4,000 for surveys and $76,000 for Coast Guard aids to
navigation.

b29458cf649ab6084a60f656a71aef47448f3943343f811445cc709948bd331d

The project for hurricane damage prevention and flood control, Lake
Pontchartrain, Louisiana, authorized by section 204 of the Flood
Control Act of 1965 (79 Stat. 1077), is modified to provide that St.
Bernard Parish, Louisiana, and the Lake Borgne Basin Levee District,
Louisiana, shall not be required to pay the unpaid balance, including
interest, of the non-Federal cost-share of the project.

f7c1828d5d80a8f3f900547f1686ee400ab2f7c5b9deff00b5cf8171b021c720

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

1d22b08d60eec242d80f5fdd080114a0f29a1b0bdb24532e36ee7c7c38662094

The project for navigation, Baltimore Harbor and Channels,
Maryland, authorized by section 101 of the River and Harbor Act of 1958
(72 Stat. 297), is modified to direct the Secretary--
(1) to expedite review of potential straightening of the
channel at the Tolchester Channel S-Turn; and
(2) if determined to be feasible and necessary for safe and
efficient navigation, to implement such straightening as part of
project maintenance.

aa7c174ec008a4c8e58a7ba8099070252837ff5310831248460cb4a0e62da712

(a) General Rule.--Notwithstanding section 1001 of the Water
Resources Development Act of 1986 (33 U.S.C. 579a), the project for
navigation, Cross Village Harbor, Michigan, authorized by section 101
of the River and Harbor Act of 1966 (80 Stat. 1405), shall remain
authorized to be carried out by the Secretary.
(b) Limitation.--The project described in subsection (a) shall not
be authorized for construction after the last day of the 5-year period
that begins on the date of the enactment of this Act unless, during
such period, funds have been obligated for the construction (including
planning and design) of the project.

bdebbe401ee4e1455fa5d6c5cb24099ddf33ac86b58f33286e1627d110bc115b

The project for flood protection, Saginaw River, Michigan,
authorized by section 203 of the Flood Control Act of 1958 (72 Stat.
311), is modified to include as part of the project the design and
construction of an inflatable dam on the Flint River, Michigan, at a
total cost of $500,000.

0a4008be67fb0951f2fbc7b1738072b27adbc07a3b557d7ffe6c06d21d9f9222

(a) In General.--The project for navigation, Sault Sainte Marie,
Chippewa County, Michigan, authorized by section 1149 of the Water
Resources Development Act of 1986 (100 Stat. 4254-4255), is modified as
follows:
(1) Payment of non-federal share.--The non-Federal share of the
cost of the project shall be paid as follows:
(A) That portion of the non-Federal share that the
Secretary determines is attributable to use of the lock by
vessels calling at Canadian ports shall be paid by the United
States.
(B) The remaining portion of the non-Federal share shall be
paid by the Great Lakes States pursuant to an agreement entered
into by such States.
(2) Payment term of additional percentage.--The amount to be
paid by non-Federal interests pursuant to section 101(a) of the
Water Resources Development Act of 1986 (33 U.S.C. 2211(a)) and
this subsection with respect to the project may be paid over a
period of 50 years or the expected life of the project, whichever
is shorter.
(b) Great Lakes States Defined.--In this section, the term ``Great
Lakes States'' means the States of Illinois, Indiana, Michigan,
Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.

39e9a8b457f5d099e6efe1395931f8556c83433c132d79ce6f475b49a7756c03

Notwithstanding any other provision of law, Federal assistance made
available under the rural enterprise zone program of the Department of
Agriculture may be used toward payment of the non-Federal share of the
costs of the project for flood control, St. Johns Bayou and New Madrid
Floodway, Missouri, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4118).

35173995b868e450d09ff0d3e115d0eff284b11bdcde5c7eab40df7ecc6597ac

(a) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be allotted for the project for flood control, Lost
Creek, Columbus, Nebraska, shall be $5,500,000.
(b) Revision of Project Cooperation Agreement.--The Secretary shall
revise the project cooperation agreement for the project referred to in
subsection (a) to take into account the change in the Federal
participation in such project pursuant to subsection (a).

091b56046560bb56c3bd584d0b99adbb17a11846a33ec34db8f5c28b579c1446

Section 1148 of the Water Resources Development Act of 1986 (100
Stat. 4254) is amended to read as follows:
``SEC. 1148. PASSAIC RIVER BASIN.
``(a) Acquisition of Lands.--The Secretary may acquire from willing
sellers lands on which residential structures are located and that are
subject to frequent and recurring flood damage, as identified in the
supplemental floodway report of the Corps of Engineers, Passaic River
Buyout Study, September 1995, at an estimated total cost of
$194,000,000.
``(b) Retention of Lands for Flood Protection.--Lands acquired by
the Secretary under this section shall be retained by the Secretary for
future use in conjunction with flood protection and flood management in
the Passaic River Basin.
``(c) Cost Sharing.--The non-Federal share of the cost of carrying
out this section shall be 25 percent plus any amount that might result
from application of subsection (d).
``(d) Applicability of Benefit-Cost Ratio Waiver Authority.--In
evaluating and implementing the project under this section, the
Secretary shall allow the non-Federal interest to participate in the
financing of the project in accordance with section 903(c), to the
extent that the Secretary's evaluation indicates that applying such
section is necessary to implement the project.''.

ef38dced5497d590222c1b219e97cbca144a12c596534f8af0092fb989681df7

The second sentence of section 1113(b) of the Water Resources
Development Act of 1986 (100 Stat. 4232) is amended by inserting before
the period at the end the following: ``; except that the Federal share
of reconnaissance studies carried out by the Secretary under this
section shall be 100 percent''.

c24b2e30265f8f0f13eccaab4aa6aa760b83bf3fc730ce2880ae649e3c911e04

The project for navigation, Jones Inlet, New York, authorized by
section 2 of the Act entitled ``An Act authorizing the construction,
repair, and preservation of certain public works on rivers and harbors,
and for other purposes'', approved March 2, 1945 (59 Stat. 13), is
modified to direct the Secretary to place uncontaminated dredged
material on beach areas downdrift from the federally maintained channel
to the extent that such work is necessary to mitigate the interruption
of littoral system natural processes caused by the jetty and continued
dredging of the federally maintained channel.

f1d1827db07613fbb0b7575c861d51ebb38773e65910af62770af2c9babfc2d9

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

0d61908cae7301d9b97e681043bfa4d957db8a38805201f789d9c2fccbafbb9e

The project for flood protection, Reno Beach-Howards Farm, Ohio,
authorized by section 203 of the Flood Control Act of 1948 (62 Stat.
1178), is modified to provide that the value of lands, easements,
rights-of-way, and disposal areas that are necessary to carry out the
project and are provided by the non-Federal interest shall be
determined on the basis of the appraisal performed by the Corps of
Engineers and dated April 4, 1985.

e1b72f7de18d1089a394b7399fd33657b7823217b3e311f9f5118948d9395c5c

The project for flood control and water supply, Broken Bow Lake,
Red River Basin, Oklahoma, authorized by section 203 of the Flood
Control Act of 1958 (72 Stat. 309) and modified by section 203 of the
Flood Control Act of 1962 (76 Stat. 1187) and section 102(v) of the
Water Resources Development Act of 1992 (106 Stat. 4808), is further
modified to provide for the reallocation of a sufficient quantity of
water supply storage space in Broken Bow Lake to support the Mountain
Fork trout fishery. Releases of water from Broken Bow Lake for the
Mountain Fork trout fishery as mitigation for the loss of fish and
wildlife resources in the Mountain Fork River shall be carried out at
no expense to the State of Oklahoma.

f357eddebc1b04a97938b82cd047d18a66348694d83c089a6f0002758c697020

The Secretary shall maintain a minimum conservation pool level of
478 feet at the Wister Lake project in LeFlore County, Oklahoma,
authorized by section 4 of the Act entitled ``An Act authorizing the
construction of certain public works on rivers and harbors for flood
control, and for other purposes'', approved June 28, 1938 (52 Stat.
1218). Notwithstanding title I of the Water Resources Development Act
of 1986 (33 U.S.C. 2211 et seq.) or any other provision of law, any
increase in water supply yield that results from the pool level of 478
feet shall be treated as unallocated water supply until such time as a
user enters into a contract for the supply under such applicable laws
concerning cost-sharing as are in effect on the date of the contract.

f8e9ea0b5cd3fd601422ef840c666483ae1e59543b8229e65f56dacb057e68ae

Water Resources Development Act of 1995 — S. 640

Other Sections