The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“THE WATER RESOURCES DEVELOPMENT ACT OF 1996” mentioning the Department of Interior was published in the Senate section on pages S7770-S7782 on July 11, 1996.
The publication is reproduced in full below:
THE WATER RESOURCES DEVELOPMENT ACT OF 1996
______
CHAFEE AMENDMENT NO. 4445
Mr. STEVENS (for Mr. Chafee) proposed an amendment to the bill (S. 640) 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; as follows:
On page 65, line 9, strike ``1995'' and insert ``1996''.
Beginning on page 66, strike line 7 and all that follows through page 67, line 4, and insert the following:
(a) Projects With Reports.--Except as otherwise provided in this subsection, the following projects for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, recommended in the respective reports designated in this subsection:
On page 67, between lines 4 and 5, insert the following:
(1) 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
$10,116,000 and an estimated non-Federal cost of $5,064,000.
On page 67, line 5, strike ``(1)'' and insert ``(2)''.
On page 67, line 13, strike ``(2)'' and insert ``(3)''.
On page 67, line 22, strike ``(3)'' and insert ``(4)''.
On page 68, between lines 3 and 4, insert the following:
(5) 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 October 1994, at a total cost of $18,820,000, with an estimated Federal cost of $14,120,000 and an estimated non-Federal cost of $4,700,000.
On page 68, line 4, strike ``(4)'' and insert ``(6)''.
Beginning on page 68, strike line 15 and all that follows through page 69, line 5, and insert the following:
(7) Illinois shoreline storm damage reduction, wilmette to illinois and indiana state line.--The project for lake level flooding and storm damage reduction, extending from Wilmette, Illinois, to the Illinois and 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 Secretary shall reimburse the non-Federal interest for the Federal share of any costs that the non-Federal interest incurs in constructing the breakwater near the South Water Filtration Plant, Chicago, Illinois.
On page 69, line 6, strike ``(6)'' and insert ``(8)''.
On page 69, between lines 16 and 17, insert the following:
(9) Pond creek, kentucky.--The project for flood control, Pond Creek, Kentucky: Report of the Chief of Engineers, dated June 28, 1994, at a total cost of $16,865,000, with an estimated Federal cost of $11,243,000 and an estimated non-Federal cost of $5,622,000.
On page 69, line 17, strike ``(7)'' and insert ``(10)''.
On page 70, line 3, strike ``(8)'' and insert ``(11)''.
On page 70, line 9, strike ``(9)'' and insert ``(12)''.
On page 70, line 21, strike ``(10)'' and insert ``(13)''.
On page 71, line 9, strike ``(11)'' and insert ``(14)''.
On page 71, between lines 15 and 16, insert the following:
(15) Atlantic coast of long island, new york.--The project for hurricane and 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.
On page 71, line 16, strike ``(12)'' and insert ``(16)''.
On page 71, line 24, strike ``(13)'' and insert ``(17)''.
On page 72, strike lines 5 through 16.
On page 72, line 17, strike ``(16)'' and insert ``(18)''.
On page 72, between lines 23 and 24, insert the following:
(19) 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
$508,757,000, with an estimated Federal cost of $286,141,000 and an estimated non-Federal cost of $222,616,000.
On page 72, line 24, strike ``(17)'' and insert ``(20)''.
On page 73, line 11, strike ``(18)'' and insert ``(21)''.
On page 73, line 16, strike ``$257,900,000'' and insert
``$229,581,000''.
On page 73, after line 23, add the following:
(b) Projects Subject to Favorable 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 favorable final report (or in the case of the project described in paragraph
(6), a favorable feasibility report) of the Chief 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 $4,344,000 and an estimated non-Federal cost of $6,021,000.
(2) Cook inlet, alaska.--The project for navigation, Cook Inlet, Alaska, at a total cost of $5,342,000, with an estimated Federal cost of $4,006,000 and an estimated non-Federal cost of $1,336,000.
(3) American river watershed, california.--
(A) In general.--The project for flood damage reduction, American and Sacramento Rivers, California: Supplemental Information Report for the American River Watershed Project, California, dated March 1996, at a total cost of $57,300,000, with an estimated Federal cost of $42,975,000 and an estimated non-Federal cost of $14,325,000, consisting of--
(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 control 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) the costs of the variable flood control operation of the Folsom Dam and Reservoir.
(4) Santa monica breakwater, california.--The project for hurricane and storm damage reduction, Santa Monica breakwater, California, at a total cost of $6,440,000, with an estimated Federal cost of $4,220,000 and an estimated non-Federal cost of $2,220,000.
(5) Lower savannah river basin, savannah river, georgia and south carolina.--The project for environmental restoration, Lower Savannah River Basin, Savannah River, Georgia and South Carolina, at a total cost of $3,419,000, with an estimated Federal cost of $2,551,000 and an estimated non-Federal cost of $868,000.
(6) New harmony, indiana.--The project for shoreline 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.
(7) Chesapeake and delaware canal, maryland and delaware.--The project for navigation and safety improvements, Chesapeake and Delaware Canal, Baltimore Harbor channels, Delaware and Maryland, at a total cost of $33,000,000, with an estimated Federal cost of $25,000,000 and an estimated non-Federal cost of $8,000,000.
(8) Poplar island, maryland.--The project for beneficial use of clean dredged material in connection with the dredging of Baltimore Harbor and connecting channels, Poplar Island, Maryland, at a total cost of $307,000,000, with an estimated Federal cost of $230,000,000 and an estimated non-Federal cost of $77,000,000.
(9) Las cruces, new mexico.--The project for flood damage reduction, Las Cruces, New Mexico, 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.
(10) Cape fear river, north carolina.--The project for navigation, Cape Fear River deepening, North Carolina, at a total cost of $210,264,000, with an estimated Federal cost of
$130,159,000 and an estimated non-Federal cost of
$80,105,000.
(11) Charleston harbor, south carolina.--The project for navigation, Charleston Harbor, South Carolina, at a total cost of $116,639,000, with an estimated Federal cost of
$72,798,000 and an estimated non-Federal cost of $43,841,000.
On page 74, between lines 1 and 2, insert the following:
(a) Mobile Harbor, Alabama.--The undesignated paragraph under the heading ``mobile harbor, alabama'' in section 201(a) of the Water Resources Development Act of 1986 (Public 99-662; 100 Stat. 4090) is amended by striking the first semicolon and all that follows and inserting a period and the following: ``In disposing of dredged material from the 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 consisting of beneficial uses of dredged material and environmental restoration.''.
(b) San Francisco River at Clifton, Arizona.--If a favorable final report of the Chief of Engineers is issued not later than December 31, 1996, the project for flood control on the San Francisco River at Clifton, Arizona, authorized by section 101(a)(3) of the Water Resources Development Act of 1990 (Public Law 101-640; 104 Stat. 4606), is modified to authorize the Secretary to construct the project at a total cost of $21,100,000, with an estimated Federal cost of $13,800,000 and an estimated non-Federal cost of $7,300,000.
(c) Los Angeles and Long Beach Harbors, San Pedro Bay, California.--The project for navigation, Los Angeles and Long Beach Harbors, San Pedro Bay, California, authorized by section 201 of the Water Resources Development Act of 1986
(Public Law 99-662; 100 Stat. 4091), is modified to provide that, for the purpose of section 101(a)(2) of the 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.
On page 74, line 2, strike ``(a)'' and insert ``(d)''.
On page 74, line 19, strike ``(b)'' and insert ``(e)''.
On page 75, line 11, strike ``(c)'' and insert ``(f)''.
On page 76, line 1, strike ``(d)'' and insert ``(g)''.
On page 76, between lines 5 and 6, insert the following:
(h) Tybee Island, Georgia.--The Secretary shall provide periodic beach nourishment for a period of up to 50 years for the project for beach erosion control, Tybee Island, Georgia, constructed under section 201 of the Flood Control Act of 1965 (42 U.S.C. 1962d-5).
On page 76, line 6, strike ``(e)'' and insert ``(i)''.
On page 76, strike lines 13 through 24 and insert the following:March 1994, at a total cost of $34,228,000, with an estimated Federal cost of $20,905,000 and an estimated non-Federal cost of $13,323,000.
On page 77, line 1, strike ``(g)'' and insert ``(j)''.
On page 77, line 10, strike ``(h)'' and insert ``(k)''.
Beginning on page 77, strike line 20 and all that follows through page 79, line 12, and insert the following:
(l) Comite River, Louisiana.--If a favorable final report of the Chief of Engineers is issued not later than December 31, 1996, 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 (Public Law 102-580; 106 Stat. 4802), 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.
(m) Mississippi River Ship Channel, Gulf to Baton Rouge, Louisiana.--The project for navigation, Mississippi River Ship Channel, Gulf to Baton Rouge, Louisiana, authorized by the matter under the heading ``Corps of Engineers--Civil'' under the heading ``DEPARTMENT OF DEFENSE--CIVIL'' in chapter IV of title I of the Supplemental Appropriations Act, 1985
(99 Stat. 313), is modified to require the Secretary, as part of the operations and maintenance segment of the project, to assume responsibility for periodic maintenance dredging of the Chalmette Slip to a depth of minus 33 feet mean low gulf, if the Secretary determines that the project modification is economically justified, environmentally acceptable, and consistent with other Federal policies.
(n) 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 (Public Law 90-483; 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 enactment of this Act. The work shall be carried out in accordance with the local cooperation requirements for other navigation features of the project.
(o) Westwego to Harvey Canal, Louisiana.--If a favorable post authorization change report is issued not later than December 31, 1996, the project for hurricane damage prevention and flood control, Westwego to Harvey Canal, Louisiana, authorized by section 401(b) of the Water Resources Development Act of 1986 (Public Law 99-662; 100 Stat. 4128), is modified to include the Lake Cataouatche area levee as part of the project at a total cost of $14,375,000, with an estimated Federal cost of $9,344,000 and an estimated non-Federal cost of $5,031,000.
(p) Tolchester Channel, Maryland.--The project for navigation, Baltimore Harbor and Channels, Maryland, authorized by section 101 of the River and Harbor Act of 1958
(Public Law 85-500; 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 before December 31, 1996, it is determined to be feasible and necessary for safe and efficient navigation, to implement the straightening as part of project maintenance.
(q) Stillwater, Minnesota.--Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare a design memorandum for the project authorized by section 363 of the Water Resources Development Act of 1992 (Public Law 102-580; 106 Stat. 4861). The design memorandum shall include an evaluation of the Federal interest in construction of that part of the project that includes the secondary flood wall, but shall not include an evaluation of the reconstruction and extension of the levee system for which construction is scheduled to commence in 1996. If the Secretary determines that there is such a Federal interest, the Secretary shall construct the secondary flood wall, or the most feasible alternative, at a total project cost of not to exceed
$11,600,000. The Federal share of the cost shall be 75 percent.
On page 79, line 13, strike ``(k)'' and insert ``(r)''.
On page 79, between lines 21 and 22, insert the following:
(s) 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 (Public Law 102-580; 106 Stat. 4803), is modified to provide that the Secretary shall reimburse the non-Federal sponsors (or other appropriate non-Federal interests) for the Federal share of any costs that the non-Federal sponsors (or other appropriate non-Federal interests) incur in carrying out the project consistent with the project cooperation agreement entered into with respect to the project.
(t) Newark, New Jersey.--The project for flood control, Passaic River Main Stem, New Jersey and New York, authorized by paragraph (18) of section 101(a) of the Water Resources Development Act of 1990 (Public Law 101-640; 104 Stat. 4607)
(as amended by section 102(p) of the Water Resources Development Act of 1992 (Public Law 102-580; 106 Stat. 4807)), is modified to separate the project element described in subparagraph (B) of the paragraph. The project element shall be considered to be a separate project and shall be carried out in accordance with the subparagraph.
(u) Acequias Irrigation System, New Mexico.--The second sentence of section 1113(b) of the Water Resources Development Act of 1986 (Public Law 99-662; 100 Stat. 4232) is amended by inserting before the period at the end the following: ``, except that the Federal share of scoping and reconnaissance work carried out by the Secretary under this section shall be 100 percent''.
On page 79, line 22, strike ``(l)'' and insert ``(v)''.
On page 80, between lines 8 and 9, insert the following:
(w) Broken Bow Lake, Red River Basin, Oklahoma.--The project for flood control and water supply, Broken Bow Lake, Red River Basin, Oklahoma, authorized by section 203 of the Flood Control Act of 1958 (Public Law 85-500; 72 Stat. 309) and modified by section 203 of the Flood Control Act of 1962
(Public Law 87-874; 76 Stat. 1187) and section 102(v) of the Water Resources Development Act of 1992 (Public Law 102-580; 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.
(x) Columbia River Dredging, Oregon and Washington.--The project for navigation, Lower Willamette and Columbia Rivers below Vancouver, Washington and Portland, Oregon, authorized by the first section of the Act entitled ``An Act making appropriations for the construction, repair, preservation, and completion of certain public works on rivers and harbors, and for other purposes'', approved June 18, 1878 (20 Stat. 157), is modified to direct the Secretary--
(1) to conduct channel simulation and to carry out improvements to the deep draft channel between the mouth of the river and river mile 34, at a cost not to exceed
$2,400,000; and
(2) to conduct overdepth and advance maintenance dredging that is necessary to maintain authorized channel dimensions.
(y) Grays Landing, Lock and Dam 7, Monongahela River, Pennsylvania.--The project for navigation, Lock and Dam 7 Replacement, Monongahela River, Pennsylvania, authorized by section 301(a) of the Water Resources Development Act of 1986
(Public Law 99-662; 100 Stat. 4110), is modified to authorize the Secretary to carry out the project in accordance with the post authorization change report for the project dated September 1, 1995, at a total Federal cost of $181,000,000.
On page 80, line 9, strike ``(m)'' and insert ``(z)''.
On page 80, between lines 18 and 19, insert the following:
(aa) Wyoming Valley, Pennsylvania.--The project for flood control, Wyoming Valley, Pennsylvania, authorized by section 401(a) of the Water Resources Development Act of 1986 (Public Law 99-662; 100 Stat. 4124), is modified to authorize the Secretary--
(1) to include as part of the construction of the project mechanical and electrical upgrades to stormwater pumping stations in the Wyoming Valley; and
(2) to carry out mitigation measures that the Secretary is otherwise authorized to carry out but that the general design memorandum for phase II of the project, as approved by the Assistant Secretary of the Army having responsibility for civil works on February 15, 1996, provides will be carried out for credit by the non-Federal interest with respect to the project.
On page 80, line 19, strike ``(n)'' and insert ``(bb)''.
Beginning on page 81, strike line 3 and all that follows through page 82, line 15, and insert the following:
(cc) India Point Railroad Bridge, Seekonk River, Providence, Rhode Island.--The first sentence of section 1166(c) of the Water Resources Development Act of 1986
(Public Law 99-662; 100 Stat. 4258) is amended--
(1) by striking ``$500,000'' and inserting ``$1,300,000''; and
(2) by striking ``$250,000'' each place it appears and inserting ``$650,000''.
(dd) Corpus Christi Ship Channel, Corpus Christi, Texas.--The project for navigation, Corpus Christi Ship Channel, Corpus Christi, Texas, authorized by the first 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 September 22, 1922 (42 Stat. 1039), is modified to include the Rincon Canal system as a part of the Federal project that shall be maintained at a depth of 12 feet, if the Secretary determines that the project modification is economically justified, environmentally acceptable, and consistent with other Federal policies.
(ee) Dallas Floodway Extension, Dallas, Texas.--The flood protection works constructed by the non-Federal interest along the Trinity River in Dallas, Texas, for Rochester Park and the Central Wastewater Treatment Plant shall be included as a part of the plan implemented for the Dallas Floodway Extension component of the Trinity River, Texas, project authorized by section 301 of the River and Harbor Act of 1965
(Public Law 89-298; 79 Stat. 1091). The cost of the works shall be credited toward the non-Federal share of project costs without regard to further economic analysis of the works.
On page 82, line 16, strike ``(q)'' and insert ``(ff)''.
On page 83, line 1, strike ``(r)'' and insert ``(gg)''.
On page 83, line 9, strike ``$12,370,000'' and insert
``$12,870,000''.
On page 83, line 10, strike ``$8,220,000'' and insert
``$8,580,000''.
On page 83, line 11, strike ``$4,150,000'' and insert
``$4,290,000''.
On page 83, line 12, strike ``(s)'' and insert ``(hh)''.
Beginning on page 83, strike line 21 and all that follows through page 84, line 4, and insert the following:
(ii) Haysi Dam, Virginia and Kentucky.--
(1) In general.--The Secretary shall construct the Haysi Dam feature of the project authorized by section 202 of the Energy and Water Development Appropriation Act, 1981 (Public Law 96-367; 94 Stat. 1339), substantially in accordance with Plan A as set forth in the preliminary draft general plan supplement report of the Huntington District Engineer for the Levisa Fork Basin, Virginia and Kentucky, dated May 1995.
(2) Recreational component.--The non-Federal interest shall be responsible for not more than 50 percent of the costs associated with the construction and implementation of the recreational component of the Haysi Dam feature.
(3) Operation and maintenance.--
(A) In general.--Subject to subparagraph (B), operation and maintenance of the Haysi Dam feature shall be carried out by the Secretary.
(B) Payment of costs.--The non-Federal interest shall be responsible for 100 percent of all costs associated with the operation and maintenance.
(4) Ability to pay.--Notwithstanding any other provision of law, the Secretary shall apply section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)) to the construction of the Haysi Dam feature in the same manner as section 103(m) of the Act is applied to other projects or project features constructed under section 202 of the Energy and Water Development Appropriation Act, 1981 (Public Law 96-367; 94 Stat. 1339).
On page 84, line 5, strike ``(u)'' and insert ``(jj)''.
On page 84, line 13, strike ``(v)'' and insert ``(kk)''.
On page 84, line 20, strike ``perform'' and insert
``provide''.
On page 85, between lines 1 and 2, insert the following:
(a) Branford Harbor, Connecticut.--
(1) In general.--The 2,267 square foot portion of the project for navigation in the Branford River, Branford Harbor, Connecticut, authorized by the Act entitled ``An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes'', approved June 13, 1902 (32 Stat. 333), lying shoreward of a line described in paragraph (2), is deauthorized.
(2) Description of line.--The line referred to in paragraph
(1) is described as follows: beginning at a point on the authorized Federal navigation channel line the coordinates of which are N156,181.32, E581,572.38, running thence south 70 degrees, 11 minutes, 8 seconds west a distance of 171.58 feet to another point on the authorized Federal navigation channel line the coordinates of which are N156,123.16, E581,410.96.
On page 85, line 2, strike ``(a)'' and insert ``(b)''.
On page 85, line 21, strike ``(b)'' and insert ``(c)''.
On page 86, line 24, strike ``(c)'' and insert ``(d)''.
On page 89, line 1, strike ``(d)'' and insert ``(e)''.
On page 90, between lines 3 and 4, insert the following:
(f) Stony Creek, Connecticut.--The following portion of the project for navigation, Stony Creek, Connecticut, authorized under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), located in the 6-foot deep maneuvering basin, is deauthorized: beginning at coordinates N157,031.91, E599,030.79, thence running northeasterly about 221.16 feet to coordinates N157,191.06, E599,184.37, thence running northerly about 162.60 feet to coordinates N157,353.56, E599,189.99, thence running southwesterly about 358.90 feet to the point of beginning.
(g) Thames River, Connecticut.--
(1) Modification.--The project for navigation, Thames River, Connecticut, authorized by the first 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.
(2) Payment for initial dredging.--Any required initial dredging of the widened portions identified in paragraph (1) shall be carried out at no cost to the Federal Government.
(3) Deauthorization.--The portions of the turning basin that are not included in the reconfigured turning basin described in paragraph (1) are deauthorized.
On page 90, line 4, strike ``(e)'' and insert ``(h)''.
On page 91, line 10, strike ``(f)'' and insert ``(i)''.
On page 92, between lines 6 and 7, insert the following:
(j) Cohasset Harbor, Massachusetts.--The following portions of the project for navigation, Cohasset Harbor, Massachusetts, authorized by section 2 of the Act entitled
``An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes'', approved March 2, 1945 (59 Stat. 12), or carried out pursuant to section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), are deauthorized: a 7-foot deep anchorage and a 6-foot deep anchorage; beginning at site 1, beginning at a point N453510.15, E792664.63, thence running south 53 degrees 07 minutes 05.4 seconds west 307.00 feet to a point N453325.90, E792419.07, thence running north 57 degrees 56 minutes 36.8 seconds west 201.00 feet to a point N453432.58, E792248.72, thence running south 88 degrees 57 minutes 25.6 seconds west 50.00 feet to a point N453431.67, E792198.73, thence running north 01 degree 02 minutes 52.3 seconds west 66.71 feet to a point N453498.37, E792197.51, thence running north 69 degrees 12 minutes 52.3 seconds east 332.32 feet to a point N453616.30, E792508.20, thence running south 55 degrees 50 minutes 24.1 seconds east 189.05 feet to point of origin; then site 2, beginning at a point, N452886.64, E791287.83, thence running south 00 degrees 00 minutes 00.0 seconds west 56.04 feet to a point, N452830.60, E791287.83, thence running north 90 degrees 00 minutes 00.0 seconds west 101.92 feet to a point, N452830.60, E791185.91, thence running north 52 degrees 12 minutes 49.7 seconds east 89.42 feet to a point, N452885.39, E791256.58, thence running north 87 degrees 42 minutes 33.8 seconds east 31.28 feet to point of origin; and site 3, beginning at a point, N452261.08, E792040.24, thence running north 89 degrees 07 minutes 19.5 seconds east 118.78 feet to a point, N452262.90, E792159.01, thence running south 43 degrees 39 minutes 06.8 seconds west 40.27 feet to a point, N452233.76, E792131.21, thence running north 74 degrees 33 minutes 29.1 seconds west 94.42 feet to a point, N452258.90, E792040.20, thence running north 01 degree 03 minutes 04.3 seconds east 2.18 feet to point of origin.
On page 92, line 7, strike ``(g)'' and insert ``(k)''.
On page 92, between lines 14 and 15, insert the following:
(l) Cocheco River, New Hampshire.--
(1) In general.--The portion of the project for navigation, Cocheco River, New Hampshire, authorized by the first section of the Act entitled ``An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes'', approved September 19, 1890 (26 Stat. 436), and consisting of a 7-foot deep channel that lies northerly of a line the coordinates of which are N255292.31, E713095.36, and N255334.51, E713138.01, is deauthorized.
(2) Maintenance dredging.--Not later than 18 months after the date of enactment of this Act, the Secretary shall perform maintenance dredging for the remaining authorized portions of the Federal navigation channel under the project described in paragraph (1) to restore authorized channel dimensions.
(m) Morristown Harbor, New York.--The portion of the project for navigation, Morristown Harbor, New York, authorized by the first section of the Act entitled ``An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes'', approved January 21, 1927 (44 Stat. 1014), that lies north of the northern boundary of Morris Street extended is deauthorized.
On page 92, line 15, strike ``(h)'' and insert ``(n)''.
Beginning on page 92, strike line 21 and all that follows through page 95, line 2, and insert the following:
(o) Apponaug Cove, Rhode Island.--The following portion of the project for navigation, Apponaug Cove, Rhode Island, authorized by section 101 of the River and Harbor Act of 1960
(Public Law 86-645; 74 Stat. 480), consisting of the 6-foot deep channel, is deauthorized: beginning at a point, N223269.93, E513089.12, thence running northwesterly to a point N223348.31, E512799.54, thence running southwesterly to a point N223251.78, E512773.41, thence running southeasterly to a point N223178.00, E513046.00, thence running northeasterly to the point of beginning.
(p) Kickapoo River, Wisconsin.--
(1) Project modification.--The project for flood control and allied purposes, Kickapoo River, Wisconsin, authorized by section 203 of the Flood Control Act of 1962 (Public Law 87-874; 76 Stat. 1190), as modified by section 814 of the Water Resources Development Act of 1986 (Public Law 99-662; 100 Stat. 4169), is further modified as provided by this subsection.
(2) Transfers of property.--
(A) Transfer to state of wisconsin.--Subject to the requirements of this paragraph, the Secretary shall transfer to the State of Wisconsin, without consideration, all right, title, and interest of the United States in and to the lands described in subparagraph (E), including all works, structures, and other improvements to the lands, but excluding lands transferred under subparagraph (B).
(B) Transfer to secretary of the interior.--Subject to the requirements of this paragraph, on the date of the transfer under subparagraph (A), the Secretary shall transfer to the Secretary of the Interior, without consideration, all right, title, and interest of the United States in and to lands that are culturally and religiously significant sites of the Ho-Chunk Nation (a federally recognized Indian tribe) and are located within the lands described in subparagraph (E). The lands shall be described in accordance with subparagraph
(C)(ii)(I) and may not exceed a total of 1,200 acres.
(C) Terms and conditions.--
(i) In general.--The Secretary shall make the transfers under subparagraphs (A) and (B) only if--
(I) the State of Wisconsin enters into a written agreement with the Secretary to hold the United States harmless from all claims arising from or through the operation of lands and improvements subject to the transfer under subparagraph (A); and
(II) on or before October 30, 1997, the State of Wisconsin enters into and submits to the Secretary a memorandum of understanding, as specified in clause (ii), with the tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) of the Ho-Chunk Nation.
(ii) Memorandum of understanding.--The memorandum of understanding referred to in clause (i)(II) shall contain, at a minimum, the following:
(I) A description of sites and associated lands to be transferred to the Secretary of the Interior under subparagraph (B).
(II) An agreement specifying that the lands transferred under subparagraphs (A) and (B) shall be preserved in a natural state and developed only to the extent necessary to enhance outdoor recreational and educational opportunities.
(III) An agreement specifying the terms and conditions of a plan for the management of the lands to be transferred under subparagraphs (A) and (B).
(IV) A provision requiring a review of the plan referred to in subclause (III) to be conducted every 10 years under which the State of Wisconsin, acting through the Kickapoo Valley Governing Board, and the Ho-Chunk Nation may agree to revisions of the plan in order to address changed circumstances on the lands transferred under subparagraphs
(A) and (B). The provision may include a plan for the transfer to the Secretary of the Interior of any additional site discovered to be culturally and religiously significant to the Ho-Chunk Nation.
(V) An agreement preventing or limiting the public disclosure of the location or existence of each site of particular cultural or religious significance to the Ho-Chunk Nation, if public disclosure would jeopardize the cultural or religious integrity of the site.
(D) Administration of lands.--The lands transferred to the Secretary of the Interior under subparagraph (B), and any lands transferred to the Secretary of the Interior under the memorandum of understanding entered into under subparagraph
(C), or under any revision of the memorandum of understanding agreed to under subparagraph (C)(ii)(IV), shall be held in trust by the United States for, and added to and administered as part of the reservation of, the Ho-Chunk Nation.
(E) Land description.--The lands referred to in subparagraphs (A) and (B) are the approximately 8,569 acres of land associated with the LaFarge Dam and Lake portion of the project referred to in paragraph (1) in Vernon County, Wisconsin, in the following sections:
(i) Section 31, Township 14 North, Range 1 West of the 4th Principal Meridian.
(ii) Sections 2 through 11, and 16, 17, 20, and 21, Township 13 North, Range 2 West of the 4th Principal Meridian.
(iii) Sections 15, 16, 21 through 24, 26, 27, 31, and 33 through 36, Township 14 North, Range 2 West of the 4th Principal Meridian.
(3) Transfer of flowage easements.--The Secretary shall transfer to the owner of the servient estate, without consideration, all right, title, and interest of the United States in and to each flowage easement acquired as part of the project referred to in paragraph (1) within Township 14 North, Range 2 West of the 4th Principal Meridian, Vernon County, Wisconsin.
(4) Deauthorization.--The LaFarge Dam and Lake portion of the project referred to in paragraph (1) is not authorized after the date of the transfers under paragraph (2).
(5) Interim management and maintenance.--The Secretary shall continue to manage and maintain the LaFarge Dam and Lake portion of the project referred to in paragraph (1) until the date of the transfers under paragraph (2).
On page 95, between lines 3 and 4, insert the following:
(a) Red River, Arkansas.--The Secretary shall--
(1) conduct a study to determine the feasibility of carrying out a project to permit navigation on the Red River in southwest Arkansas; and
(2) in conducting the study, analyze regional economic benefits that were not included in the limited economic analysis contained in the reconnaissance report for the project dated November 1995.
On page 95, line 4, strike ``(a)'' and insert ``(b)''.
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On page 101, between lines 4 and 5, insert the following:
(t) Willamette River, Oregon.--The Secretary shall conduct a study to determine the Federal interest in carrying out a nonstructural flood control project along the Willamette River, Oregon, for the purposes of floodplain and ecosystem restoration.
(u) Lackawanna River at Scranton, Pennsylvania.--Not later than 90 days after the date of enactment of this Act, the Secretary shall--
(1) review the report entitled ``Report of the Chief of Engineers: Lackawanna River at Scranton, Pennsylvania'', dated June 29, 1992, to determine whether changed conditions in the Diamond Plot and Green Ridge sections, Scranton, Pennsylvania, would result in an economically justified flood damage reduction project at those locations; and
(2) submit to Congress a report on the results of the review.
(v) Charleston, South Carolina.--The Secretary shall conduct a study of the Charleston, South Carolina, estuary area located in Charleston, Berkeley, and Dorchester Counties, South Carolina, for the purpose of evaluating environmental conditions in the tidal reaches of the Ashley, Cooper, Stono, and Wando Rivers and the lower portions of Charleston Harbor.
On page 101, line 5, strike ``(s)'' and insert ``(w)''.
On page 101, line 6, strike ``The'' and insert ``Not later than 2 years after the date of enactment of this Act, the''.
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On page 102, between lines 5 and 6, insert the following:
(3) use other non-Federal engineering analyses and related studies in determining the feasibility of sediment removal and control as described in paragraph (1); and
(4) credit the costs of the non-Federal engineering analyses and studies referred to in paragraphs (2) and (3) toward the non-Federal share of the feasibility study conducted under paragraph (1).
(x) Mustang Island, Corpus Christi, Texas.--The Secretary shall conduct a study of navigation along the south-central coast of Texas near Corpus Christi for the purpose of determining the feasibility of constructing and maintaining the Packery Channel on the southern portion of Mustang Island.
On page 102, line 6, strike ``(t)'' and insert ``(y)''.
On page 102, between lines 8 and 9, insert the following:
(z) Prince William County, Virginia.--The Secretary shall conduct a study of flooding, erosion, and other water resource problems in Prince William County, Virginia, including an assessment of the wetland protection, erosion control, and flood damage reduction needs of the county.
(aa) Pacific Region.--The Secretary shall conduct studies in the interest of navigation in the part of the Pacific Region that includes American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. For the purpose of this subsection, the cost-sharing requirements of section 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2215) shall apply.
(bb) Morganza, Louisiana to the Gulf of Mexico.--
(1) Study.--The Secretary shall conduct a study of the environmental, flood control and navigational impacts associated with the construction of a lock structure in the Houma Navigation Canal as an independent feature of the overall flood damage prevention study currently being conducted under the Morganza, Louisiana to the Gulf of Mexico feasibility study. In preparing such study, the Secretary shall consult the South Terreboone Tidewater Management and Conservation District and consider the District's Preliminary Design Document, dated February 1994. Further, the Secretary shall evaluate the findings of the Coastal Wetlands Planning, Protection and Restoration Federal Task Force, as authorized by P.L. 101-646, relating to the lock structure.
(2) Report.--The Secretary shall transmit to Congress a report on the results of the study conducted under subsection
(a), together with recommendations on immediate implementation not later than 6 months after the enactment of this Act.
On page 102, between lines 10 and 11, insert the following:
SEC. 201. GRAND PRAIRIE REGION AND BAYOU METO BASIN,
ARKANSAS.
The project for flood control and water supply, Grand Prairie Region and Bayou Meto Basin, Arkansas, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 174) and deauthorized under section 1001(b)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(1)), is authorized to be carried out by the Secretary if, not later than 1 year after the date of enactment of this Act, the Secretary submits a report to Congress that--
(1) describes necessary modifications to the project that are consistent with the functions of the Army Corps of Engineers; and
(2) contains recommendations concerning which Federal agencies (such as the Natural Resources Conservation Service, the United States Fish and Wildlife Service, the Bureau of Reclamation, and the United States Geological Survey) are most appropriate to have responsibility for carrying out the project.
On page 102, line 11, strike ``201'' and insert ``202''.
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On page 103, line 22, strike ``204'' and insert ``205''.
On page 104, line 8, strike ``$121,000,000'' and insert
``$156,000,000''.
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On page 105, between lines 18 and 19, insert the following:
SEC. 207. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.
(a) Definitions.--In this section:
(1) Develop.--The term ``develop'' means any preconstruction or land acquisition planning activity.
(2) South florida ecosystem.--The term ``South Florida ecosystem'' means the Florida Everglades restoration area that includes lands and waters within the boundary of the South Florida Water Management District, the Florida Keys, and the near-shore coastal waters of South Florida.
(3) Task force.--The term ``Task Force'' means the South Florida Ecosystem Restoration Task Force established by subsection (c).
(b) South Florida Ecosystem Restoration.--
(1) Modifications to central and southern florida project.--
(A) Development.--The Secretary shall, if necessary, develop modifications to the project for Central and Southern Florida, authorized by section 203 of the Flood Control Act of 1948 (62 Stat. 1176), to restore, preserve, and protect the South Florida ecosystem and to provide for the water-related needs of the region.
(B) Conceptual plan.--
(i) In general.--The modifications under subparagraph (A) shall be set forth in a conceptual plan prepared in accordance with clause (ii) and adopted by the Task Force
(referred to in this section as the ``conceptual plan'').
(ii) Basis for conceptual plan.--The conceptual plan shall be based on the recommendations specified in the draft report entitled ``Conceptual Plan for the Central and Southern Florida Project Restudy'', published by the Governor's Commission for a Sustainable South Florida and dated June 4, 1996.
(C) Integration of other activities.--Restoration, preservation, and protection of the South Florida ecosystem shall include a comprehensive science-based approach that integrates ongoing Federal and State efforts, including--
(i) the project for the ecosystem restoration of the Kissimmee River, Florida, authorized by section 101 of the Water Resources Development Act of 1992 (Public Law 102-580; 106 Stat. 4802);
(ii) the project for flood protection, West Palm Beach Canal, Florida (canal C-51), authorized by section 203 of the Flood Control Act of 1962 (Public Law 87-874; 76 Stat. 1183), as modified by section 205 of this Act;
(iii) the project for modifications to improve water deliveries into Everglades National Park authorized by section 104 of the Everglades National Park Protection and Expansion Act of 1989 (16 U.S.C. 410r-8);
(iv) the project for Central and Southern Florida authorized by section 203 of the Flood Control Act of 1968
(Public Law 90-483; 82 Stat. 740), as modified by section 204 of this Act;
(v) activities under the Florida Keys National Marine Sanctuary and Protection Act (Public Law 101-65; 16 U.S.C. 1433 note); and
(vi) the Everglades construction project implemented by the State of Florida under the Everglades Forever Act of the State of Florida.
(2) Improvement of water management for ecosystem restoration.--The improvement of water management, including improvement of water quality for ecosystem restoration, preservation, and protection, shall be an authorized purpose of the Central and Southern Florida project referred to in paragraph (1)(A). Project features necessary to improve water management, including features necessary to provide water to restore, protect, and preserve the South Florida ecosystem, shall be included in any modifications to be developed for the project under paragraph (1).
(3) Support projects.--The Secretary may develop support projects and other facilities necessary to promote an adaptive management approach to implement the modifications authorized to be developed by paragraphs (1) and (2).
(4) Interim implementation reports.--
(A) In general.--Before the Secretary implements a component of the conceptual plan, including a support project or other facility under paragraph (3), the Jacksonville District Engineer shall submit an interim implementation report to the Task Force for review.
(B) Contents.--Each interim implementation report shall document the costs, benefits, impacts, technical feasibility, and cost- effectiveness of the component and, as appropriate, shall include documentation of environmental effects prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(C) Endorsement by task force.--
(i) In general.--If the Task Force endorses the interim implementation report of the Jacksonville District Engineer for a component, the Secretary shall submit the report to Congress.
(ii) Coordination requirements.--Endorsement by the Task Force shall be deemed to fulfill the coordination requirements under the first section 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 (33 U.S.C. 701-1).
(5) Authorization.--
(A) In general.--The Secretary shall not initiate construction of a component until such time as a law is enacted authorizing construction of the component.
(B) Design.--The Secretary may continue to carry out detailed design of a component after the date of submission to Congress of the interim implementation report recommending the component.
(6) Cost sharing.--
(A) In general.--Except as provided in subparagraph (B), the Federal share of the costs of preparing interim implementation reports under paragraph (4) and implementing the modifications (including the support projects and other facilities) authorized to be developed by this subsection shall be 50 percent.
(B) Water quality features.--
(i) In general.--Subject to clause (ii), the non-Federal share of the cost of project features necessary to improve water quality under paragraph (2) shall be 100 percent.
(ii) Critical features.--If the Task Force determines, by resolution accompanying endorsement of an interim implementation report under paragraph (4), that the project features described in clause (i) are critical to ecosystem restoration, the Federal share of the cost of the features shall be 50 percent.
(C) Reimbursement.--The Secretary shall reimburse the non-Federal interests for the Federal share of any reasonable costs that the non-Federal interests incur in acquiring land for any component authorized by law under paragraph (5) if the land acquisition has been endorsed by the Task Force and supported by the Secretary.
(c) South Florida Ecosystem Restoration Task Force.--
(1) Establishment and membership.--There is established the South Florida Ecosystem Restoration Task Force, which shall consist of the following members (or, in the case of the head of a Federal agency, a designee at the level of assistant secretary or an equivalent level):
(A) The Secretary of the Interior, who shall serve as chairperson of the Task Force.
(B) The Secretary of Commerce.
(C) The Secretary.
(D) The Attorney General.
(E) The Administrator of the Environmental Protection Agency.
(F) The Secretary of Agriculture.
(G) The Secretary of Transportation.
(H) 1 representative of the Miccosukee Tribe of Indians of Florida, to be appointed by the Secretary of the Interior from recommendations submitted by the tribal chairman.
(I) 1 representative of the Seminole Tribe of Indians of Florida, to be appointed by the Secretary of the Interior from recommendations submitted by the tribal chairman.
(J) 3 representatives of the State of Florida, to be appointed by the Secretary of the Interior from recommendations submitted by the Governor of the State of Florida.
(K) 2 representatives of the South Florida Water Management District, to be appointed by the Secretary of the Interior from recommendations submitted by the Governor of the State of Florida.
(L) 2 representatives of local governments in the South Florida ecosystem, to be appointed by the Secretary of the Interior from recommendations submitted by the Governor of the State of Florida.
(2) Duties.--
(A) In general.--The Task Force shall--
(i)(I) coordinate the development of consistent policies, strategies, plans, programs, and priorities for addressing the restoration, protection, and preservation of the South Florida ecosystem; and
(II) develop a strategy and priorities for implementing the components of the conceptual plan;
(ii) review programs, projects, and activities of agencies and entities represented on the Task Force to promote the objectives of ecosystem restoration and maintenance;
(iii) refine and provide guidance concerning the implementation of the conceptual plan;
(iv)(I) periodically review the conceptual plan in light of current conditions and new information and make appropriate modifications to the conceptual plan; and
(II) submit to Congress a report on each modification to the conceptual plan under subclause (I);
(v) establish a Florida-based working group, which shall include representatives of the agencies and entities represented on the Task Force and other entities as appropriate, for the purpose of recommending policies, strategies, plans, programs, and priorities to the Task Force;
(vi) prepare an annual cross-cut budget of the funds proposed to be expended by the agencies, tribes, and governments represented on the Task Force on the restoration, preservation, and protection of the South Florida ecosystem; and
(vii) submit a biennial report to Congress that summarizes the activities of the Task Force and the projects, policies, strategies, plans, programs, and priorities planned, developed, or implemented for restoration of the South Florida ecosystem and progress made toward the restoration.
(B) Authority to establish advisory subcommittees.--The Task Force and the working group established under subparagraph (A)(v) may establish such other advisory subcommittees as are necessary to assist the Task Force in carrying out its duties, including duties relating to public policy and scientific issues.
(3) Decisionmaking.--Each decision of the Task Force shall be made by majority vote of the members of the Task Force.
(4) Application of the federal advisory committee act.--
(A) Charter; termination.--The Task Force shall not be subject to sections 9(c) and 14 of the Federal Advisory Committee Act (5 U.S.C. App.).
(B) Notice of meetings.--The Task Force shall be subject to section 10(a)(2) of the Act, except that the chairperson of the Task Force is authorized to use a means other than publication in the Federal Register to provide notice of a public meeting and provide an equivalent form of public notice.
(5) Compensation.--A member of the Task Force shall receive no compensation for the service of the member on the Task Force.
(6) Travel expenses.--Travel expenses incurred by a member of the Task Force in the performance of services for the Task Force shall be paid by the agency, tribe, or government that the member represents.
SEC. 208. ARKANSAS CITY AND WINFIELD, KANSAS.
Notwithstanding any other provision of law, for the purpose of commencing construction of the project for flood control, Arkansas City, Kansas, authorized by section 401(a) of the Water Resources Development Act of 1986 (Public Law 99-662; 100 Stat. 4116), and the project for flood control, Winfield, Kansas, authorized by section 204 of the Flood Control Act of 1965 (Public Law 89-298; 79 Stat. 1078), the project cooperation agreements for the projects, as submitted by the District Office of the Army Corps of Engineers, Tulsa, Oklahoma, shall be deemed to be approved by the Assistant Secretary of the Army having responsibility for civil works and the Tulsa District Commander as of September 30, 1996, if the approvals have not been granted by that date.
SEC. 209. MISSISSIPPI RIVER-GULF OUTLET, LOUISIANA.
Section 844 of the Water Resources Development Act of 1986
(Public Law 99-662; 100 Stat. 4177) is amended by adding at the end the following:
``(c) Community Impact Mitigation Plan.--Using funds made available under subsection (a), the Secretary shall implement a comprehensive community impact mitigation plan, as described in the evaluation report of the New Orleans District Engineer dated August 1995, that, to the maximum extent practicable, provides for mitigation or compensation, or both, for the direct and indirect social and cultural impacts that the project described in subsection (a) will have on the affected areas referred to in subsection (b).''.
SEC. 210. COLDWATER RIVER WATERSHED, MISSISSIPPI.
Not later than 90 days after the date of enactment of this Act, the Secretary shall initiate all remaining work associated with the Coldwater River Watershed Demonstration Erosion Control Project, as authorized by Public Law 98-8 (97 Stat. 13).
On page 105, line 19, strike ``206'' and insert ``211''.
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On page 106, between lines 14 and 15, insert the following:
SEC. 213. YALOBUSHA RIVER WATERSHED, MISSISSIPPI.
The project for flood control at Grenada Lake, Mississippi, shall be extended to include the Yalobusha River Watershed
(including the Toposhaw Creek), at a total cost of not to exceed $3,800,000. The Federal share of the cost of flood control on the extended project shall be 75 percent.
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SEC. 218. QUEENS COUNTY, NEW YORK.
(a) Description of Nonnavigable Area.--Subject to subsections (b) and (c), the area of Long Island City, Queens County, New York, that--
(1) is not submerged;
(2) lies between the southerly high water line (as of the date of enactment of this Act) of Anable Basin (also known as the ``11th Street Basin'') and the northerly high water line
(as of the date of enactment of this Act) of Newtown Creek; and
(3) extends from the high water line (as of the date of enactment of this Act) of the East River to the original high water line of the East River;
is declared to be nonnavigable waters of the United States.
(b) Requirement That Area Be Improved.--
(1) In general.--The declaration of nonnavigability under subsection (a) shall apply only to those portions of the area described in subsection (a) that are, or will be, bulkheaded, filled, or otherwise occupied by permanent structures or other permanent physical improvements (including parkland).
(2) Applicability of federal law.--Improvements described in paragraph (1) shall be subject to applicable Federal laws, including--
(A) sections 9 and 10 of the Act entitled ``An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes'', approved March 3, 1899 (33 U.S.C. 401 and 403);
(B) section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344); and
(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c) Expiration Date.--The declaration of nonnavigability under subsection (a) shall expire with respect to a portion of the area described in subsection (a), if the portion--
(1) is not bulkheaded, filled, or otherwise occupied by a permanent structure or other permanent physical improvement
(including parkland) in accordance with subsection (b) by the date that is 20 years after the date of enactment of this Act; or
(2) requires an improvement described in subsection (b)(2) that is subject to a permit under an applicable Federal law, and the improvement is not commenced by the date that is 5 years after the date of issuance of the permit.
SEC. 219. BUFORD TRENTON IRRIGATION DISTRICT, NORTH DAKOTA
AND MONTANA.
(a) Acquisition of Easements.--
(1) In general.--The Secretary shall 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.--The 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 the 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.--Notwithstanding any other law, 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, to remain available until expended.
SEC. 220. JAMESTOWN DAM AND PIPESTEM DAM, NORTH DAKOTA.
(a) Revisions to Water Control Manuals.--In consultation with the State of South Dakota and the James River Water Development District, the Secretary shall review and consider revisions to the water control manuals for the Jamestown Dam and Pipestem Dam, North Dakota, to modify operation of the dams so as to reduce the magnitude and duration of flooding and inundation of land located within the 10-year floodplain along the James River in South Dakota.
(b) Feasibility Study.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall--
(A) complete a study to determine the feasibility of providing flood protection for the land referred to in subsection (a); and
(B) submit a report on the study to Congress.
(2) Considerations.--In carrying out paragraph (1), the Secretary shall consider all reasonable project-related and other options.
On page 110, line 1, strike ``213'' and insert ``221''.
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On page 111, line 1, strike ``215'' and insert ``223''.
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On page 113, strike lines 6 and 7 and insert the following:
SEC. 227. VIRGINIA BEACH, VIRGINIA.
(a) Adjustment of Non-Federal Share.--Notwithstanding any other provision of law, the non-Federal share
On page 113, between lines 19 and 20, insert the following:
(b) Extension of Federal Participation.--
(1) In general.--In accordance with section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d-5f), the Secretary shall extend Federal participation in the periodic nourishment of Virginia Beach as authorized by section 101 of the River and Harbor Act of 1954 (68 Stat. 1254) and modified by section 101 of the River and Harbor Act of 1962 (Public Law 87-874; 76 Stat. 1177).
(2) Duration.--Federal participation under paragraph (1) shall extend until the earlier of--
(A) the end of the 50-year period provided for in section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d-5f); and
(B) the completion of the project for beach erosion control and hurricane protection, Virginia Beach, Virginia, as modified by section 102(cc) of the Water Resources Development Act of 1992 (Public Law 102-580; 106 Stat. 4810).
On page 115, strike lines 21 through 25 and insert the following:
SEC. 303. NATIONAL DAM SAFETY PROGRAM.
(a) Findings.--Congress finds that--
(1)(A) dams are an essential part of the national infrastructure;
(B) dams fail from time to time with catastrophic results; and
(C) dam safety is a vital public concern;
(2) dam failures have caused, and may cause in the future, loss of life, injury, destruction of property, and economic and social disruption;
(3)(A) some dams are at or near the end of their structural, useful, or operational life; and
(B) the loss, destruction, and disruption resulting from dam failures can be substantially reduced through the development and implementation of dam safety hazard reduction measures, including--
(i) improved design and construction standards and practices supported by a national dam performance resource bank located at Stanford University in California;
(ii) safe operation and maintenance procedures;
(iii) early warning systems;
(iv) coordinated emergency preparedness plans; and
(v) public awareness and involvement programs;
(4)(A) dam safety problems persist nationwide;
(B) while dam safety is principally a State responsibility, the diversity in Federal and State dam safety programs calls for national leadership in a cooperative effort involving the Federal Government, State governments, and the private sector; and
(C) an expertly staffed and adequately financed dam safety hazard reduction program, based on Federal, State, local, and private research, planning, decisionmaking, and contributions, would reduce the risk of the loss, destruction, and disruption resulting from dam failure by an amount far greater than the cost of the program;
(5)(A) there is a fundamental need for a national program for dam safety hazards reduction, and the need will continue; and
(B) to be effective, such a national program will require input from, and review by, Federal and non-Federal experts in--
(i) dam design, construction, operation, and maintenance; and
(ii) the practical application of dam failure hazard reduction measures;
(6) as of the date of enactment of this Act--
(A) there is no national dam safety program; and
(B) the coordinating authority for national leadership concerning dam safety is provided through the dam safety program of the Federal Emergency Management Agency established under Executive Order 12148 (50 U.S.C. App. 2251 note) in coordination with members of the Interagency Committee on Dam Safety and with States; and
(7) while the dam safety program of FEMA is a proper Federal undertaking, should continue, and should provide the foundation for a national dam safety program, statutory authority is needed--
(A) to meet increasing needs and to discharge Federal responsibilities in dam safety;
(B) to strengthen the leadership role of FEMA;
(C) to codify the national dam safety program;
(D) to authorize the Director of FEMA to communicate directly with Congress on authorizations and appropriations; and
(E) to build on the hazard reduction aspects of dam safety.
(b) Purpose.--The purpose of this section is to reduce the risks to life and property from dam failure in the United States through the establishment and maintenance of an effective national dam safety program to bring together the expertise and resources of the Federal and non-Federal communities in achieving national dam safety hazard reduction.
(c) Dam Safety Program.--Public Law 92-367 (33 U.S.C. 467 et seq.) is amended--
(1) by striking the first section and inserting the following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `National Dam Safety Program Act'.'';
(2) by striking sections 5 and 7 through 14;
(3) by redesignating sections 2, 3, 4, and 6 as sections 3, 4, 5, and 11, respectively;
(4) by inserting after section 1 (as amended by paragraph
(1)) the following:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Board.--The term `Board' means a National Dam Safety Review Board established under section 8(h).
``(2) Dam.--The term `dam'--
``(A) means any artificial barrier that has the ability to impound water, wastewater, or any liquid-borne material, for the purpose of storage or control of water, that--
``(i) is 25 feet or more in height from--
``(I) the natural bed of the stream channel or watercourse measured at the downstream toe of the barrier; or
``(II) if the barrier is not across a stream channel or watercourse, from the lowest elevation of the outside limit of the barrier;
to the maximum water storage elevation; or
``(ii) has an impounding capacity for maximum storage elevation of 50 acre-feet or more; but
``(B) does not include--
``(i) a levee; or
``(ii) a barrier described in subparagraph (A) that--
``(I) is 6 feet or less in height regardless of storage capacity; or
``(II) has a storage capacity at the maximum water storage elevation that is 15 acre-feet or less regardless of height;
unless the barrier, because of the location of the barrier or another physical characteristic of the barrier, is likely to pose a significant threat to human life or property if the barrier fails (as determined by the Director).
``(3) Director.--The term `Director' means the Director of FEMA.
``(4) Federal agency.--The term `Federal agency' means a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a dam.
``(5) Federal guidelines for dam safety.--The term `Federal Guidelines for Dam Safety' means the FEMA publication, numbered 93 and dated June 1979, that defines management practices for dam safety at all Federal agencies.
``(6) FEMA.--The term `FEMA' means the Federal Emergency Management Agency.
``(7) Hazard reduction.--The term `hazard reduction' means the reduction in the potential consequences to life and property of dam failure.
``(8) ICODS.--The term `ICODS' means the Interagency Committee on Dam Safety established by section 7.
``(9) Program.--The term `Program' means the national dam safety program established under section 8.
``(10) State.--The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.
``(11) State dam safety agency.--The term `State dam safety agency' means a State agency that has regulatory authority over the safety of non-Federal dams.
``(12) State dam safety program.--The term `State dam safety program' means a State dam safety program approved and assisted under section 8(f).
``(13) United states.--The term `United States', when used in a geographical sense, means all of the States.'';
(5) in section 3 (as redesignated by paragraph (3))--
(A) by striking ``Sec. 3. As'' and inserting the following:
``SEC. 3. INSPECTION OF DAMS.
``(a) In General.--As''; and
(B) by adding at the end the following:
``(b) State Participation.--On request of a State dam safety agency, with respect to any dam the failure of which would affect the State, the head of a Federal agency shall--
``(1) provide information to the State dam safety agency on the construction, operation, or maintenance of the dam; or
``(2) allow any official of the State dam safety agency to participate in the Federal inspection of the dam.'';
(6) in section 4 (as redesignated by paragraph (3)), by striking ``Sec. 4. As'' and inserting the following:
``SEC. 4. INVESTIGATION REPORTS TO GOVERNORS.
``As'';
(7) in section 5 (as redesignated by paragraph (3)), by striking ``Sec. 5. For'' and inserting the following:
``SEC. 5. DETERMINATION OF DANGER TO HUMAN LIFE AND PROPERTY.
``For'';
(8) by inserting after section 5 (as redesignated by paragraph (3)) the following:
``SEC. 6. NATIONAL DAM INVENTORY.
``The Secretary of the Army, acting through the Chief of Engineers, may maintain and periodically publish updated information on the inventory of dams in the United States.
``SEC. 7. INTERAGENCY COMMITTEE ON DAM SAFETY.
``(a) Establishment.--There is established an Interagency Committee on Dam Safety--
``(1) comprised of a representative of each of the Department of Agriculture, the Department of Defense, the Department of Energy, the Department of the Interior, the Department of Labor, FEMA, the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the Tennessee Valley Authority, and the United States Section of the International Boundary Commission; and
``(2) chaired by the Director.
``(b) Duties.--ICODS shall encourage the establishment and maintenance of effective Federal and State programs, policies, and guidelines intended to enhance dam safety for the protection of human life and property through--
``(1) coordination and information exchange among Federal agencies and State dam safety agencies; and
``(2) coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.
``SEC. 8. NATIONAL DAM SAFETY PROGRAM.
``(a) In General.--The Director, in consultation with ICODS and State dam safety agencies, and the Board shall establish and maintain, in accordance with this section, a coordinated national dam safety program. The Program shall--
``(1) be administered by FEMA to achieve the objectives set forth in subsection (c);
``(2) involve, to the extent appropriate, each Federal agency; and
``(3) include--
``(A) each of the components described in subsection (d);
``(B) the implementation plan described in subsection (e); and
``(C) assistance for State dam safety programs described in subsection (f).
``(b) Duties.--The Director shall--
``(1) not later than 270 days after the date of enactment of this paragraph, develop the implementation plan described in subsection (e);
``(2) not later than 300 days after the date of enactment of this paragraph, submit to the appropriate authorizing committees of Congress the implementation plan described in subsection (e); and
``(3) by regulation, not later than 360 days after the date of enactment of this paragraph--
``(A) develop and implement the Program;
``(B) establish goals, priorities, and target dates for implementation of the Program; and
``(C) to the extent feasible, provide a method for cooperation and coordination with, and assistance to, interested governmental entities in all States.
``(c) Objectives.--The objectives of the Program are to--
``(1) ensure that new and existing dams are safe through the development of technologically and economically feasible programs and procedures for national dam safety hazard reduction;
``(2) encourage acceptable engineering policies and procedures to be used for dam site investigation, design, construction, operation and maintenance, and emergency preparedness;
``(3) encourage the establishment and implementation of effective dam safety programs in each State based on State standards;
``(4) develop and encourage public awareness projects to increase public acceptance and support of State dam safety programs;
``(5) develop technical assistance materials for Federal and non-Federal dam safety programs; and
``(6) develop mechanisms with which to provide Federal technical assistance for dam safety to the non-Federal sector.
``(d) Components.--
``(1) In general.--The Program shall consist of--
``(A) a Federal element and a non-Federal element; and
``(B) leadership activity, technical assistance activity, and public awareness activity.
``(2) Elements.--
``(A) Federal.--The Federal element shall incorporate the activities and practices carried out by Federal agencies under section 7 to implement the Federal Guidelines for Dam Safety.
``(B) Non-federal.--The non-Federal element shall consist of--
``(i) the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain dams; and
``(ii) Federal activities that foster State efforts to develop and implement effective programs for the safety of dams.
``(3) Functional activities.--
``(A) Leadership.--The leadership activity shall be the responsibility of FEMA and shall be exercised by chairing ICODS to coordinate Federal efforts in cooperation with State dam safety officials.
``(B) Technical assistance.--The technical assistance activity shall consist of the transfer of knowledge and technical information among the Federal and non-Federal elements described in paragraph (2).
``(C) Public awareness.--The public awareness activity shall provide for the education of the public, including State and local officials, in the hazards of dam failure, methods of reducing the adverse consequences of dam failure, and related matters.
``(e) Implementation Plan.--The Director shall--
``(1) develop an implementation plan for the Program that shall set, through fiscal year 2001, year-by-year targets that demonstrate improvements in dam safety; and
``(2) recommend appropriate roles for Federal agencies and for State and local units of government, individuals, and private organizations in carrying out the implementation plan.
``(f) Assistance for State Dam Safety Programs.--
``(1) In general.--To encourage the establishment and maintenance of effective State programs intended to ensure dam safety, to protect human life and property, and to improve State dam safety programs, the Director shall provide assistance with amounts made available under section 12 to assist States in establishing and maintaining dam safety programs--
``(A) in accordance with the criteria specified in paragraph (2); and
``(B) in accordance with more advanced requirements and standards established by the Board and the Director with the assistance of established criteria such as the Model State Dam Safety Program published by FEMA, numbered 123 and dated April 1987, and amendments to the Model State Dam Safety Program.
``(2) Criteria.--For a State to be eligible for primary assistance under this subsection, a State dam safety program must be working toward meeting the following criteria, and for a State to be eligible for advanced assistance under this subsection, a State dam safety program must meet the following criteria and be working toward meeting the advanced requirements and standards established under paragraph
(1)(B):
``(A) Authorization.--For a State to be eligible for assistance under this subsection, a State dam safety program must be authorized by State legislation to include, at a minimum--
``(i) the authority to review and approve plans and specifications to construct, enlarge, modify, remove, and abandon dams;
``(ii) the authority to perform periodic inspections during dam construction to ensure compliance with approved plans and specifications;
``(iii) a requirement that, on completion of dam construction, State approval must be given before operation of the dam;
``(iv)(I) the authority to require or perform the inspection, at least once every 5 years, of all dams and reservoirs that would pose a significant threat to human life and property in case of failure to determine the continued safety of the dams and reservoirs; and
``(II) a procedure for more detailed and frequent safety inspections;
``(v) a requirement that all inspections be performed under the supervision of a State-registered professional engineer with related experience in dam design and construction;
``(vi) the authority to issue notices, when appropriate, to require owners of dams to perform necessary maintenance or remedial work, revise operating procedures, or take other actions, including breaching dams when necessary;
``(vii) regulations for carrying out the legislation of the State described in this subparagraph;
``(viii) provision for necessary funds--
``(I) to ensure timely repairs or other changes to, or removal of, a dam in order to protect human life and property; and
``(II) if the owner of the dam does not take action described in subclause (I), to take appropriate action as expeditiously as practicable;
``(ix) a system of emergency procedures to be used if a dam fails or if the failure of a dam is imminent; and
``(x) an identification of--
``(I) each dam the failure of which could be reasonably expected to endanger human life;
``(II) the maximum area that could be flooded if the dam failed; and
``(III) necessary public facilities that would be affected by the flooding.
``(B) Funding.--For a State to be eligible for assistance under this subsection, State appropriations must be budgeted to carry out the legislation of the State under subparagraph
(A).
``(3) Work plans.--The Director shall enter into a contract with each State receiving assistance under paragraph (2) to develop a work plan necessary for the State dam safety program of the State to reach a level of program performance specified in the contract.
``(4) Maintenance of effort.--Assistance may not be provided to a State under this subsection for a fiscal year unless the State enters into such agreement with the Director as the Director requires to ensure that the State will maintain the aggregate expenditures of the State from all other sources for programs to ensure dam safety for the protection of human life and property at or above a level equal to the average annual level of the expenditures for the 2 fiscal years preceding the fiscal year.
``(5) Approval of programs.--
``(A) Submission.--For a State to be eligible for assistance under this subsection, a plan for a State dam safety program shall be submitted to the Director.
``(B) Approval.--A State dam safety program shall be deemed to be approved 120 days after the date of receipt by the Director unless the Director determines within the 120-day period that the State dam safety program fails to substantially meet the requirements of paragraphs (1) through
(3).
``(C) Notification of disapproval.--If the Director determines that a State dam safety program does not meet the requirements for approval, the Director shall immediately notify the State in writing and provide the reasons for the determination and the changes that are necessary for the plan to be approved.
``(6) Review of state dam safety programs.--Using the expertise of the Board, the Director shall periodically review State dam safety programs. If the Board finds that a State dam safety program has proven inadequate to reasonably protect human life and property, and the Director concurs, the Director shall revoke approval of the State dam safety program, and withhold assistance under this subsection, until the State dam safety program again meets the requirements for approval.
``(g) Dam Safety Training.--At the request of any State that has or intends to develop a State dam safety program, the Director shall provide training for State dam safety staff and inspectors.
``(h) Board.--
``(1) Establishment.--The Director may establish an advisory board to be known as the `National Dam Safety Review Board' to monitor State implementation of this section.
``(2) Authority.--The Board may use the expertise of Federal agencies and enter into contracts for necessary studies to carry out this section.
``(3) Membership.--The Board shall consist of 11 members selected by the Director for expertise in dam safety, of whom--
``(A) 1 member shall represent the Department of Agriculture;
``(B) 1 member shall represent the Department of Defense;
``(C) 1 member shall represent the Department of the Interior;
``(D) 1 member shall represent FEMA;
``(E) 1 member shall represent the Federal Energy Regulatory Commission;
``(F) 5 members shall be selected by the Director from among dam safety officials of States; and
``(G) 1 member shall be selected by the Director to represent the United States Committee on Large Dams.
``(4) Compensation of members.--
``(A) Federal employees.--Each member of the Board who is an officer or employee of the United States shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the United States.
``(B) Other members.--Each member of the Board who is not an officer or employee of the United States shall serve without compensation.
``(5) Travel expenses.--Each member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of services for the Board.
``(6) Applicability of federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board.
``SEC. 9. RESEARCH.
``(a) In General.--The Director, in cooperation with ICODS, shall carry out a program of technical and archival research to develop--
``(1) improved techniques, historical experience, and equipment for rapid and effective dam construction, rehabilitation, and inspection; and
``(2) devices for the continued monitoring of the safety of dams.
``(b) Consultation.--The Director shall provide for State participation in research under subsection (a) and periodically advise all States and Congress of the results of the research.
``SEC. 10. REPORTS.
``(a) Report on Dam Insurance.--Not later than 180 days after the date of enactment of this subsection, the Director shall report to Congress on the availability of dam insurance and make recommendations concerning encouraging greater availability.
``(b) Biennial Reports.--Not later than 90 days after the end of each odd-numbered fiscal year, the Director shall submit a report to Congress that--
``(1) describes the status of the Program;
``(2) describes the progress achieved by Federal agencies during the 2 preceding fiscal years in implementing the Federal Guidelines for Dam Safety;
``(3) describes the progress achieved in dam safety by States participating in the Program; and
``(4) includes any recommendations for legislative and other action that the Director considers necessary.'';
(9) in section 11 (as redesignated by paragraph (3))--
(A) by striking ``Sec. 11. Nothing'' and inserting the following:
``SEC. 11. STATUTORY CONSTRUCTION.
``Nothing'';
(B) by striking ``shall be construed (1) to create'' and inserting the following: ``shall--
``(1) create'';
(C) by striking ``or (2) to relieve'' and inserting the following:
``(2) relieve''; and
(D) by striking the period at the end and inserting the following: ``; or
``(3) preempt any other Federal or State law.''; and
(10) by adding at the end the following:
``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
``(a) Funding.--
``(1) National dam safety program.--
``(A) Annual amounts.--There are authorized to be appropriated to FEMA to carry out sections 7, 8, and 10 (in addition to any amounts made available for similar purposes included in any other Act and amounts made available under paragraphs (2) through (5)), $1,000,000 for fiscal year 1997,
$2,000,000 for fiscal year 1998, $4,000,000 for fiscal year 1999, $4,000,000 for fiscal year 2000, and $4,000,000 for fiscal year 2001.
``(B) Allocation.--
``(i) In general.--Subject to clauses (ii) and (iii), for each fiscal year, amounts made available under this paragraph to carry out section 8 shall be allocated among the States as follows:
``(I) One-third among States that qualify for assistance under section 8(f).
``(II) Two-thirds among States that qualify for assistance under section 8(f), to each such State in proportion to--
``(aa) the number of dams in the State that are listed as State-regulated dams on the inventory of dams maintained under section 6; as compared to
``(bb) the number of dams in all States that are listed as State-regulated dams on the inventory of dams maintained under section 6.
``(ii) Maximum amount of allocation.--The amount of funds allocated to a State under this subparagraph may not exceed 50 percent of the reasonable cost of implementing the State dam safety program.
``(iii) Determination.--The Director and the Board shall determine the amount allocated to States needing primary assistance and States needing advanced assistance under section 8(f).
``(2) National dam inventory.--There is authorized to be appropriated to carry out section 6 $500,000 for each fiscal year.
``(3) Dam safety training.--There is authorized to be appropriated to carry out section 8(g) $500,000 for each of fiscal years 1997 through 2001.
``(4) Research.--There is authorized to be appropriated to carry out section 9 $1,000,000 for each of fiscal years 1997 through 2001.
``(5) Staff.--There is authorized to be appropriated to FEMA for the employment of such additional staff personnel as are necessary to carry out sections 6 through 9 $400,000 for each of fiscal years 1997 through 2001.
``(b) Limitation on Use of Amounts.--Amounts made available under this Act may not be used to construct or repair any Federal or non-Federal dam.''.
(d) Conforming Amendment.--Section 3(2) of the Indian Dams Safety Act of 1994 (25 U.S.C. 3802(2)) is amended by striking
``the first section of Public Law 92-367 (33 U.S.C. 467)'' and inserting ``section 2 of the National Dam Safety Program Act''.
Beginning on page 137, strike line 13 and all that follows through page 140, line 15, and insert the following:
SEC. 329. WASHINGTON AQUEDUCT.
(a) Definitions.--In this section:
(1) Non-Federal public water supply customer.--The term
``non-Federal public water supply customer'' means--
(A) the District of Columbia;
(B) Arlington County, Virginia; and
(C) the City of Falls Church, Virginia.
(2) Washington aqueduct.--The term ``Washington Aqueduct'' means the Washington Aqueduct facilities and related facilities owned by the Federal Government as of the date of enactment of this Act, including--
(A) the dams, intake works, conduits, and pump stations that capture and transport raw water from the Potomac River to the Dalecarlia Reservoir;
(B) the infrastructure and appurtenances used to treat water taken from the Potomac River to potable standards; and
(C) related water distribution facilities.
(b) Regional Entity.--
(1) In general.--Congress encourages and grants consent to the non-Federal public water supply customers to establish a public or private entity or to enter into an agreement with an existing public or private entity to--
(A) receive title to the Washington Aqueduct; and
(B) operate, maintain, and manage the Washington Aqueduct in a manner that adequately represents all interests of non-Federal public water supply customers.
(2) Consideration.--An entity receiving title to the Washington Aqueduct that is not composed entirely of the non-Federal public water supply customers shall receive consideration for providing equity for the Aqueduct.
(3) Priority access.--The non-Federal public water supply customers shall have priority access to any water produced by the Aqueduct.
(4) Consent of congress.--Congress grants consent to the non-Federal public water supply customers to enter into any interstate agreement or compact required to carry out this section.
(5) Statutory construction.--This section shall not preclude the non-Federal public water supply customers from pursuing any option regarding ownership, operation, maintenance, and management of the Washington Aqueduct.
(c) Progress report and plan.--Not later than 1 year after the date of enactment of this Act, the Secretary shall report to the Committee on Environment and Public Works in the Senate and the Committee on Transportation and Infrastructure in the House of Representatives on any progress in achieving a plan for the transfer of ownership, operation, maintenance, and management of the Washington Aqueduct to a public or private entity.
(d) Transfer.--
(1) In general.--Subject to subsection (b)(2) and any terms or conditions the Secretary considers appropriate to protect the interests of the United States, the Secretary may, with the consent of the non-Federal public water supply customers and without consideration to the Federal Government, transfer all rights, title, and interest of the United States in the Washington Aqueduct, its real property, facilities, and personalty, to a public or private entity established or contracted with pursuant to subsection (b).
(2) Adequate capabilities.--The Secretary shall transfer ownership to the Washington Aqueduct under paragraph (1) only if the Secretary determines, after opportunity for public input, that the entity to receive ownership of the Aqueduct has the technical, managerial, and financial capability to operate, maintain, and manage the Aqueduct.
(3) Responsibilities.--The Secretary shall not transfer title under this subsection unless the entity to receive title assumes full responsibility for performing and financing the operation, maintenance, repair, replacement, rehabilitation, and necessary capital improvements of the Washington Aqueduct so as to ensure the continued operation of the Washington Aqueduct consistent with Aqueduct's intended purpose of providing an uninterrupted supply of potable water sufficient to meet the current and future needs of the Aqueduct's service area.
(e) Interim Borrowing Authority.--
(1) Borrowing.--
(A) In general.--The Secretary is authorized to borrow from the Treasury of the United States such amounts for fiscal years 1997 and 1998 as is sufficient to cover any obligations that the United States Army Corps of Engineers is required to incur in carrying out capital improvements during fiscal years 1997 and 1998 for the Washington Aqueduct to ensure continued operation of the Aqueduct until such time as a transfer of title of the Aqueduct has taken place.
(B) Limitation.--The amount borrowed by the Secretary under subparagraph (A) may not exceed $29 million for fiscal year 1997 and $24 million for fiscal year 1998.
(C) Agreement.--Amounts borrowed under subparagraph (A) may only be used for capital improvements agreed to by the Army Corps of Engineers and the non-Federal public water supply customers.
(D) Terms of borrowing.--
(i) In general.--The Secretary of the Treasury shall provide the funds borrowed under subparagraph (A) under such terms and conditions as the Secretary of Treasury determines to be necessary and in the public interest and subject to the contracts required in paragraph (2).
(ii) Specified terms.--The term of any amounts borrowed under subparagraph (A) shall be for a period of not less than 20 years. There shall be no penalty for the prepayment of any amounts borrowed under subparagraph (A).
(2) Contracts with public water supply customers.--
(A) Contracts to repay corps debt.--To the extent provided in appropriations Act, and in accordance with paragraph (1), the Chief of Engineers of the Army Corps of Engineers may enter into a series of contracts with each public water supply customer under which the customer commits to repay a pro-rata share (based on water purchase) of the principal and interest owed by the Secretary to the Secretary of the Treasury under paragraph (1). Any customer, or customers, may prepay, at any time, the pro-rata share of the principal and interest then owed by the customer and outstanding, or any portion thereof, without penalty. Under each of the contracts, the customer that enters into the contract shall commit to pay any additional amount necessary to fully offset the risk of default on the contract.
(B) Offsetting of risk of default.--Each contract under subparagraph (A) shall include such additional terms and conditions as the Secretary of the Treasury may require so that the value to the Government of the contracts is estimated to be equal to the obligational authority used by the Army Corps of Engineers for modernizing the Washington Aqueduct at the time that each series of contracts is entered into.
(C) Other conditions.--Each contract entered into under subparagraph (A) shall--
(i) provide that the public water supply customer pledges future income only from fees assessed to operate and maintain the Washington Aqueduct;
(ii) provide the United States priority in regard to income from fees assessed to operate and maintain the Washington Aqueduct; and
(iii) include other conditions not inconsistent with this section that the Secretary of the Treasury determines to be appropriate.
(3) Extension of borrowing authority.--If no later than 24 months from the date of enactment of this Act, a written agreement in principle has been reached between the Secretary, the non-Federal public water supply customers, and
(if one exists) the public or private entity proposed to own, operate, maintain, and manage the Washington Aqueduct, then it shall be appropriated to the Secretary for fiscal year 1999 borrowing authority, and the Secretary shall borrow, under the same terms and conditions noted in this subsection, in an amount sufficient to cover those obligations which the Army Corps of Engineers is required to incur in carrying out capital improvements that year for the Washington Aqueduct to ensure continued operations until the transfer contemplated in subsection (b) has taken place, provided that this borrowing shall not exceed $22 million in fiscal year 1999; provided also that no such borrowings shall occur once such non-Federal public or private owner shall have been established and achieved the capacity to borrow on its own.
(4) Impact on improvement program.--Not later than 6 months after the date of enactment of this Act, the Secretary, in consultation with other Federal agencies, shall transmit to the Committee on Environment and Public Works in the Senate and the Committee on Transportation and Infrastructure in the House of Representatives a report that assesses the impact of the borrowing authority referred to in this subsection on the near term improvement projects in the Washington Aqueduct Improvement Program, work scheduled during this period and the financial liability to be incurred.
(f) Delayed Reissuance of NPDES Permit.--In recognition of more efficient water-facility configurations that might be achieved through various possible ownership transfers of the Washington Aqueduct, the United States Environmental Protection Agency shall delay the reissuance of the NPDES permit for the Washington Aqueduct until Federal fiscal year 1999.
On page 148, between lines 5 and 6, insert the following:
SEC. 333. SHORE PROTECTION.
(a) In General.--Subsection (a) of the first section of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426e(a)), 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 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) Definition of Shore Protection Project.--Section 4 of the Act of August 13, 1946 (60 Stat. 1057, chapter 960; 33 U.S.C. 426h), is amended--
(1) by striking ``Sec. 4. As used in this Act, the word
`shores' includes all the shorelines'' and inserting the following:
``SEC. 4. DEFINITIONS.
``In this Act:
``(1) Shore.--The term `shore' includes each shoreline of each''; and
(2) by adding at the end the following:
``(2) Shore protection project.--The term `shore protection project' includes a project for beach nourishment, including the replacement of sand.''.
On page 148, line 6, strike ``333'' and insert ``334''.
On page 153, after line 24, add the following:
SEC. 335. REVIEW PERIOD FOR STATE AND FEDERAL AGENCIES.
Paragraph (a) of the first section 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 (33 U.S.C. 701-1(a)), is amended--
(1) in the ninth sentence, by striking ``ninety'' and inserting ``30''; and
(2) in the eleventh sentence, by striking ``ninety-day'' and inserting ``30-day''.
SEC. 336. DREDGED MATERIAL DISPOSAL FACILITIES.
(a) In General.--Section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211) is amended by adding at the end the following:
``(f) Dredged Material Disposal Facilities.--
``(1) In general.--The construction of all dredged material disposal facilities associated with Federal navigation projects for harbors and inland harbors, including diking and other improvements necessary for the proper disposal of dredged material, shall be considered to be general navigation features of the projects and shall be cost-shared in accordance with subsection (a).
``(2) Cost sharing for operation and maintenance.--
``(A) In general.--The Federal share of the cost of operation and maintenance of each disposal facility to which paragraph (1) applies shall be determined in accordance with subsection (b).
``(B) Source of federal share.--The Federal share of the cost of construction of dredged material disposal facilities associated with the operation and maintenance of Federal navigation projects for harbors and inland harbors shall be--
``(i) considered to be eligible operation and maintenance costs for the purpose of section 210(a); and
``(ii) paid with sums appropriated out of the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code of 1986.
``(3) Apportionment of funding.--The Secretary shall ensure, to the extent practicable, that--
``(A) funding requirements for operation and maintenance dredging of commercial navigation harbors are considered fully before Federal funds are obligated for payment of the Federal share of costs associated with the construction of dredged material disposal facilities under paragraph (1); and
``(B) funds expended for such construction are equitably apportioned in accordance with regional needs.
``(4) Applicability.--
``(A) In general.--This subsection shall apply to the construction of any dredged material disposal facility for which a contract for construction has not been awarded on or before the date of enactment of this subsection.
``(B) Amendment of existing agreements.--The Secretary may, with the consent of the non-Federal interest, amend a project cooperation agreement executed before the date of enactment of this subsection to reflect paragraph (1) with respect to any dredged material disposal facility for which a contract for construction has not been awarded as of that date.
``(5) Non-federal share of costs.--Nothing in this subsection shall impose, increase, or result in the increase of the non-Federal share of the costs of any existing dredged material disposal facility authorized to be provided before the date of enactment of this subsection.''.
(b) Definition of Eligible Operations and Maintenance.--Section 214(2)(A) of the Water Resources Development Act of 1986 (33 U.S.C. 2241(2)(A)) is amended by inserting before the period at the end the following: ``, dredging and disposal of contaminated sediments that are in or that affect the maintenance of a Federal navigation channel, mitigation for storm damage and environmental impacts resulting from a Federal maintenance activity, and operation and maintenance of a dredged material disposal facility''.
SEC. 337. APPLICABILITY OF COST-SHARING PROVISIONS.
Section 103(e)(1) of the Water Resources Development Act of 1986 (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.''.
SEC. 338. SECTION 215 REIMBURSEMENT LIMITATION PER PROJECT.
(a) In General.--The last sentence of section 215(a) of the Flood Control Act of 1968 (42 U.S.C. 1962d-5a(a)) is amended--
(1) by striking ``$3,000,000'' and inserting
``$5,000,000''; and
(2) by striking the second period at the end.
(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 San Antonio River Authority in 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 enactment of this Act.
SEC. 339. WAIVER OF UNECONOMICAL COST-SHARING REQUIREMENT.
The first sentence of section 221(a) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)) is amended by inserting before the period at the end 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''.
SEC. 340. PLANNING ASSISTANCE TO STATES.
Section 22 of the Water Resources Development Act of 1974
(42 U.S.C. 1962d-16) is amended--
(1) in subsection (a), by inserting ``, watersheds, and ecosystems'' after ``basins'';
(2) in subsection (b)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(3) in subsection (c)--
(A) by striking ``$6,000,000'' and inserting
``$10,000,000''; and
(B) by striking ``$300,000'' and inserting ``$500,000''.
SEC. 341. RECOVERY OF COSTS FOR CLEANUP OF HAZARDOUS
SUBSTANCES.
Any amount 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 Army Corps of Engineers, and any amount recovered by the Secretary from a contractor, insurer, surety, or other person to reimburse the Secretary for any expenditure for environmental response activities in support of the civil works program, shall be credited to the trust fund account to which the cost of the response action has been or will be charged. SEC. 342. CITY OF NORTH BONNEVILLE, WASHINGTON.
Section 9147 of the Department of Defense Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1940), is amended to read as follows:
``SEC. 9147. CITY OF NORTH BONNEVILLE, WASHINGTON.
``(a) Conveyances.--
``(1) In general.--The project for Bonneville Lock and Dam, Columbia River, Oregon and Washington, authorized by the Act of August 20, 1937 (commonly known as the `Bonneville Project Act of 1937') (50 Stat. 731, chapter 720; 16 U.S.C. 832 et seq.), and modified by section 83 of the Water Resources Development Act of 1974 (Public Law 93-251; 88 Stat. 35), is further modified to authorize the Secretary of the Army to convey to the city of North Bonneville, Washington (referred to in this section as the `city'), at no further cost to the city, all right, title, and interest of the United States in and to--
``(A) any municipal facilities, utilities, fixtures, and equipment for the relocated city, and any remaining lands designated as open spaces or municipal lots not previously conveyed to the city, specifically Lots M1 through M15, M16
(known as the `community center lot'), M18, M19, M22, M24, S42 through S45, and S52 through S60, as shown on the plats of Skamania County, Washington;
``(B) the lot known as the `school lot' and shown as Lot 2, Block 5, on the plats of relocated North Bonneville, recorded in Skamania County, Washington;
``(C) Parcels 2 and C, but only on the completion of any environmental response activities required under applicable law;
``(D) that portion of Parcel B lying south of the city boundary, west of the sewage treatment plant, and north of the drainage ditch that is located adjacent to the northerly limit of the Hamilton Island landfill, if the Secretary of the Army determines, at the time of the proposed conveyance, that the Department of the Army has taken all actions necessary to protect human health and the environment;
``(E) such portions of Parcel H as can be conveyed without a requirement for further investigation, inventory, or other action by the Secretary of the Army under the National Historic Preservation Act (16 U.S.C. 470 et seq.); and
``(F) such easements as the Secretary of the Army considers necessary for--
``(i) sewer and water line crossings of relocated Washington State Highway 14; and
``(ii) reasonable public access to the Columbia River across such portions of Hamilton Island as remain in the ownership of the United States.
``(2) Timing of conveyances.--The conveyances described in subparagraphs (A), (B), (E), and (F)(i) of paragraph (1) shall be completed not later than 180 days after the United States receives the release described in subsection (b)(2). All other conveyances shall be completed expeditiously, subject to any conditions specified in the applicable subparagraph of paragraph (1).
``(b) Effect of Conveyances.--
``(1) Congressional intent.--The conveyances authorized by subsection (a) are intended to resolve all outstanding issues between the United States and the city.
``(2) Action by city before conveyances.--As prerequisites to the conveyances, the city shall--
``(A) execute an acknowledgment of payment of just compensation;
``(B) execute a release of all claims for relief of any kind against the United States arising from the relocation of the city or any Federal statute enacted before the date of enactment of this subparagraph relating to the city; and
``(C) dismiss, with prejudice, any pending litigation involving matters described in subparagraph (B).
``(3) Action by attorney general.--On receipt of the city's acknowledgment and release described in paragraph (2), the Attorney General shall--
``(A) dismiss any pending litigation arising from the relocation of the city; and
``(B) execute a release of all rights to damages of any kind (including any interest on the damages) under Town of North Bonneville, Washington v. United States, 11 Cl. Ct. 694, aff'd in part and rev'd in part, 833 F.2d 1024 (Fed. Cir. 1987), cert. denied, 485 U.S. 1007 (1988).
``(4) Action by city after conveyances.--Not later than 60 days after the conveyances authorized by subparagraphs (A) through (F)(i) of subsection (a)(1) have been completed, the city shall--
``(A) execute an acknowledgment that all entitlements to the city under the subparagraphs have been fulfilled; and
``(B) execute a release of all claims for relief of any kind against the United States arising from this section.
``(c) Authority of City Over Certain Lands.--Beginning on the date of enactment of paragraph (1), the city or any successor in interest to the city--
``(1) shall be precluded from exercising any jurisdiction over any land owned in whole or in part by the United States and administered by the Army Corps of Engineers in connection with the Bonneville project; and
``(2) may change the zoning designations of, sell, or resell Parcels S35 and S56, which are designated as open spaces as of the date of enactment of this paragraph.''.
SEC. 343. COLUMBIA RIVER TREATY FISHING ACCESS.
Section 401(a) of Public Law 100-581 (102 Stat. 2944) is amended--
(1) by striking ``(a) All Federal'' and all that follows through ``Columbia River Gorge Commission'' and inserting the following:
``(a) Existing Federal Lands.--
``(1) In general.--All Federal lands that are included within the 20 recommended treaty fishing access sites set forth in the publication of the Army Corps of Engineers entitled `Columbia River Treaty Fishing Access Sites Post Authorization Change Report', dated April 1995,''; and
(2) by adding at the end the following:
``(2) Boundary adjustments.--The Secretary of the Army, in consultation with affected tribes, may make such minor boundary adjustments to the lands referred to in paragraph
(1) as the Secretary determines are necessary to carry out this title.''.
SEC. 344. TRI-CITIES AREA, WASHINGTON.
(a) General Authority.--As soon as practicable after the date of enactment of this Act, the Secretary shall make the conveyances to the local governments referred to in subsection (b) of all right, title, and interest of the United States in and to the property described in subsection
(b).
(b) Property Descriptions.--
(1) Benton county, washington.--The property to be conveyed under subsection (a) to Benton County, Washington, is the property in the county that is designated ``Area D'' on Exhibit A to Army Lease No. DACW-68-1-81-43.
(2) Franklin county, washington.--The property to be conveyed under subsection (a) to Franklin County, Washington, is--
(A) the 105.01 acres of property leased under Army Lease No. DACW-68-1-77-20 as executed by Franklin County, Washington, on April 7, 1977;
(B) the 35 acres of property leased under Supplemental Agreement No. 1 to Army Lease No. DACW-68-1-77-20;
(C) the 20 acres of property commonly known as ``Richland Bend'' that is designated by the shaded portion of Lot 1, Section 11, and the shaded portion of Lot 1, Section 12, Township 9 North, Range 28 East, W.M. on Exhibit D to Supplemental Agreement No. 2 to Army Lease No. DACW-68-1-77-20;
(D) the 7.05 acres of property commonly known as ``Taylor Flat'' that is designated by the shaded portion of Lot 1, Section 13, Township 11 North, Range 28 East, W.M. on Exhibit D to Supplemental Agreement No. 2 to Army Lease No. DACW-68-1-77-20;
(E) the 14.69 acres of property commonly known as ``Byers Landing'' that is designated by the shaded portion of Lots 2 and 3, Section 2, Township 10 North, Range 28 East, W.M. on Exhibit D to Supplemental Agreement No. 2 to Army Lease No. DACW-68-1-77-20; and
(F) all levees in Franklin County, Washington, as of the date of enactment of this Act, and the property on which the levees are situated.
(3) City of kennewick, washington.--The property to be conveyed under subsection (a) to the city of Kennewick, Washington, is the property in the city that is subject to the Municipal Sublease Agreement entered into on April 6, 1989, between Benton County, Washington, and the cities of Kennewick and Richland, Washington.
(4) City of richland, washington.--The property to be conveyed under subsection (a) to the city of Richland, Washington, is the property in the city that is subject to the Municipal Sublease Agreement entered into on April 6, 1989, between Benton County, Washington, and the cities of Kennewick and Richland, Washington.
(5) City of pasco, washington.--The property to be conveyed under subsection (a) to the city of Pasco, Washington, is--
(A) the property in the city of Pasco, Washington, that is leased under Army Lease No. DACW-68-1-77-10; and
(B) all levees in the city, as of the date of enactment of this Act, and the property on which the levees are situated.
(6) Port of pasco, washington.--The property to be conveyed under subsection (a) to the Port of Pasco, Washington, is--
(A) the property owned by the United States that is south of the Burlington Northern Railroad tracks in Lots 1 and 2, Section 20, Township 9 North, Range 31 East, W.M.; and
(B) the property owned by the United States that is south of the Burlington Northern Railroad tracks in Lots 1, 2, 3, and 4, in each of Sections 21, 22, and 23, Township 9 North, Range 31 East, W.M.
(7) Additional properties.--In addition to properties described in paragraphs (1) through (6), the Secretary may convey to a local government referred to in any of paragraphs
(1) through (6) such properties under the jurisdiction of the Secretary in the Tri-Cities area as the Secretary and the local government agree are appropriate for conveyance.
(c) Terms and Conditions.--
(1) In general.--The conveyances under subsection (a) shall be subject to such terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States.
(2) Special rules for franklin county.--The property described in subsection (b)(2)(F) shall be conveyed only after Franklin County, Washington, enters into a written agreement with the Secretary that provides that the United States shall continue to operate and maintain the flood control drainage areas and pump stations on the property conveyed and that the United States shall be provided all easements and rights necessary to carry out the agreement.
(3) Special rule for city of pasco.--The property described in subsection (b)(5)(B) shall be conveyed only after the city of Pasco, Washington, enters into a written agreement with the Secretary that provides that the United States shall continue to operate and maintain the flood control drainage areas and pump stations on the property conveyed and that the United States shall be provided all easements and rights necessary to carry out the agreement.
(4) Consideration.--
(A) Administrative costs.--A local government to which property is conveyed under this section shall pay all administrative costs associated with the conveyance.
(B) Park and recreation properties.--Properties to be conveyed under this section that will be retained in public ownership and used for public park and recreation purposes shall be conveyed without consideration. If any such property is no longer used for public park and recreation purposes, title to the property shall revert to the United States.
(C) Other properties.--Properties to be conveyed under this section and not described in subparagraph (B) shall be conveyed at fair market value.
(d) Lake Wallula Levees.--
(1) Determination of minimum safe height.--
(A) Contract.--Not later than 30 days after the date of enactment of this Act, the Secretary shall contract with a private entity agreed to under subparagraph (B) to determine, not later than 180 days after the date of enactment of this Act, the minimum safe height for the levees of the project for flood control, Lake Wallula, Washington. The Secretary shall have final approval of the minimum safe height.
(B) Agreement of local officials.--A contract shall be entered into under subparagraph (A) only with a private entity agreed to by the Secretary, appropriate representatives of Franklin County, Washington, and appropriate representatives of the city of Pasco, Washington.
(2) Authority.--A local government may reduce, at its cost, the height of any levee of the project for flood control, Lake Wallula, Washington, within the boundaries of the area under the jurisdiction of the local government to a height not lower than the minimum safe height determined under paragraph (1).
SEC. 345. DESIGNATION OF LOCKS AND DAMS ON TENNESSEE-
TOMBIGBEE WATERWAY.
(a) In General.--The following locks, and locks and dams, on the Tennessee-Tombigbee Waterway, located in the States of Alabama, Kentucky, Mississippi, and Tennessee, are designated as follows:
(1) Gainesville Lock and Dam at Mile 266 designated as Howell Heflin Lock and Dam.
(2) Columbus Lock and Dam at Mile 335 designated as John C. Stennis Lock and Dam.
(3) The lock and dam at Mile 358 designated as Aberdeen Lock and Dam.
(4) Lock A at Mile 371 designated as Amory Lock.
(5) Lock B at Mile 376 designated as Glover Wilkins Lock.
(6) Lock C at Mile 391 designated as Fulton Lock.
(7) Lock D at Mile 398 designated as John Rankin Lock.
(8) Lock E at Mile 407 designated as G.V. ``Sonny'' Montgomery Lock.
(9) Bay Springs Lock and Dam at Mile 412 designated as Jamie Whitten Lock and Dam.
(b) Legal References.--A reference in any law, regulation, document, map, record, or other paper of the United States to a lock, or lock and dam, referred to in subsection (a) shall be deemed to be a reference to the designation for the lock, or lock and dam, provided in the subsection.
SEC. 346. DESIGNATION OF J. BENNETT JOHNSTON WATERWAY.
(a) In General.--The portion of the Red River, Louisiana, from new river mile 0 to new river mile 235 shall be known and designated as the ``J. Bennett Johnston Waterway''.
(b) References.--Any reference in any law, regulation, document, map, record, or other paper of the United States to the portion of the Red River described in subsection (a) shall be deemed to be a reference to the ``J. Bennett Johnston Waterway''.
On page 154, line 1, strike ``334'' and insert ``348''.
On page 116, line 6, insert the following after
``authorized'': ``, to the extent funds are made available in appropriations acts,''.
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