Public Law 94-587 94Th Congress an Act Authorizing the Construction, Repair, and Preservation of Certain Public Works Oct
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PUBLIC LAW 94-587—OCT. 22, 1976 90 STAT. 2917 Public Law 94-587 94th Congress An Act Authorizing the construction, repair, and preservation of certain public works Oct. 22, 1976 on rivers and harbors for navigation, flood control, and for other purposes. [S. 3823] Be it enacted oy the Senate and House of Representatives of the United States of America in Congress assembled, Water Resources SECTION 101. (a) The Secretary of the Army, acting through the Development Act Chief of Engineers, is hereby authorized to undertake the phase I ^^ l^^^- design memorandum stage of advanced engineering and design of the following water resources development projects, substantially in accordance with, and subject to the conditions recommended by the Chief of Engineers in, the reports hereinafter designated. MIDDLE ATLANTIC COASTAL REGION The project for beach erosion control, navigation, and storm pro tection from Hereford Inlet to the Delaware Bay entrance to the Cape May Canal, New Jersey: Report of the Chief of Engineers dated September 30, 1975, at an estimated cost of $2,062,000. The project for beach erosion control, navigation, and storm pro tection from Barnegat Inlet to Longport, New Jersey: Report of the Chief of Engineers dated October 24, 1975, at an estimated cost of $2,396,000. WALLKILL RIVER BASIN The project for flood control of the Black Dirt Area, Wallkill v ^ River, New York and New Jersey: House Document Numbered 94-499, at an estimated cost of $330,000. PASSAIC RIVER BASIN The project for flood control in the Passaic River Basin, New Jersey and New York: Report of the Chief of Engineers dated February 18, 1976, at an estimated cost of $12,000,000. SUSQUEHANNA RIVER BASIN The project for flood control at Lock Haven, Pennsylvania: House Document Numbered 94-577, at an estimated cost of $430,000. , The project for flood control at Wyoming Valley, Susquehanna River, Luzerne County, Pennsylvania: House Document Numbered 94-482, at an estimated cost of $450,000. JAMES RIVER BASIN The project for flood control at Richmond, Virginia: Report of the Chief of Engineers dated January 7, 1976, at an estimated cost of $800,000. SOUTH ATLANTIC COASTAL REGION The project for navigation at Brunswick Harbor, Georgia: Report of the Chief of Engineers dated August 18,1976, at an estimated cost of $300,000, except that the Secretary of the Army, acting through 90 STAT. 2918 PUBLIC LAW 94-587—OCT. 22, 1976 the Chief of Engineers, shall include as part of the phase I study consideration of dredging a navigation channel to Colonel's Island. COOPER KIVER BASIN The project for navigation improvements at Charleston Harbor, South Carolina: House Document Numbered 94-436, at an estimated cost of $500,000. COMMONWEALTH or PUERTO RICO The project for navigation improvements at San Juan Harbor, Puerto Rico: House Document Numbered 94-574, at an estimated cost of $300,000. UPPER MISSISSIPPI RIVER BASIN The project for local flood protection and other purposes at La Crosse, Wisconsin, on the Mississippi River: House Document Num bered 94-598, at an estimated cost of $400,000. GREAT LAKES BASIN The project for beach erosion control for Presque Isle Peninsula at Erie, Pennsylvania: Report of the Chief of Engineers dated April 8, 1976, at an estimated cost of $700,000. At the expiration of the authorization provided in section 57 of the Water Resources Develop- 88 Stat. 28. ment Act of 1974, the Secretary of the Army, acting through the Chief of Engineers, may provide periodic beach nourishment in accordance with the cost sharing provisions of section 103(a) (2) of 33 use 426e. the Act of October 23, 1962 (76 Stat. 1178). The project for flood control and other purposes on Little Calumet River in Indiana: Report of the Chief of Engineers dated July 19, 1976, at an estimated cost of $1,400,000. SIUSLAW RIVER The project for navigation improvements on the Siuslaw River and Bar at Siuslaw, Oregon: In accordance with the final report of the Chief of Engineers, at an estimated cost of $50,000. This shall take effect upon submittal to the Secretary of the Army by the Chief of Engineers and notification to Congress of the approval of the Chief of Engineers. PAPILLON CREEK BASIN The project for local flood protection on Papillon Creek at Omaha, Nebraska: In accordance with the final report of the Chief of Engi neers, at an estimated cost of $75,000. This shall take effect upon submittal to the Secretary of the Army by the Chief of Engineers and notification to Congress of the approval of the Chief of Engineers. OHIO RIVER BASIN The project for abatement of acid mine drainage in the Clarion River Basin, Pennsylvania: Report of the Secretary of the Army dated April 1971, entitled, "Development of Water Resources in Appalachia", at an estimated cost of $600,000. PUBLIC LAW 94-587—OCT. 22, 1976 90 STAT. 2919 LOWER MISSISSIPPI RIVER BASIN The project for flood protection for St. Johns Bayou and New Madrid Floodway, Missouri: Eeport of the Chief of Engineers dated September 26,1975, at an estimated cost of $300,000. The project for flood protection for Nonconnah Creek, Tennessee and Mississippi: Eeport of the Chief of Engineers dated June 23,1976, and as an independent part of this project, improvements for flood control and allied purposes on Horn Lake Creek and tributaries, including Cowpen Creek, Tennessee and Mississippi, at an estimated cost of ^00,000. TEXAS GITLF COAST REGION The project for natural salt pollution control in the Brazos River: Report of the Chief of Engineers dated June 1, 1976, at an estimated cost of $650,000. Rio GRANDE BASIN The project for flood control and other purposes, on the Rio Grande and Rio Salado (Rio Puerco), New Mexico: Report of the Chief of Engineers dated September 27,1976, at an estimated cost of $1,500,000. MISSOURI RIVER BASIN The project for flood protection for Jefferson City on Wears Creeks, Missouri: Report of the Chief of Engineers dated October 21, 1975, at an estimated cost of $50,000. COLUMBIA RIVER BASIN The project for construction and installation of a second power house at McNary Lock and Dam, Columbia River, Oregon and Wash ington : Report of the Chief of Engineers dated June 29, 1976, at an estimated cost of $1,800,000. PEMBINA RIVER BASIN The project for flood control on the Pembina River at Walhalla, North Dakota: Report of the Division Engineer dated May 24, 1976, at an estimated cost of $930,000. This shall take effect upon submittal to the Secretary of the Army by the Chief of Engineers and notifica tion to Congress of the approval of the Chief of Engineers. CALLEGUAS CREEK BASIN The project for flood control and other purposes on Calleguas Creek, Simi Valley to Moorpark, Ventura County, California: Report of the Chief of Engineers dated June 21, 1976, at an estimated cost of $1,060,000. SACRAMENTO-SAN JOAQUIN BASIN The project for flood control and other purposes on Morrison Creek Stream Group, California: Report of the Chief of Engineers dated March 2,1976, at an estimated cost of $750,000. NORTH-EASTERN ATLANTIC COASTAL REGION The project for navigation improvements in New London Harbor and Thames River at New London, Connecticut: Report of the Chief 90 STAT. 2920 PUBLIC LAW 94-587—OCT. 22, 1976 of Engineers dated February 20, 1975, at an estimated cost of $8,022,000. EP:D RIVER OF THE NORTH BASIN The project for local jflood protection at Grafton, North Dakota, on the Park River: Report of the Chief of Engineers dated June 11,1976, at an estimated cost of $10,973,000. (b) The Secretary of the Army is authorized to undertake advanced engineering and design for the projects in subsection (a) of this sec tion after completion of the phase I design memorandum stage of Finding, such projects. Such advanced engineering and design may be under transmittal to taken only upon a finding by the Chief of Engineers, transmitted to congressional the Committees on Public Works of the Senate and Public Works and committees. Transportation of the House of Representatives, that the project is without substantial controversy, that it is substantially in accordance with and subject to the conditions recommended for such project in this section, and that the advanced engineering and design will be compatible Avith any project modifications which may be under con Appropriation sideration. There is authorized to carry out this subsection not to authorization. exceed $5,000,000. No funds appropriated under this subsection may be used for land acquisition or commencement of construction. Transmittal to (c) Whenever the Chief of Engineers transmits his recommenda congressional tions for a water resources development project to the Secretary of committee. the Army for transmittal to the Congress, as authorized in the first 33 use 701-1. section of the Act of December 22, 1944, the Chief of Engineers is authorized to undertake the phase I design memorandum stage of advanced engineering and design of such project if the Chief of Engineers finds and transmits to the Committees on Public Works and Transportation of the Plouse of Representatives and Public Works of the Senate, that the project is without substantial controversy and justifies further engineering, economic, and environmental inves Termination date. tigations. Authorization for such phase I work for a project shall terminate on the date of enactment of the first Water Resources Devel Appropriation opment Act enacted after the date such work is first authorized. There authorization. is authorized to carry out this subsection not to exceed $4,000,000 per fiscal year for each of the fiscal years 1978 and 1979.