July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8693 documentation with appropriate endorse- S. 1454. An act to authorize the Secretary H.R. 3592 ment for employment in the coastwise trade of Transportation to issue a certification of Be it enacted by the Senate and House of Rep- for the vessel MAGIC CARPET. documentation with appropriate endorse- resentatives of the United States of America in S. 1017. An Act to authorize the Secretary ment for employment in the coastwise trade Congress assembled, of Transportation to issue a certificate of and fisheries for the vessel JOAN MARIE, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. documentation with appropriate endorse- and for other purposes. (a) SHORT TITLE.—This Act may be cited as ment for employment in the coastwise trade S. 1455. An act to authorize the Secretary the ‘‘Water Resources Development Act of for the vessel CHRISSY. of Transportation to issue a certificate of 1996’’. S. 1040. An Act to authorize the Secretary documentation with appropriate endorse- (b) TABLE OF CONTENTS.— of Transportation to issue a certificate of ment for employment in the coastwise trade documentation with appropriate endorse- for the vessel MOVIN ON, and for other pur- Sec. 1. Short title; table of contents. ment for employment in the coastwise trade poses. Sec. 2. Definition. for the vessel ONRUST. S. 1456. An act to authorize the Secretary TITLE I—WATER RESOURCES PROJECTS S. 1041. An Act to authorize the Secretary of Transportation to issue a certificate of of Transportation to issue a certificate of Sec. 101. Project authorizations. documentation with appropriate endorse- Sec. 102. Small flood control projects. documentation with appropriate endorse- ment for employment in the coastwise trade ment for employment in the coastwise trade Sec. 103. Small bank stabilization projects. for the vessel PLAY HARD, and for other Sec. 104. Small navigation projects. for the vessel EXPLORER. purposes. S. 1046. An Act to authorize the Secretary Sec. 105. Small shoreline protection S. 1457. An act to authorize the Secretary projects. of Transportation to issue a certificate of of Transportation to issue a certificate of documentation with appropriate endorse- Sec. 106. Small snagging and sediment re- documentation with appropriate endorse- moval project, Mississippi ment for employment in the coastwise trade ment for employment in the coastwise trade of the United States for fourteen former River, Little Falls, Minnesota. for the vessel SHOGUN, and for other pur- Sec. 107. Small projects for improvement of United States Army hovercraft. poses. S. 1047. An Act to authorize the Secretary the environment. S. 1545. An act to authorize the Secretary of Transportation to issue a certificate of Sec. 108. Project to mitigate shore damage. of Transportation to issue a certificate of documentation with appropriate endorse- documentation with appropriate endorse- TITLE II—GENERALLY APPLICABLE ment for employment in the coastwise trade ment for employment in the coastwise trade PROVISIONS endorsements for the vessels ENCHANTED for the vessel MOONRAKER, and for other Sec. 201. Cost sharing for dredged material ISLES and ENCHANTED SEAS. purposes. disposal areas. S. 1149. An Act to authorize the Secretary S. 1566. An act to authorize the Secretary Sec. 202. Flood control policy. of Transportation to issue a certificate of of Transportation to issue a certificate of Sec. 203. Feasibility study cost-sharing. documentation with appropriate endorse- documentation with appropriate endorse- Sec. 204. Restoration of environmental qual- ment for employment in the coastwise trade ment for employment in the coastwise trade ity. for the vessel BABS, and for other purposes. Sec. 205. Environmental dredging. S. 1272. An Act to authorize the Secretary for the vessel MARSH GRASS TOO. Sec. 206. Aquatic ecosystem restoration. of Transportation to issue a certificate of S. 1588. An act to authorize the Secretary Sec. 207. Beneficial uses of dredged material. documentation and coastwise trade endorse- of Transportation to issue a certificate of Sec. 208. Recreation policy and user fees. ment for the vessel BILLY BUCK. documentation and coastwise trade endorse- S. 1281. An Act to authorize the Secretary ment for the vessel KALYPSO. Sec. 209. Recovery of costs. of Transportation to issue a certificate of S. 1631. An act to authorize the Secretary Sec. 210. Cost sharing of environmental documentation with appropriate endorse- of Transportation to issue a certificate of projects. ment for employment in the coastwise trade documentation with appropriate endorse- Sec. 211. Construction of flood control for the vessel SARAH-CHRISTEN. ment for employment in the coastwise trade projects by non-Federal inter- S. 1281. An Act to authorize the Secretary for the vessel EXTREME, and for other pur- ests. of Transportation to issue a certificate of poses. Sec. 212. Engineering and environmental in- documentation with appropriate endorse- S. 1648. An act to authorize the Secretary novations of national signifi- ment for employment in the coastwise trade of Transportation to issue a certificate of cance. for the vessel TRIAD. documentation and coastwise trade endorse- Sec. 213. Lease authority. S. 1319. An act to authorize the Secretary ment for the vessel HERCO TYME. Sec. 214. Collaborative research and develop- of Transportation to issue a certificate of S. 1682. An act to authorize the Secretary ment. documentation with appropriate endorse- of Transportation to issue a certificate of Sec. 215. Dam safety program. ment for employment in the coastwise trade documentation and coastwise trade endorse- Sec. 216. Maintenance, rehabilitation, and for the vessel TOO MUCH FUN, and for other ment for the vessel LIBERTY. modernization of facilities. purposes. S. 1825. An act to authorize the Secretary Sec. 217. Long-term sediment management S. 1347. An act to authorize the Secretary of Transportation to issue a certificate of strategies. of Transportation to issue a certificate of documentation and coastwise trade endorse- Sec. 218. Dredged material disposal facility documentation with appropriate endorse- ment for the vessel HALCYON. partnerships. ment for the vessel CAPTAIN DARYL, and S. 1826. An act to authorize the Secretary Sec. 219. Obstruction removal requirement. for other purposes. of Transportation to issue a certificate of Sec. 220. Small project authorizations. S. 1348. An act to authorize the Secretary documentation and coastwise trade endorse- Sec. 221. Uneconomical cost-sharing require- of Transportation to issue a certificate of ment for the vessel COURIER SERVICE. ments. documentation with appropriate endorse- S. 1828. An act to authorize the Secretary Sec. 222. Planning assistance to States. ment for the vessel ALPHA TANGO, and for of Transportation to issue a certificate of Sec. 223. Corps of Engineers expenses. other purposes. documentation and coastwise trade endorse- Sec. 224. State and Federal agency review S. 1349. An act to authorize the Secretary ment for the vessel TOP GUN. period. of Transportation to issue a certificate of S. 1924. An act to authorize the Secretary Sec. 225. Limitation on reimbursement of documentation with appropriate endorse- of Transportation to issue a certificate of non-Federal costs per project. ment for the vessel OLD HAT, and for other documentation and coastwise trade endorse- Sec. 226. Aquatic plant control. purposes. ment for the vessel DAMN YANKEE. Sec. 227. Sediments decontamination tech- S. 1358. An act to authorize the Secretary S. 1933. To authorize a certificate of docu- nology. of Transportation to issue a certificate of mentation for certain vessels, and for other Sec. 228. Shore protection. documentation with appropriate endorse- purposes. Sec. 229. Project deauthorizations. ment for employment in the coastwise trade f Sec. 230. Support of Army Civil Works Pro- for the vessel CAROLYN, and for other pur- gram. poses. WATER RESOURCES Sec. 231. Benefits to navigation. S. 1362. An act to authorize the Secretary DEVELOPMENT ACT OF 1996 Sec. 232. Loss of life prevention. of Transportation to issue a certificate of Sec. 233. Scenic and aesthetic consider- documentation with appropriate endorse- Mr. SHUSTER. Mr. Speaker, I move to suspend the rules and pass the bill ations. ment for employment in the coastwise trade Sec. 234. Removal of study prohibitions. for the vessel FOCUS. (H.R. 3592) to provide for conservation Sec. 235. Sense of Congress; requirement re- S. 1383. An act to authorize the Secretary and development of water and related garding notice. of Transportation to issue a certificate of resources, to authorize the Secretary Sec. 236. Reservoir Management Technical documentation and coastwise trade endorse- of the Army to construct various Advisory Committee. ment for the vessel WESTFJORD. Sec. 237. Technical corrections. S. 1384. An act to authorize the Secretary projects for improvements to rivers of Transportation to issue a certificate of and harbors of the United States, and TITLE III—PROJECT MODIFICATIONS documentation and coastwise trade endorse- for other purposes, as amended. Sec. 301. Mobile Harbor, Alabama. ment for the vessel GOD’S GRACE II. The Clerk read as follows: Sec. 302. Alamo Dam, Arizona. H8694 CONGRESSIONAL RECORD — HOUSE July 30, 1996 Sec. 303. Nogales Wash and Tributaries, Ari- Sec. 361. Mussers Dam, Middle Creek, Sny- Sec. 513. Chesapeake Bay restoration and zona. der County, Pennsylvania. protection program. Sec. 304. Phoenix, Arizona. Sec. 362. Saw Mill Run, Pennsylvania. Sec. 514. Extension of jurisdiction of Mis- Sec. 305. San Francisco River at Clifton, Ar- Sec. 363. Schuylkill River, Pennsylvania. sissippi River Commission. izona. Sec. 364. South Central Pennsylvania. Sec. 515. Alternative to annual passes. Sec. 306. Channel Islands Harbor, California Sec. 365. Wyoming Valley, Pennsylvania. Sec. 516. Recreation partnership initiative. Sec. 307. Glenn-Colusa, California. Sec. 366. San Juan Harbor, Puerto Rico. Sec. 517. Environmental infrastructure. Sec. 308. Los Angeles and Long Beach Har- Sec. 367. Narragansett, Rhode Island. Sec. 518. Corps capability to conserve fish bors, San Pedro Bay, Califor- Sec. 368. Charleston Harbor, South Carolina. and wildlife. nia. Sec. 369. Dallas Floodway Extension, Dallas, Sec. 519. Periodic beach nourishment. Sec. 309. Oakland Harbor, California. Texas. Sec. 520. Control of aquatic plants. Sec. 310. Queensway Bay, California. Sec. 370. Upper Jordan River, Utah. Sec. 521. Hopper dredges. Sec. 311. San Luis Rey, California. Sec. 371. Haysi Lake, Virginia. Sec. 522. Design and construction assistance. Sec. 312. Thames River, Connecticut. Sec. 372. Rudee Inlet, Virginia Beach, Vir- Sec. 523. Field office headquarters facilities. Sec. 313. Potomac River, Washington, Dis- ginia. Sec. 524. Corps of Engineers restructuring trict Of Columbia. Sec. 373. Virginia Beach, Virginia. plan. Sec. 314. Canaveral Harbor, Florida. Sec. 374. East Waterway, Washington. Sec. 525. Lake Superior Center. Sec. 315. Captiva Island, Florida. Sec. 375. Bluestone Lake, West Virginia. Sec. 526. Jackson County, Alabama. Sec. 316. Central and southern Florida, Canal Sec. 376. Moorefield, West Virginia. Sec. 527. Earthquake Preparedness Center of 51. Sec. 377. Southern West Virginia. Expertise Extension. Sec. 317. Central and southern Florida, Sec. 378. West Virginia trail head facilities. Sec. 528. Quarantine facility. Canal 111 (C–111). Sec. 379. Kickapoo River, Wisconsin. Sec. 529. Benton and Washington Counties, Sec. 318. Jacksonville Harbor (Mill Cove), Sec. 380. Teton County, Wyoming. Arkansas. Florida. TITLE IV—STUDIES Sec. 530. Calaveras County, California. Sec. 319. Panama City Beaches, Florida. Sec. 531. Farmington Dam, California. Sec. 401. Corps capability study, Alaska. Sec. 320. Tybee Island, Georgia. Sec. 532. Prado Dam safety improvements, Sec. 321. White River, Indiana. Sec. 402. McDowell Mountain, Arizona. California. Sec. 322. Chicago, Illinois. Sec. 403. Nogales Wash and Tributaries, Ari- Sec. 533. Los Angeles County Drainage Area, Sec. 323. Chicago Lock and Thomas zona. California. J. O’Brien Lock, Illinois. Sec. 404. Garden Grove, California. Sec. 534. Seven Oaks Dam, California. Sec. 324. Kaskaskia River, Illinois. Sec. 405. Mugu Lagoon, California. Sec. 535. Manatee County, Florida. Sec. 325. Locks and Dam 26, Alton, Illinois Sec. 406. Santa Ynez, California. Sec. 536. Tampa, Florida. and Missouri. Sec. 407. Southern California infrastructure. Sec. 537. Watershed management plan for Sec. 326. North Branch of Chicago River, Il- Sec. 408. Yolo Bypass, Sacramento-San Joa- Deep River Basin, Indiana. linois. quin Delta, California. Sec. 538. Southern and eastern Kentucky. Sec. 327. Illinois and Michigan Canal. Sec. 409. Chain of Rocks Canal, Illinois. Sec. 539. Louisiana coastal wetlands restora- Sec. 328. Halstead, Kansas. Sec. 410. Quincy, Illinois. Sec. 329. Levisa and Tug Forks of the Big Sec. 411. Springfield, Illinois. tion projects. Sandy River and Cumberland Sec. 412. Beauty Creek Watershed, Sec. 540. Southeast Louisiana. Sec. 541. Restoration projects for Maryland, River, Kentucky, West Vir- Valparaiso City, Porter County, Pennsylvania, and West Vir- ginia, and Virginia. Indiana. Sec. 330. Prestonburg, Kentucky. Sec. 413. Grand Calumet River, Hammond, ginia. Sec. 542. Cumberland, Maryland. Sec. 331. Comite River, Louisiana. Indiana. Sec. 543. Beneficial use of dredged material, Sec. 332. Grand Isle and vicinity, Louisiana. Sec. 414. Indiana Harbor Canal, East Chi- Poplar Island, Maryland. Sec. 333. Lake Pontchartrain, Louisiana. cago, Lake County, Indiana. Sec. 544. Erosion control measures, Smith Sec. 334. Mississippi Delta Region, Louisi- Sec. 415. Koontz Lake, Indiana. ana. Sec. 416. Little Calumet River, Indiana. Island, Maryland. Sec. 335. Mississippi River Outlets, Venice, Sec. 417. Tippecanoe River Watershed, Indi- Sec. 545. Duluth, Minnesota, alternative Louisiana. ana. technology project. Sec. 336. Red River Waterway, Louisiana. Sec. 418. Calcasieu Ship Channel, Sec. 546. Redwood River Basin, Minnesota. Sec. 547. Natchez Bluffs, Mississippi. Sec. 337. Westwego to Harvey Canal, Louisi- Hackberry, Louisiana. Sec. 548. Sardis Lake, Mississippi. ana. Sec. 419. Huron River, Michigan. Sec. 549. Missouri River management. Sec. 338. Tolchester Channel, Maryland. Sec. 420. Saco River, New Hampshire. Sec. 550. St. Charles County, Missouri, flood Sec. 339. Saginaw River, Michigan. Sec. 421. Buffalo River Greenway, New York. Sec. 340. Sault Sainte Marie, Chippewa Sec. 422. Port of Newburgh, New York. protection. County, Michigan. Sec. 423. Port of New York-New Jersey sedi- Sec. 551. Durham, New Hampshire. Sec. 552. Hackensack Meadowlands area, Sec. 341. Stillwater, Minnesota. ment study. Sec. 342. Cape Girardeau, Missouri. Sec. 424. Port of New York-New Jersey navi- New Jersey. Sec. 553. Authorization of dredge material Sec. 343. New Madrid Harbor, Missouri. gation study. Sec. 344. St. John’s Bayou—New Madrid Sec. 425. Chagrin River, Ohio. containment facility for Port of Floodway, Missouri. Sec. 426. Cuyahoga River, Ohio. New York/New Jersey. Sec. 345. Joseph G. Minish Passaic River Sec. 427. Charleston, South Carolina, estu- Sec. 554. Hudson River habitat restoration, Park, New Jersey. ary. New York. Sec. 346. Molly Ann’s Brook, New Jersey. Sec. 428. Mustang Island, Corpus Christi, Sec. 555. Queens County, New York. Sec. 347. Passaic River, New Jersey. Texas. Sec. 556. New York Bight and Harbor study. Sec. 348. Ramapo River at Oakland, New Sec. 429. Prince William County, Virginia. Sec. 557. New York State Canal System. Jersey and New York. Sec. 430. Pacific region. Sec. 558. New York City Watershed. Sec. 349. Raritan Bay and Sandy Hook Bay, Sec. 431. Financing of infrastructure needs Sec. 559. Ohio River Greenway. Sec. 560. Northeastern Ohio. New Jersey. of small and medium ports. Sec. 350. Arthur Kill, New York and New Sec. 561. Grand Lake, Oklahoma. Jersey. TITLE V—MISCELLANEOUS PROVISIONS Sec. 562. Broad Top region of Pennsylvania. Sec. 351. Jones Inlet, New York. Sec. 501. Project deauthorizations. Sec. 563. Curwensville Lake, Pennsylvania. Sec. 352. Kill Van Kull, New York and New Sec. 502. Project reauthorizations. Sec. 564. Hopper Dredge McFarland. Jersey. Sec. 503. Continuation of authorization of Sec. 565. Philadelphia, Pennsylvania. Sec. 353. Wilmington Harbor-Northeast Cape certain projects. Sec. 566. Upper Susquehanna River Basin, Fear River, North Carolina. Sec. 504. Land conveyances. Pennsylvania and New York. Sec. 354. Garrison Dam, North Dakota. Sec. 505. Namings. Sec. 567. Seven Points Visitors Center, Sec. 355. Reno Beach-Howards Farm, Ohio. Sec. 506. Watershed management, restora- Raystown Lake, Pennsylvania. Sec. 356. Wister Lake, Oklahoma. tion, and development. Sec. 568. Southeastern Pennsylvania. Sec. 357. Bonneville Lock and Dam, Colum- Sec. 507. Lakes program. Sec. 569. Wills Creek, Hyndman, Pennsylva- bia River, Oregon and Washing- Sec. 508. Maintenance of navigation chan- nia. ton. nels. Sec. 570. Blackstone River Valley, Rhode Is- Sec. 358. Columbia River dredging, Oregon Sec. 509. Great Lakes remedial action plans land and Massachusetts. and Washington. and sediment remediation. Sec. 571. East Ridge, Tennessee. Sec. 359. Grays Landing Lock and Dam, Sec. 510. Great Lakes dredged material test- Sec. 572. Murfreesboro, Tennessee. Monongahela River, Pennsylva- ing and evaluation manual. Sec. 573. Buffalo Bayou, Texas. nia. Sec. 511. Great Lakes sediment reduction. Sec. 574. Harris County, Texas. Sec. 360. Lackawanna River at Scranton, Sec. 512. Great Lakes confined disposal fa- Sec. 575. San Antonio River, Texas. Pennsylvania. cilities. Sec. 576. Neabsco Creek, Virginia. July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8695 Sec. 577. Tangier Island, Virginia. and Reservoir (including any incremental Illinois, if such work is determined by the Sec. 578. Pierce County, Washington. power and water purchase costs incurred by Secretary to be a component of the project; Sec. 579. Washington Aqueduct. the Western Area Power Administration or and Sec. 580. Greenbrier River Basin, West Vir- the Bureau of Reclamation and any direc- (B) in constructing the breakwater near ginia, flood protection. tion, capital, and operation and maintenance the South Water Filtration Plant in Chicago, Sec. 581. Huntington, West Virginia. costs borne by either of such agencies). Not- Illinois. Sec. 582. Lower Mud River, Milton, West withstanding any contract or other agree- (10) KENTUCKY LOCK AND DAM, TENNESSEE Virginia. ment, the remaining 75 percent of the costs RIVER, KENTUCKY.—The project for naviga- Sec. 583. West Virginia and Pennsylvania for the variable flood control operation of tion, Kentucky Lock and Dam, Tennessee flood control. the Folsom Dam and Reservoir shall be the River, Kentucky: Report of the Chief of En- Sec. 584. Evaluation of beach material. responsibility of the United States and shall gineers, dated June 1, 1992, at a total cost of Sec. 585. National Center for be nonreimbursable. $393,200,000. The costs of construction of the (2) SAN LORENZO RIVER, SANTA CRUZ, CALI- Nanofabrication and Molecular project are to be paid 1⁄2 from amounts appro- Self-Assembly. FORNIA.—The project for flood control, San priated from the general fund of the Treas- Lorenzo River, Santa Cruz, California: Re- Sec. 586. Sense of Congress regarding St. ury and 1⁄2 from amounts appropriated from Lawrence Seaway tolls. port of the Chief of Engineers, dated June 30, the Inland Waterways Trust Fund. 1994, at a total cost of $21,800,000, with an es- Sec. 587. Prado Dam, California. (11) POND CREEK, JEFFERSON COUNTY, KEN- timated Federal cost of $10,900,000 and an es- TITLE VI—EXTENSION OF EXPENDITURE TUCKY.—The project for flood control, Pond timated non-Federal cost of $10,900,000. AUTHORITY UNDER HARBOR MAINTE- Creek, Jefferson County, Kentucky: Report (3) SANTA BARBARA HARBOR, CALIFORNIA.— NANCE TRUST FUND of the Chief of Engineers, dated June 28, 1994, The project for navigation, Santa Barbara at a total cost of $16,080,000, with an esti- SEC. 2. DEFINITION. Harbor, California: Report of the Chief of En- mated Federal cost of $10,993,000 and an esti- For purposes of this Act, the term ‘‘Sec- gineers, dated April 26, 1994, at a total cost of mated non-Federal cost of $5,087,000. retary’’ means the Secretary of the Army. $5,840,000, with an estimated Federal cost of (12) WOLF CREEK DAM AND LAKE CUM- $4,670,000 and an estimated non-Federal cost TITLE I—WATER RESOURCES PROJECTS BERLAND, KENTUCKY.—The project for hydro- of $1,170,000. SEC. 101. PROJECT AUTHORIZATIONS. power, Wolf Creek Dam and Lake Cum- (4) SANTA MONICA BREAKWATER, CALIFOR- (a) PROJECTS WITH CHIEF’S REPORTS.—Ex- berland, Kentucky: Report of the Chief of NIA.—The project for navigation and storm cept as provided in this section, the follow- damage reduction, Santa Monica Break- Engineers, dated June 28, 1994, at a total cost ing projects for water resources development water, Santa Monica, California: Report of of $53,763,000, with an estimated non-Federal and conservation and other purposes are au- the Chief of Engineers, dated June 7, 1996, at cost of $53,763,000. Funds derived by the Ten- thorized to be carried out by the Secretary a total cost of $6,440,000, with an estimated nessee Valley Authority from its power pro- substantially in accordance with the plans, Federal cost of $4,220,000 and an estimated gram and funds derived from any private or and subject to the conditions, described in non-Federal cost of $2,220,000. public entity designated by the Southeastern the respective reports designated in this sec- (5) MARIN COUNTY SHORELINE, SAN RAFAEL, Power Administration may be used to pay tion: CALIFORNIA.—The project for storm damage all or part of the costs of the project. (1) AMERICAN RIVER WATERSHED, CALIFOR- reduction, Marin County shoreline, San (13) PORT FOURCHON, LAFOURCHE PARISH, NIA.— Rafael, California: Report of the Chief of En- LOUISIANA.—A project for navigation, Belle (A) IN GENERAL.—The project for flood gineers, dated January 28, 1994, at a total Pass and Bayou Lafourche, Louisiana: Re- damage reduction, American and Sac- cost of $28,300,000, with an estimated Federal port of the Chief of Engineers, dated April 7, ramento Rivers, California: Supplemental cost of $18,400,000 and an estimated non-Fed- 1995, at a total cost of $4,440,000, with an esti- Information Report for the American River eral cost of $9,900,000. mated Federal cost of $2,300,000 and an esti- Watershed Project, California, dated March (6) HUMBOLDT HARBOR AND BAY, CALIFOR- mated non-Federal cost of $2,140,000. 1996, at a total cost of $57,300,000, with an es- NIA.—The project for navigation, Humboldt (14) WEST BANK OF THE MISSISSIPPI RIVER, timated Federal cost of $42,975,000 and an es- Harbor and Bay, California: Report of the NEW ORLEANS (EAST OF HARVEY CANAL), LOU- timated non-Federal cost of $14,325,000, con- Chief of Engineers, dated October 30, 1995, at ISIANA.—The project for hurricane damage sisting of the following: a total cost of $15,180,000, with an estimated reduction, West Bank of the Mississippi (i) Approximately 24 miles of slurry wall in Federal cost of $10,000,000 and an estimated River in the vicinity of New Orleans (East of the existing levees along the lower American non-Federal cost of $5,180,000. Harvey Canal), Louisiana: Report of the River. (7) ANACOSTIA RIVER AND TRIBUTARIES, DIS- Chief of Engineers, dated May 1, 1995, at a (ii) Approximately 12 miles of levee modi- TRICT OF COLUMBIA AND MARYLAND.—The total cost of $126,000,000, with an estimated fications along the east bank of the Sac- project for environmental restoration, Ana- Federal cost of $82,200,000 and an estimated ramento River downstream from the costia River and Tributaries, District of Co- non-Federal cost of $43,800,000. Natomas Cross Canal. lumbia and Maryland: Report of the Chief of (15) WOOD RIVER, GRAND ISLAND, NE- (iii) 3 telemeter streamflow gages up- Engineers, dated November 15, 1994, at a BRASKA.—The project for flood control, Wood stream from the Folsom Reservoir. total cost of $17,144,000, with an estimated River, Grand Island, Nebraska: Report of the (iv) Modifications to the existing flood Federal cost of $12,858,000 and an estimated Chief of Engineers, dated May 3, 1994, at a warning system along the lower American non-Federal cost of $4,286,000. total cost of $11,800,000, with an estimated River. (8) ATLANTIC INTRACOASTAL WATERWAY, ST. Federal cost of $6,040,000 and an estimated (B) CREDIT TOWARD NON-FEDERAL SHARE.— JOHNS COUNTY, FLORIDA.—The project for non-Federal cost of $5,760,000. The non-Federal sponsor shall receive credit navigation, Atlantic Intracoastal Waterway, (16) LAS CRUCES, NEW MEXICO.—The project toward the non-Federal share of the cost of St. Johns County, Florida: Report of the for flood control, Las Cruces, New Mexico: the project for expenses that the sponsor has Chief of Engineers, dated June 24, 1994, at a Report of the Chief of Engineers, dated June incurred for design and construction of any total Federal cost of $15,881,000. Operation, 24, 1996, at a total cost of $8,278,000, with an of the features authorized pursuant to this maintenance, repair, replacement, and reha- estimated Federal cost of $5,494,000 and an paragraph prior to the date on which Federal bilitation shall be a non-Federal responsibil- estimated non-Federal cost of $2,784,000. funds are appropriated for construction of ity and the non-Federal interest must as- (17) LONG BEACH ISLAND, NEW YORK.—The the project. The amount of the credit shall sume ownership of the bridge. project for storm damage reduction, Long be determined by the Secretary. (9) LAKE MICHIGAN, ILLINOIS.—The project Beach Island, New York: Report of the Chief (C) OPERATION OF FOLSOM DAM.—The Sec- for storm damage reduction and shoreline of Engineers, dated April 5, 1996, at a total retary of the Interior shall continue to oper- erosion protection, Lake Michigan, Illinois, cost of $72,090,000, with an estimated Federal ate the Folsom Dam and Reservoir to the from Wilmette, Illinois, to the Illinois-Indi- cost of $46,858,000 and an estimated non-Fed- variable 400,000/670,000 acre-feet of flood con- ana State line: Report of the Chief of Engi- eral cost of $25,232,000. trol storage capacity as an interim measure neers, dated April 14, 1994, at a total cost of (18) WILMINGTON HARBOR, CAPE FEAR RIVER, and extend the agreement between the Bu- $204,000,000, with an estimated Federal cost NORTH CAROLINA.—The project for naviga- reau of Reclamation and the Sacramento of $110,000,000 and an estimated non-Federal tion, Wilmington Harbor, Cape Fear and Area Flood Control Agency until such date cost of $94,000,000. The project shall include Northeast Cape Fear Rivers, North Carolina: as a comprehensive flood control plan for the the breakwater near the South Water Filtra- Report of the Chief of Engineers, dated June American River Watershed has been imple- tion Plant described in the report as a sepa- 24, 1994, at a total cost of $23,953,000, with an mented. rate element of the project, at a total cost of estimated Federal cost of $15,032,000 and an (D) RESPONSIBILITY OF NON-FEDERAL SPON- $11,470,000, with an estimated Federal cost of estimated non-Federal cost of $8,921,000. SOR.—The non-Federal sponsor shall be re- $7,460,000 and an estimated non-Federal cost (19) DUCK CREEK, CINCINNATI, OHIO.—The sponsible for all operation, maintenance, re- of $4,010,000. The Secretary shall reimburse project for flood control, Duck Creek, Cin- pair, replacement, and rehabilitation costs the non-Federal interest for the Federal cinnati, Ohio: Report of the Chief of Engi- associated with the improvements under- share of any costs incurred by the non-Fed- neers, dated June 28, 1994, at a total cost of taken pursuant to this paragraph, as well as eral interest— $15,947,000, with an estimated Federal cost of for 25 percent of the costs for the variable (A) in reconstructing the revetment struc- $11,960,000 and an estimated non-Federal cost flood control operation of the Folsom Dam tures protecting Solidarity Drive in Chicago, of $3,987,000. H8696 CONGRESSIONAL RECORD — HOUSE July 30, 1996

(20) WILLAMETTE RIVER TEMPERATURE CON- ceed with real estate acquisition in connec- (12) ABSECON ISLAND, NEW JERSEY.—The TROL, MCKENZIE SUBBASIN, OREGON.—The tion with the project expeditiously. project for storm damage reduction and project for environmental restoration, Wil- (b) PROJECTS WITH PENDING CHIEF’S RE- shoreline protection, Brigantine Inlet to lamette River Temperature Control, PORTS.—The following projects are author- Great Egg Harbor Inlet, Absecon Island, New McKenzie Subbasin, Oregon: Report of the ized to be carried out by the Secretary sub- Jersey, at a total cost of $52,000,000, with an Chief of Engineers, dated February 1, 1996, at stantially in accordance with a final report estimated Federal cost of $34,000,000 and an a total cost of $38,000,000, with an estimated of the Chief of Engineers if such report is estimated non-Federal cost of $18,000,000. Federal cost of $38,000,000. completed not later than December 31, 1996: (13) CAPE FEAR RIVER, NORTH CAROLINA.— (21) RIO GRANDE DE ARECIBO, PUERTO RICO.— (1) CHIGNIK, ALASKA.—The project for navi- The project for navigation, Cape Fear River The project for flood control, Rio Grande de gation, Chignik, Alaska, at a total cost of deepening, North Carolina, at a total cost of Arecibo, Puerto Rico: Report of the Chief of $10,365,000, with an estimated Federal cost of $210,264,000, with an estimated Federal cost Engineers, dated April 5, 1994, at a total cost $4,344,000 and an estimated non-Federal cost of $130,159,000, and an estimated non-Federal of $19,951,000, with an estimated Federal cost of $6,021,000. cost of $80,105,000. of $10,557,000 and an estimated non-Federal (2) COOK INLET, ALASKA.—The project for SEC. 102. SMALL FLOOD CONTROL PROJECTS. cost of $9,394,000. navigation, Cook Inlet, Alaska, at a total (a) PROJECT DESCRIPTIONS.—The Secretary HARLESTON HARBOR, SOUTH CARO- (22) C cost of $5,342,000, with an estimated Federal shall conduct a study for each of the follow- LINA.—The project for navigation, Charles- cost of $4,006,000 and an estimated non-Fed- ing projects and, if the Secretary determines ton Harbor Deepening and Widening, South eral cost of $1,336,000. that the project is feasible, shall carry out Carolina: Report of the Chief of Engineers, the project under section 205 of the Flood (3) ST. PAUL ISLAND HARBOR, ST. PAUL, dated July 18, 1996, at a total cost of Control Act of 1948 (33 U.S.C. 701s): ALASKA.—The project for navigation, St. $116,639,000, with an estimated Federal cost (1) SOUTH UPLAND, SAN BERNADINO COUNTY, Paul Harbor, St. Paul, Alaska, with an esti- of $72,798,000 and an estimated non-Federal CALIFORNIA.—Project for flood control, South mated total cost of $18,981,000, with an esti- cost of $43,841,000. Upland, San Bernadino County, California. mated Federal cost of $12,188,000 and an esti- (23) BIG SIOUX RIVER AND SKUNK CREEK, (2) BIRDS, LAWRENCE COUNTY, ILLINOIS.— mated non-Federal cost of $6,793,000. SIOUX FALLS, SOUTH DAKOTA.—The project for Project for flood control, Birds, Lawrence (4) NORCO BLUFFS, RIVERSIDE COUNTY, CALI- flood control, Big Sioux River and Skunk County, Illinois. FORNIA.—A project for bluff stabilization, Creek, Sioux Falls, South Dakota: Report of (3) BRIDGEPORT, LAWRENCE COUNTY, ILLI- Norco Bluffs, Riverside County, California, the Chief of Engineers, dated June 30, 1994, at NOIS.—Project for flood control, Bridgeport, a total cost of $34,600,000, with an estimated with an estimated total cost of $8,600,000, Lawrence County, Illinois. with an estimated Federal cost of $6,450,000 Federal cost of $25,900,000 and an estimated (4) EMBARRAS RIVER, VILLA GROVE, ILLI- and an estimated non-Federal cost of non-Federal cost of $8,700,000. NOIS.—Project for flood control, Embarras $2,150,000. (24) WATERTOWN, SOUTH DAKOTA.—The River, Villa Grove, Illinois. ORT OF LONG BEACH (DEEPENING) CALI project for flood control, Watertown and Vi- (5) P , - (5) FRANKFORT, WILL COUNTY, ILLINOIS.— cinity, South Dakota: Report of the Chief of FORNIA.—The project for navigation, Port of Project for flood control, Frankfort, Will Engineers, dated August 31, 1994, at a total Long Beach (Deepening), California, at a County, Illinois. cost of $18,000,000, with an estimated Federal total cost of $37,288,000, with an estimated (6) SUMNER, LAWRENCE COUNTY, ILLINOIS.— cost of $13,200,000 and an estimated non-Fed- Federal cost of $14,318,000 and an estimated Project for flood control, Sumner, Lawrence eral cost of $4,800,000. non-Federal cost of $22,970,000. County, Illinois. (25) GULF INTRACOASTAL WATERWAY, ARAN- (6) TERMINUS DAM, KAWEAH RIVER, CALIFOR- (7) VERMILLION RIVER, DEMANADE PARK, LA- SAS NATIONAL WILDLIFE REFUGE, TEXAS.—The NIA.—The project for flood damage reduction FAYETTE, LOUISIANA.—Project for non- project for navigation and environmental and water supply, Terminus Dam, Kaweah structural flood control, Vermillion River, preservation, Gulf Intracoastal Waterway, River, California, at a total estimated cost of Demanade Park, Lafayette, Louisiana. In Aransas National Wildlife Refuge, Texas: Re- $34,500,000, with an estimated Federal cost of carrying out the study and the project (if port of the Chief of Engineers, dated May 28, $20,200,000 and an estimated non-Federal cost any) under this paragraph, the Secretary 1996, at a total cost of $18,283,000, with an es- of $14,300,000. shall use relevant information from the La- timated Federal cost of $18,283,000. (7) REHOBOTH BEACH AND DEWEY BEACH, fayette Parish feasibility study and expedite (26) HOUSTON-GALVESTON NAVIGATION CHAN- DELAWARE.—A project for storm damage re- completion of the study under this para- NELS, TEXAS.—The project for navigation and duction and shoreline protection, Rehoboth graph. environmental restoration, Houston-Gal- Beach and Dewey Beach, Delaware, at a total (8) VERMILLION RIVER, QUAIL HOLLOW SUB- veston Navigation Channels, Texas: Report cost of $9,423,000, with an estimated first DIVISION, LAFAYETTE, LOUISIANA.—Project for of the Chief of Engineers, dated May 9, 1996, Federal cost of $6,125,000, and an estimated nonstructural flood control, Vermillion at a total initial construction cost of first non-Federal cost of $3,298,000, and an av- River, Quail Hollow Subdivision, Lafayette, $292,797,000, with an estimated Federal cost erage annual cost of $282,000 for periodic Louisiana. In carrying out the study and the of $210,891,000 and an estimated non-Federal nourishment over the 50-year life of the project (if any) under this paragraph, the cost of $81,906,000. The project shall include project, with an estimated annual Federal Secretary shall use relevant information deferred construction of additional environ- cost of $183,000 and an estimated annual non- from the Lafayette Parish feasibility study mental restoration features over the life of Federal cost of $99,000. and expedite completion of the study under the project, at a total average annual cost of (8) BREVARD COUNTY, FLORIDA.—The project this paragraph. $786,000, with an estimated Federal cost of for shoreline protection, Brevard County, (9) KAWKAWLIN RIVER, BAY COUNTY, MICHI- $590,000 and an estimated non-Federal cost of Florida, at a total first cost of $76,620,000, GAN.—Project for flood control, Kawkawlin $196,000. The construction of berthing areas with an estimated first Federal cost of River, Bay County, Michigan. and the removal of pipelines and other ob- $36,006,000, and an estimated first non-Fed- (10) WHITNEY DRAIN, ARENAC COUNTY, MICHI- structions that are necessary for the project eral cost of $40,614,000, and an average annual GAN.—Project for flood control, Whitney shall be accomplished at non-Federal ex- cost of $2,341,000 for periodic nourishment Drain, Arenac County, Michigan. pense. Non-Federal interests shall receive over the 50-year life of the project, with an (11) FESTUS AND CRYSTAL CITY, MISSOURI.— credit toward cash contributions required estimated annual Federal cost of $1,109,000 Project for flood control, Festus and Crystal during construction and subsequent to con- and an estimated annual non-Federal cost of City, Missouri. In carrying out the study and struction for design and construction man- $1,232,000. the project (if any) under this paragraph, the agement work that is performed by non-Fed- (9) MIAMI HARBOR CHANNEL, FLORIDA.—The Secretary shall use relevant information eral interests and that the Secretary deter- project for navigation, Miami Harbor Chan- from the existing reconnaissance study and mines is necessary to implement the project. nel, Miami, Florida, with an estimated total shall expedite completion of the study under (27) MARMET LOCK, KANAWHA RIVER, WEST cost of $3,221,000, with an estimated Federal this paragraph. VIRGINIA.—The project for navigation, cost of $1,800,000 and an estimated non-Fed- (12) KIMMSWICK, MISSOURI.—Project for Marmet Lock, Kanawha River, West Vir- eral cost of $1,421,000. flood control, Kimmswick, Missouri. In car- ginia: Report of the Chief of Engineers, dated (10) NORTH WORTH INLET, FLORIDA.—The rying out the study and the project (if any) June 24, 1994, at a total cost of $229,581,000. project for navigation and shoreline protec- under this paragraph, the Secretary shall use The costs of construction of the project are tion, Lake Worth Inlet, Palm Beach Harbor, relevant information from the existing re- to be paid 1⁄2 from amounts appropriated Florida, at a total cost of $3,915,000, with an connaissance study and shall expedite com- from the general fund of the Treasury and 1⁄2 estimated Federal cost of $1,762,000 and an pletion of the study under this paragraph. from amounts appropriated from the Inland estimated non-Federal cost of $2,153,000. (13) RIVER DES PERES, ST. LOUIS COUNTY, Waterways Trust Fund. In conducting any (11) LOWER SAVANNAH RIVER BASIN, SAVAN- MISSOURI.—Project for flood control, River real estate acquisition activities with re- NAH RIVER, GEORGIA AND SOUTH CAROLINA.— Des Peres, St. Louis County, Missouri. In spect to the project, the Secretary shall give The project for navigation and related pur- carrying out the study and the project (if priority consideration to those individuals poses, Lower Savannah River Basin, Savan- any), the Secretary shall determine the fea- who would be directly affected by any phys- nah River, Georgia and South Carolina, at a sibility of potential flood control measures, ical displacement due to project design and total cost of $3,419,000, with an estimated consider potential storm water runoff and re- shall consider the financial circumstances of Federal cost of $2,551,000, and an estimated lated improvements, and cooperate with the such individuals. The Secretary shall pro- non-Federal cost of $868,000. Metropolitan St. Louis Sewer District. July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8697

(14) BUFFALO CREEK, ERIE COUNTY, NEW (1) AKUTAN, ALASKA.—Project for naviga- SEC. 107. SMALL PROJECTS FOR IMPROVEMENT YORK.—Project for flood control, Buffalo tion, Akutan, Alaska, consisting of a bulk- OF THE ENVIRONMENT. Creek, Erie County, New York. head and a wave barrier, including applica- The Secretary shall conduct a study for (15) CAZENOVIA CREEK, ERIE COUNTY, NEW tion of innovative technology involving use each of the following projects and, if the Sec- YORK.—Project for flood control, Cazenovia of a permeable breakwater. retary determines that the project is appro- Creek, Erie County, New York. (2) GRAND MARAIS HARBOR BREAKWATER, priate, shall carry out the project under sec- (16) CHEEKTOWAGA, ERIE COUNTY, NEW MICHIGAN.—Project for navigation, Grand tion 1135(a) of the Water Resources Develop- YORK.—Project for flood control, Marais Harbor breakwater, Michigan. ment Act of 1986 (33 U.S.C. 2309(a)): Cheektowaga, Erie County, New York. (3) DULUTH, MINNESOTA.—Project for navi- (1) UPPER TRUCKEE RIVER, EL DORADO COUN- (17) FULMER CREEK, VILLAGE OF MOHAWK, gation, Duluth, Minnesota. TY, CALIFORNIA.—Project for environmental NEW YORK.—Project for flood control, Fulmer (4) TACONITE, MINNESOTA.—Project for navi- restoration, Upper Truckee River, El Dorado Creek, Village of Mohawk, New York. gation, Taconite, Minnesota. County, California, including measures for (18) MOYER CREEK, VILLAGE OF FRANKFORT, (5) TWO HARBORS, MINNESOTA.—Project for restoration of degraded wetlands and wildlife NEW YORK.—Project for flood control, Moyer navigation, Two Harbors, Minnesota. enhancement. Creek, Village of Frankfort, New York. (6) CARUTHERSVILLE HARBOR, PEMISCOT (2) SAN LORENZO RIVER, CALIFORNIA.— (19) SAUQUOIT CREEK, WHITESBORO, NEW COUNTY, MISSOURI.—Project for navigation, Project for habitat restoration, San Lorenzo YORK.—Project for flood control, Sauquoit Caruthersville Harbor, Pemiscot County, River, California. Creek, Whitesboro, New York. Missouri, including enlargement of the exist- (3) WHITTIER NARROWS DAM, CALIFORNIA.— (20) STEELE CREEK, VILLAGE OF ILION, NEW ing harbor and bank stabilization measures. Project for environmental restoration and YORK.—Project for flood control, Steele (7) NEW MADRID COUNTY HARBOR, MIS- remediation of contaminated water sources, Creek, Village of Ilion, New York. SOURI.—Project for navigation, New Madrid Whittier Narrows Dam, California. (21) WILLAMETTE RIVER, OREGON.—Project County Harbor, Missouri, including enlarge- (4) UPPER JORDAN RIVER, SALT LAKE COUN- for nonstructural flood control, Willamette ment of the existing harbor and bank sta- TY, UTAH.—Project for channel restoration River, Oregon, including floodplain and eco- bilization measures. and environmental improvement, Upper Jor- system restoration. (8) BROOKLYN, NEW YORK.—Project for navi- dan River, Salt Lake County, Utah. (22) GREENBRIER RIVER BASIN, WEST VIR- gation, Brooklyn, New York, including res- SEC. 108. PROJECT TO MITIGATE SHORE DAM- GINIA.—Project for flood control, consisting toration of the pier and related navigation AGE. of an early flood warning system, Greenbrier support structures, at the Sixty-Ninth The Secretary shall expedite the Assateague Island restoration feature of the River Basin, West Virginia. Street Pier. (b) COST ALLOCATIONS.— Ocean City, Maryland, and vicinity study (9) BUFFALO INNER HARBOR, BUFFALO, NEW (1) LAKE ELSINORE, CALIFORNIA.—The maxi- and, if the Secretary determines that the YORK.—Project for navigation, Buffalo Inner mum amount of Federal funds that may be Federal navigation project has contributed Harbor, Buffalo, New York. allotted under section 205 of the Flood Con- to degradation of the shoreline, the Sec- (10) GLENN COVE CREEK, NEW YORK.—Project trol Act of 1948 (33 U.S.C. 701s) for the project retary shall carry out the project for shore- for navigation, Glenn Cove Creek, New York, for flood control, Lake Elsinore, Riverside line restoration under section 111 of the including bulkheading. County, California, shall be $7,500,000. River and Harbor Act of 1968 (82 Stat. 735); (11) UNION SHIP CANAL, BUFFALO AND LACKA- (2) LOST CREEK, COLUMBUS, NEBRASKA.—The except that the maximum amount of Federal WANNA, NEW YORK.—Project for navigation, maximum amount of Federal funds that may funds that may be allotted by the Secretary Union Ship Canal, Buffalo and Lackawanna, be allotted under such section 205 for the for the project shall be $35,000,000. In carry- New York. project for flood control, Lost Creek, Colum- ing out the project, the Secretary shall co- bus, Nebraska, shall be $5,500,000. SEC. 105. SMALL SHORELINE PROTECTION ordinate with affected Federal and State (3) REVISION OF PROJECT COOPERATION PROJECTS. agencies and shall enter into an agreement AGREEMENT.—The Secretary shall revise the (a) PROJECT AUTHORIZATIONS.—The Sec- with the Federal property owner to deter- project cooperation agreement for the retary shall conduct a study for each of the mine the allocation of the project costs. projects referred to in paragraphs (1) and (2) following projects, and if the Secretary de- TITLE II—GENERALLY APPLICABLE in order to take into account the change in termines that the project is feasible, shall PROVISIONS the Federal participation in such projects carry out the project under section 3 of the SEC. 201. COST SHARING FOR DREDGED MATE- pursuant to such paragraphs. Shoreline Protection Act of August 13, 1946 RIAL DISPOSAL AREAS. (4) COST SHARING.—Nothing in this sub- (33 U.S.C. 426g): (a) CONSTRUCTION.—Section 101(a) of the section shall be construed to affect any cost- (1) FAULKNER’S ISLAND, CONNECTICUT.— Water Resources Development Act of 1986 (33 sharing requirement applicable to the Project for shoreline protection, Faulkner’s U.S.C. 2211(a); 100 Stat. 4082–4083) is amend- project referred to in paragraph (1) under the Island, Connecticut; except that the maxi- ed— Water Resources Development Act of 1986. mum amount of Federal funds that may be (1) by striking the last sentence of para- SEC. 103. SMALL BANK STABILIZATION allotted for the project shall be $4,500,000. graph (2) and inserting the following: ‘‘The PROJECTS. (2) FORT PIERCE, FLORIDA.—Project for 1 value of lands, easements, rights-of-way, and The Secretary shall conduct a study for mile of additional shoreline protection, Fort relocations provided under paragraph (3) and each of the following projects and, if the Sec- Pierce, Florida. the costs of relocations borne by the non- retary determines that the project is fea- (3) ORCHARD BEACH, BRONX, NEW YORK.— Federal interests under paragraph (4) shall sible, shall carry out the project under sec- Project for shoreline protection, Orchard be credited toward the payment required tion 14 of the Flood Control Act of 1946 (33 Beach, Bronx, New York, New York; except under this paragraph.’’; U.S.C. 701r): that the maximum amount of Federal funds (2) in paragraph (3)— (1) ST. JOSEPH RIVER, INDIANA.—Project for that may be allotted for the project shall be (A) by inserting ‘‘and’’ after ‘‘rights-of- bank stabilization, St. Joseph River, South $5,200,000. way,’’; Bend, Indiana, including recreation and pe- (4) SYLVAN BEACH BREAKWATER, VERONA, (B) by striking ‘‘, and dredged material dis- destrian access features. ONEIDA COUNTY, NEW YORK.—Project for posal areas’’; and (2) ALLEGHENY RIVER AT OIL CITY, PENN- shoreline protection, Sylvan Beach break- (C) by inserting ‘‘, including any lands, SYLVANIA.—Project for bank stabilization to water, Verona, Oneida County, New York. easements, rights-of-way, and relocations address erosion problems affecting the pipe- (other than utility relocations accomplished (b) COST SHARING AGREEMENT.—In carrying line crossing the Allegheny River at Oil City, out the project authorized by subsection under paragraph (4)) that are necessary for Pennsylvania, including measures to address (a)(1), the Secretary shall enter into an dredged material disposal facilities’’ before erosion affecting the pipeline in the bed of agreement with the property owner to deter- the period at the end of such paragraph; and the Allegheny River and its adjacent banks. mine the allocation of the project costs. (3) by adding at the end the following: (3) CUMBERLAND RIVER, NASHVILLE, TEN- ‘‘(5) DREDGED MATERIAL DISPOSAL FACILI- NESSEE.—Project for bank stabilization, SEC. 106. SMALL SNAGGING AND SEDIMENT RE- TIES FOR PROJECT CONSTRUCTION.—For pur- Cumberland River, Nashville, Tennessee. MOVAL PROJECT, MISSISSIPPI poses of this subsection, the term ‘general RIVER, LITTLE FALLS, MINNESOTA. (4) TENNESSEE RIVER, HAMILTON COUNTY, navigation features’ includes constructed TENNESSEE.—Project for bank stabilization, The Secretary shall conduct a study for a land-based and aquatic dredged material dis- Tennessee River, Hamilton County, Ten- project for clearing, snagging, and sediment posal facilities that are necessary for the dis- nessee; except that the maximum amount of removal, East Bank of the Mississippi River, posal of dredged material required for Federal funds that may be allotted for the Little Falls, Minnesota, including removal of project construction and for which a con- project shall be $7,500,000. sediment from culverts. The study shall in- tract for construction has not been awarded SEC. 104. SMALL NAVIGATION PROJECTS. clude a determination of the adequacy of on or before the date of the enactment of The Secretary shall conduct a study for culverts to maintain flows through the chan- this paragraph.’’. each of the following projects and, if the Sec- nel. If the Secretary determines that the (b) OPERATION AND MAINTENANCE.—Section retary determines that the project is fea- project is feasible, the Secretary shall carry 101(b) of such Act (33 U.S.C. 2211(b); 100 Stat. sible, shall carry out the project under sec- out the project under section 3 of the River 4083) is amended— tion 107 of the River and Harbor Act of 1960 and Harbor Act of March 2, 1945 (33 U.S.C. (1) by inserting ‘‘(1) IN GENERAL.—’’ before (33 U.S.C. 577): 603a; 59 Stat. 23). ‘‘The Federal’’; H8698 CONGRESSIONAL RECORD — HOUSE July 30, 1996 (2) by indenting and moving paragraph (1), this section) shall increase, or result in the entered into a project cooperation agree- as designated by paragraph (1) of this sub- increase of, the non-Federal share of the ment on or before the date of the enactment section, 2 ems to the right; costs of— of this Act. (3) by striking ‘‘pursuant to this Act’’ and (1) any dredged material disposal facility (B) AMENDMENT OF COOPERATION AGREE- inserting ‘‘by the Secretary pursuant to this authorized before the date of the enactment MENT.—If requested by the non-Federal in- Act or any other law approved after the date of this Act, including any facility authorized terest, the Secretary shall amend a project of the enactment of this Act’’; and by section 123 of the River and Harbor Act of cooperation agreement executed on or before (4) by adding at the end thereof the follow- 1970 (84 Stat. 1823); or the date of the enactment of this Act to re- ing: (2) any dredged material disposal facility flect the application of the amendment made ‘‘(2) DREDGED MATERIAL DISPOSAL FACILI- that is necessary for the construction or by paragraph (1) to any project for which a TIES.—The Federal share of the cost of con- maintenance of a project authorized before contract for construction has not been structing land-based and aquatic dredged the date of the enactment of this Act. awarded on or before such date of enactment. material disposal facilities that are nec- SEC. 202. FLOOD CONTROL POLICY. (C) NON-FEDERAL OPTION.—If requested by the non-Federal interest, the Secretary shall essary for the disposal of dredged material (a) FLOOD CONTROL COST SHARING.— apply the criteria and procedures established required for the operation and maintenance (1) INCREASED NON-FEDERAL CONTRIBU- pursuant to section 103(m) of the Water Re- of a project and for which a contract for con- TIONS.—Subsections (a) and (b) of section 103 sources Development Act of 1986 as in effect struction has not been awarded on or before of the Water Resources Development Act of on the day before the date of the enactment the date of the enactment of this paragraph 1986 (33 U.S.C. 2213(a) and (b)) are each of this Act for projects that are authorized shall be determined in accordance with sub- amended by striking ‘‘25 percent’’ each place before the date of the enactment of this Act. section (a). The Federal share of operating it appears and inserting ‘‘35 percent’’. (c) FLOOD PLAIN MANAGEMENT PLANS.— and maintaining such facilities shall be de- (2) APPLICABILITY.—The amendments made (1) IN GENERAL.—Section 402 of such Act (33 termined in accordance with paragraph (1).’’. by paragraph (1) shall apply to any project (c) AGREEMENT.—Section 101(e)(1) of such U.S.C. 701b–12; 100 Stat. 4133) is amended to authorized after the date of the enactment of read as follows: Act (33 U.S.C. 2211(e)(1); 100 Stat. 4083) is this Act and to any flood control project ‘‘SEC. 402. FLOOD PLAIN MANAGEMENT REQUIRE- amended by striking ‘‘and to provide dredged which is not specifically authorized by Con- material disposal areas and perform’’ and in- MENTS. gress for which a Detailed Project Report is ‘‘(a) COMPLIANCE WITH FLOOD PLAIN MAN- serting ‘‘including those necessary for approved after such date of enactment or, in dredged material disposal facilities, and to AGEMENT AND INSURANCE PROGRAMS.—Before the case of a project for which no Detailed construction of any project for local flood perform’’. Project Report is prepared, construction is (d) CONSIDERATION OF FUNDING REQUIRE- protection or any project for hurricane or initiated after such date of enactment. MENTS AND EQUITABLE APPORTIONMENT.—Sec- storm damage reduction and involving Fed- (b) ABILITY TO PAY.— tion 101 of such Act (33 U.S.C. 2211; 100 Stat. eral assistance from the Secretary, the non- N GENERAL.—Section 103(m) of such Act 4082–4084) is further amended by adding at (1) I Federal interest shall agree to participate in the end the following: (33 U.S.C. 2213(m)) is amended to read as fol- and comply with applicable Federal flood ‘‘(f) CONSIDERATION OF FUNDING REQUIRE- lows: plain management and flood insurance pro- MENTS AND EQUITABLE APPORTIONMENT.—The ‘‘(m) ABILITY TO PAY.— grams. Secretary shall ensure, to the extent prac- ‘‘(1) IN GENERAL.—Any cost-sharing agree- ‘‘(b) FLOOD PLAIN MANAGEMENT PLANS.— ticable, that— ment under this section for flood control or Within 1 year after the date of signing a ‘‘(1) funding necessary for operation and agricultural water supply shall be subject to project cooperation agreement for construc- maintenance dredging of commercial naviga- the ability of a non-Federal interest to pay. tion of a project to which subsection (a) ap- plies, the non-Federal interest shall prepare tion harbors is provided before Federal funds ‘‘(2) CRITERIA AND PROCEDURES.—The abil- a flood plain management plan designed to are obligated for payment of the Federal ity of any non-Federal interest to pay shall reduce the impacts of future flood events in share of costs associated with construction be determined by the Secretary in accord- the project area. Such plan shall be imple- of dredged material disposal facilities in ac- ance with criteria and procedures in effect mented by the non-Federal interest not later cordance with subsections (a) and (b); on the day before the date of the enactment of the Water Resources Development Act of than 1 year after completion of construction ‘‘(2) funds expended for such construction of the project. are equitably apportioned in accordance with 1996; except that such criteria and proce- dures shall be revised within 6 months after ‘‘(c) GUIDELINES.— regional needs; and ‘‘(1) IN GENERAL.—Within 6 months after ‘‘(3) the Secretary’s participation in the the date of such enactment to reflect the re- quirements of paragraph (3). the date of the enactment of this subsection, construction of dredged material disposal fa- the Secretary shall develop guidelines for ‘‘(3) REVISION OF PROCEDURES.—In revising cilities does not result in unfair competition preparation of flood plain management plans procedures pursuant to paragraph (1), the with potential private sector providers of by non-Federal interests under subsection Secretary— such facilities.’’. (b). Such guidelines shall address potential ‘‘(A) shall consider— (e) ELIGIBLE OPERATIONS AND MAINTENANCE measures, practices and policies to reduce ‘‘(i) per capita income data for the county DEFINED.—Section 214(2) of such Act (33 loss of life, injuries, damages to property and or counties in which the project is to be lo- U.S.C. 2241; 100 Stat. 4108) is amended— facilities, public expenditures, and other ad- cated; and (1) in subparagraph (A)— verse impacts associated with flooding and ‘‘(ii) the per capita non-Federal cost of (A) by inserting ‘‘Federal’’ after ‘‘means to preserve and enhance natural flood plain construction of the project for the county or all’’; values. counties in which the project is to be lo- (B) by inserting ‘‘(i)’’ after ‘‘including’’; ‘‘(2) LIMITATION ON STATUTORY CONSTRUC- cated; and TION.—Nothing in this subsection shall be (C) by inserting before the period at the ‘‘(B) shall not consider criteria (other than construed to confer any regulatory authority end the following: ‘‘; (ii) the construction of criteria described in subparagraph (A)) in ef- upon the Secretary. dredged material disposal facilities that are fect on the day before the date of the enact- ‘‘(d) TECHNICAL SUPPORT.—The Secretary is necessary for the operation and maintenance ment of the Water Resources Development authorized to provide technical support to a of any harbor or inland harbor; (iii) dredging Act of 1996; and non-Federal interest for a project to which and disposing of contaminated sediments ‘‘(C) may consider additional criteria relat- subsection (a) applies for the development which are in or which affect the maintenance ing to the non-Federal interest’s financial and implementation of plans prepared under of Federal navigation channels; (iv) mitigat- ability to carry out its cost-sharing respon- subsection (b).’’. ing for impacts resulting from Federal navi- sibilities, to the extent that the application (2) APPLICABILITY.—The amendment made gation operation and maintenance activities; of such criteria does not eliminate areas by paragraph (1) shall apply to any project or and (v) operating and maintaining dredged from eligibility for a reduction in the non- separable element thereof with respect to material disposal facilities’’; and Federal share as determined under subpara- which the Secretary and the non-Federal in- (2) in subparagraph (C) by striking ‘‘rights- graph (A). terest have not entered into a project co- of-way, or dredged material disposal areas,’’ ‘‘(4) NON-FEDERAL SHARE.—Notwithstand- operation agreement on or before the date of and inserting ‘‘or rights-of-way,’’. ing subsection (a), the Secretary shall reduce the enactment of this Act. (f) AMENDMENT OF COOPERATION AGREE- or eliminate the requirement that a non- (d) NON-STRUCTURAL FLOOD CONTROL POL- MENT.—If requested by the non-Federal in- Federal interest make a cash contribution ICY.— terest, the Secretary shall amend a project for any project that is determined to be eli- (1) REVIEW.—The Secretary shall conduct a cooperation agreement executed on or before gible for a reduction in the non-Federal review of policies, procedures, and tech- the date of the enactment of this Act to re- share under procedures in effect under para- niques relating to the evaluation and devel- flect the application of the amendments graphs (1), (2), and (3).’’. opment of flood control measures with a made by this section to any project for (2) APPLICABILITY.— view toward identifying impediments that which a contract for construction has not (A) GENERALLY.—Subject to subparagraph may exist to justifying non-structural flood been awarded on or before such date of en- (C), the amendment made by paragraph (1) control measures as alternatives to struc- actment. shall apply to any project, or separable ele- tural measures. (g) SAVINGS CLAUSE.—Nothing in this sec- ment thereof, with respect to which the Sec- (2) REPORT.—Not later than 1 year after tion (including the amendments made by retary and the non-Federal interest have not the date of the enactment of this Act, the July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8699 Secretary shall transmit to Congress a re- terests for funds previously contributed for a ‘‘(4) Mahoning River, Ohio. port on the findings on the review conducted study. ‘‘(5) Lower Fox River, Wisconsin.’’. under this subsection, together with any rec- SEC. 204. RESTORATION OF ENVIRONMENTAL SEC. 206. AQUATIC ECOSYSTEM RESTORATION. ommendations for modifying existing law to QUALITY. (a) GENERAL AUTHORITY.—The Secretary is remove any impediments identified under (a) REVIEW OF PROJECTS.—Section 1135(a) authorized to carry out aquatic ecosystem such review. of the Water Resources Development Act of restoration and protection projects when the (e) EMERGENCY RESPONSE.—Section 5(a)(1) 1986 (33 U.S.C. 2309a(a)) is amended— Secretary determines that such projects will of the Act entitled ‘‘An Act authorizing the (1) by striking ‘‘the operation of’’; and improve the quality of the environment and construction of certain public works on riv- (2) by inserting before the period at the end are in the public interest and that the envi- ers and harbors for flood control, and for the following: ‘‘and to determine if the oper- ronmental and economic benefits, both mon- other purposes’’, approved August 18, 1941 (33 ation of such projects has contributed to the etary and nonmonetary, of the project to be U.S.C. 701n(a)(1)), is amended by inserting degradation of the quality of the environ- undertaken pursuant to this section justify before the first semicolon the following: ‘‘, or ment’’. the cost. in implementation of nonstructural alter- (b) PROGRAM OF PROJECTS.—Section 1135(b) (b) COST SHARING.—Non-Federal interests natives to the repair or restoration of such of such Act is amended by striking the last shall provide 50 percent of the cost of con- flood control work if requested by the non- 2 sentences of subsection (b). struction of any project carried out under Federal sponsor’’. (c) RESTORATION OF ENVIRONMENTAL QUAL- this section, including provision of all lands, (f) NONSTRUCTURAL ALTERNATIVES.—Sec- ITY.—Section 1135 of such Act is further easements, rights-of-way, and necessary re- tion 73 of the Water Resources Development amended— locations. Act of 1974 (33 U.S.C. 701b–11; 88 Stat. 32) is (1) by redesignating subsections (c), (d), (c) AGREEMENTS.—Construction of a amended by striking subsection (a) and in- and (e) as subsections (e), (f), and (g), respec- project under this section shall be initiated serting the following: tively; only after a non-Federal interest has entered ‘‘(a) In the survey, planning, or design by (2) by inserting after subsection (b) the fol- into a binding agreement with the Secretary any Federal agency of any project involving lowing new subsections: to pay the non-Federal share of the costs of construction required by this section and to flood protection, such agency, with a view ‘‘(c) RESTORATION OF ENVIRONMENTAL pay 100 percent of any operation, mainte- toward formulating the most economically, QUALITY.—If the Secretary determines that socially, and environmentally acceptable construction of a water resource project by nance, and replacement and rehabilitation means of reducing or preventing flood dam- the Secretary or operation of a water re- costs with respect to the project in accord- ages, shall consider and address in adequate sources project constructed by the Secretary ance with regulations prescribed by the Sec- detail nonstructural alternatives, including has contributed to the degradation of the retary. (d) COST LIMITATION.—Not more than measures that may be implemented by oth- quality of the environment, the Secretary $5,000,000 in Federal funds may be allotted ers, to prevent or reduce flood damages. may undertake measures for restoration of under this section for a project at any single Such alternatives may include watershed environmental quality and measures for en- locality. management, wetlands restoration, ele- hancement of environmental quality that (e) FUNDING.—There is authorized to be ap- vation or flood proofing of structures, flood- are associated with the restoration, either propriated not to exceed $25,000,000 annually plain regulation, relocation, and acquisition through modifications at the project site or to carry out this section. of floodplain lands for recreational, fish and at other locations that have been affected by wildlife, and other public purposes.’’. SEC. 207. BENEFICIAL USES OF DREDGED MATE- the construction or operation of the project, RIAL. SEC. 203. FEASIBILITY STUDY COST-SHARING. if such measures do not conflict with the au- Section 204 of the Water Resources Devel- (a) NON-FEDERAL SHARE.—Section 105(a)(1) thorized project purposes. opment Act of 1992 (106 Stat. 4826) is amend- of the Water Resources Development Act of ‘‘(d) NON-FEDERAL SHARE; LIMITATION ON ed— 1986 (33 U.S.C. 2215(a)(1)) is amended— MAXIMUM FEDERAL EXPENDITURE.—The non- (1) by redesignating subsection (e) as sub- (1) in the first sentence, by striking ‘‘dur- Federal share of the cost of any modifica- section (f); and ing the period of such study’’; tions or measures carried out or undertaken (2) by inserting after subsection (d) the fol- (2) by inserting after the first sentence the pursuant to subsection (b) or (c) of this sec- lowing: following: ‘‘During the period of the study, tion shall be 25 percent. Not more than 80 ‘‘(e) SELECTION OF DREDGED MATERIAL DIS- the non-Federal share of the cost of the percent of the non-Federal share may be in POSAL METHOD.—In developing and carrying study shall be not more than 50 percent of kind, including a facility, supply, or service out a project for navigation involving the the estimate of the cost of the study as con- that is necessary to carry out the modifica- disposal of dredged material, the Secretary tained in the feasibility cost-sharing agree- tion. No more than $5,000,000 in Federal funds may select, with the consent of the non-Fed- ment. The cost estimate may be amended may be expended on any single modification eral interest, a disposal method that is not only by mutual agreement of the Secretary or measure carried out or undertaken pursu- the least-cost option if the Secretary deter- and the non-Federal interests. The non-Fed- ant to this section.’’; and mines that the incremental costs of such dis- eral share of any costs in excess of the cost (3) in subsection (f), as so redesignated, by posal method are minimal and that the bene- estimate shall, except as otherwise mutually striking ‘‘program conducted under sub- fits to the aquatic environment to be derived agreed by the Secretary and the non-Federal section (b)’’ and inserting ‘‘programs con- from such disposal method, including the interests, be payable after the project has ducted under subsections (b) and (c)’’. creation of wetlands and control of shoreline been authorized for construction and on the (d) DEFINITION.—Section 1135 of such Act is erosion, justify its selection. The Federal date on which the Secretary and non-Federal further amended by adding at the end the share of such incremental costs shall be de- interests enter into an agreement pursuant following: termined in accordance with subsection to section 101(e) or 103(j). In the event the ‘‘(h) DEFINITION.—In this section the term (c).’’. project which is the subject of the study is ‘water resources project constructed by the SEC. 208. RECREATION POLICY AND USER FEES. not authorized within the earlier of 5 years Secretary’ includes a water resources project (a) RECREATION POLICIES.— of the date of the final report of the Chief of constructed or funded jointly by the Sec- (1) IN GENERAL.—The Secretary shall pro- Engineers concerning such study or 2 years retary and the head of any other Federal vide increased emphasis on and opportunities of the date of termination of the study, the agency (including the Natural Resources for recreation at water resources projects op- non-Federal share of any such excess costs Conservation Service).’’. erated, maintained, or constructed by the shall be paid to the United States on the last SEC. 205. ENVIRONMENTAL DREDGING. Corps of Engineers. day of such period.’’; and Section 312 of the Water Resources Devel- (2) REPORT.—Not later than 2 years after (3) in the second sentence, by striking opment Act of 1990 (104 Stat. 4639–4640) is the date of the enactment of this Act, the ‘‘such non-Federal contribution’’ and insert- amended— Secretary shall transmit to Congress a re- ing ‘‘the non-Federal share required under (1) in each of subsections (a), (b), and (c) by port on specific measures taken to imple- this paragraph’’. inserting ‘‘and remediate’’ after ‘‘remove’’ ment this subsection. (b) APPLICABILITY.—The amendments made each place it appears; (b) RECREATION USER FEES.—Section 210(b) by subsection (a) shall apply notwithstand- (2) in subsection (b)(1) by inserting ‘‘and of the Flood Control Act of 1968 (16 U.S.C. ing any feasibility cost-sharing agreement remediation’’ after ‘‘removal’’ each place it 460d–3(b)) is amended by adding at the end entered into by the Secretary and non-Fed- appears; the following: eral interests. Upon request of the non-Fed- (3) in subsection (b)(2) by striking ‘‘(5) USE OF FEES COLLECTED AT FACILITY.— eral interest, the Secretary shall amend any ‘‘$10,000,000’’ and inserting ‘‘$30,000,000’’; and Subject to advance appropriations, the Sec- feasibility cost-sharing agreements in effect (4) by striking subsection (f) and inserting retary of the Army shall ensure that at least on the date of enactment of this Act so as to the following: an amount equal to the total amount of fees conform the agreements with the amend- ‘‘(f) In carrying out this section, the Sec- collected at any project under this sub- ments. retary shall give priority to work in the fol- section in a fiscal year beginning after Sep- (c) LIMITATION ON STATUTORY CONSTRUC- lowing areas: tember 30, 1996, are expended in the succeed- TION.—Nothing in this section or any amend- ‘‘(1) Brooklyn Waterfront, New York. ing fiscal year at such project for operation ment made by this section shall require the ‘‘(2) Buffalo Harbor and River, New York. and maintenance of recreational facilities at Secretary to reimburse the non-Federal in- ‘‘(3) Ashtabula River, Ohio. such project.’’. H8700 CONGRESSIONAL RECORD — HOUSE July 30, 1996

SEC. 209. RECOVERY OF COSTS. (2) PERMITS.—Any plan of improvement (1) BERRYESSA CREEK, CALIFORNIA.—The Amounts recovered under section 107 of the proposed to be implemented in accordance Berryessa Creek element of the project for Comprehensive Environmental Response, with this subsection shall be deemed to sat- flood control, Coyote and Berryessa Creeks, Compensation, and Liability Act of 1980 (42 isfy the requirements for obtaining the ap- California, authorized by section 101(a)(5) of U.S.C. 9607) for any response action taken by propriate permits required under the Sec- the Water Resources Development Act of the Secretary in support of the Army Civil retary’s authority and such permits shall be 1990 (104 Stat. 4606); except that, subject to Works program and any other amounts re- granted subject to the non-Federal interest’s the approval of the Secretary as provided by covered by the Secretary from a contractor, acceptance of the terms and conditions of this section, the non-Federal interest may insurer, surety, or other person to reimburse such permits if the Secretary determines design and construct an alternative to such the Army for any expenditure for environ- that the applicable regulatory criteria and element. mental response activities in support of the procedures have been satisfied. (2) LOS ANGELES COUNTY DRAINAGE AREA, Army civil works program shall be credited (3) MONITORING.—The Secretary shall mon- CALIFORNIA.—The project for flood control, to the appropriate trust fund account from itor any project for which a permit is grant- Los Angeles County Drainage Area, Califor- which the cost of such response action has ed under this subsection in order to ensure nia, authorized by section 101(b) of the Water been paid or will be charged. that such project is constructed, operated, Resources Development Act of 1990 (104 Stat. SEC. 210. COST SHARING OF ENVIRONMENTAL and maintained in accordance with the 4611). PROJECTS. terms and conditions of such permit. (3) STOCKTON METROPOLITAN AREA, CALIFOR- (a) IN GENERAL.—Section 103(c) of the (e) REIMBURSEMENT.— NIA.—The project for flood control, Stockton Water Resources Development Act of 1986 (33 (1) GENERAL RULE.—Subject to appropria- Metropolitan Area, California. U.S.C. 2213(c)) is amended— tion Acts, the Secretary is authorized to re- (4) UPPER GUADALUPE RIVER, CALIFORNIA.— (1) by striking ‘‘and’’ at the end of para- imburse any non-Federal interest an amount The project for flood control, Upper Guada- graph (5); equal to the estimate of the Federal share, lupe River, California. (2) by striking the period at the end of without interest, of the cost of any author- (5) BRAYS BAYOU, TEXAS.—Flood control paragraph (6) and inserting ‘‘; and’’; and ized flood control project, or separable ele- components comprising the Brays Bayou ele- (3) by inserting after paragraph (6) the fol- ment thereof, constructed pursuant to this ment of the project for flood control, Buffalo lowing new paragraph: section— Bayou and Tributaries, Texas, authorized by ‘‘(7) subject to section 906 of this Act, envi- (A) if, after authorization and before initi- section 101(a)(21) of the Water Resources De- ronmental protection and restoration: 50 per- ation of construction of the project or sepa- velopment Act of 1990 (104 Stat. 4610); except rable element, the Secretary approves the cent.’’. that, subject to the approval of the Sec- plans for construction of such project by the (b) APPLICABILITY.—The amendments made retary as provided by this section, the non- non-Federal interest; and by subsection (a) apply only to projects au- Federal interest may design and construct (B) if the Secretary finds, after a review of thorized after the date of the enactment of an alternative to the diversion component of studies and design documents prepared pur- this Act. such element. suant to this section, that construction of SEC. 211. CONSTRUCTION OF FLOOD CONTROL (6) HUNTING BAYOU, TEXAS.—The Hunting the project or separable element is economi- PROJECTS BY NON-FEDERAL INTER- Bayou element of the project for flood con- ESTS. cally justified and environmentally accept- trol, Buffalo Bayou and Tributaries, Texas, (a) AUTHORITY.—Non-Federal interests are able. authorized by such section; except that, sub- authorized to undertake flood control (2) SPECIAL RULES.— ject to the approval of the Secretary as pro- projects in the United States, subject to ob- (A) REIMBURSEMENT.—For work (including vided by this section, the non-Federal inter- taining any permits required pursuant to work associated with studies, planning, de- est may design and construct an alternative Federal and State laws in advance of actual sign, and construction) carried out by a non- to such element. construction. Federal interest with respect to a project de- (7) WHITE OAK BAYOU, TEXAS.—The project (b) STUDIES AND DESIGN ACTIVITIES.— scribed in subsection (f), the Secretary shall, for flood control, White Oak Bayou water- (1) BY NON-FEDERAL INTERESTS.—A non- subject to amounts being made available in shed, Texas. Federal interest may prepare, for review and advance in appropriations Acts, reimburse, approval by the Secretary, the necessary without interest, the non-Federal interest an (g) TREATMENT OF FLOOD DAMAGE PREVEN- studies and design documents for any con- amount equal to the estimated Federal share TION MEASURES.—For the purposes of this struction to be undertaken pursuant to sub- of the cost of such work if such work is later section, flood damage prevention measures section (a). recommended by the Chief of Engineers and at or in the vicinity of Morgan City and Ber- (2) BY SECRETARY.—Upon request of an ap- approved by the Secretary. wick, Louisiana, shall be treated as an au- propriate non-Federal interest, the Sec- (B) CREDIT.—If the non-Federal interest for thorized element of the Atchafalaya Basin retary may undertake all necessary studies a project described in subsection (f) carries feature of the project for flood control, Mis- and design activities for any construction to out work before completion of a reconnais- sissippi River and Tributaries. be undertaken pursuant to subsection (a) and sance study by the Secretary and if such SEC. 212. ENGINEERING AND ENVIRONMENTAL provide technical assistance in obtaining all work is determined by the Secretary to be INNOVATIONS OF NATIONAL SIG- necessary permits for such construction if compatible with the project later rec- NIFICANCE. the non-Federal interest contracts with the ommended by the Secretary, the Secretary (a) SURVEYS, PLANS, AND STUDIES.—To en- Secretary to furnish the United States funds shall credit the non-Federal interest for its courage innovative and environmentally for the studies and design activities during share of the cost of the project for such sound engineering solutions and innovative the period that the studies and design activi- work. environmental solutions to problems of na- ties will be conducted. (3) MATTERS TO BE CONSIDERED IN REVIEW- tional significance, the Secretary may un- (c) COMPLETION OF STUDIES AND DESIGN AC- ING PLANS.—In reviewing plans under this dertake surveys, plans, and studies and pre- TIVITIES.—In the case of any study or design subsection, the Secretary shall consider pare reports which may lead to work under documents for a flood control project that budgetary and programmatic priorities and existing civil works authorities or to rec- were initiated before the date of the enact- other factors that the Secretary deems ap- ommendations for authorizations. ment of this Act, the Secretary is authorized propriate. (b) FUNDING.— to complete and transmit to the appropriate (4) MONITORING.—The Secretary shall regu- (1) AUTHORIZATION OF APPROPRIATIONS.— non-Federal interests the study or design larly monitor and audit any project for flood There is authorized to be appropriated to documents or, upon the request of such non- control approved for construction under this carry out this section $3,000,000 for each fis- Federal interests, to terminate the study or section by a non-Federal interest in order to cal year beginning after September 30, 1996. design activities and transmit the partially ensure that such construction is in compli- (2) FUNDING FROM OTHER SOURCES.—The completed study or design documents to ance with the plans approved by the Sec- Secretary may accept and expend additional such non-Federal interests for completion. retary and that the costs are reasonable. funds from other Federal agencies, States, or Studies and design documents subject to this (5) LIMITATION ON REIMBURSEMENTS.—No re- non-Federal entities for purposes of carrying subsection shall be completed without regard imbursement shall be made under this sec- out this section. to the requirements of subsection (b). tion unless and until the Secretary has cer- SEC. 213. LEASE AUTHORITY. (d) AUTHORITY TO CARRY OUT IMPROVE- tified that the work for which reimburse- MENT.— ment is requested has been performed in ac- Notwithstanding any other provision of (1) IN GENERAL.—Any non-Federal interest cordance with applicable permits and ap- law, the Secretary may lease space available which has received from the Secretary pur- proved plans. in buildings for which funding for construc- suant to subsection (b) or (c) a favorable rec- (f) SPECIFIC PROJECTS.—For the purpose of tion or purchase was provided from the re- ommendation to carry out a flood control demonstrating the potential advantages and volving fund established by the 1st section of project or separable element thereof based effectiveness of non-Federal implementation the Civil Functions Appropriations Act, 1954 on the results of completed studies and de- of flood control projects, the Secretary shall (33 U.S.C. 576; 67 Stat. 199) under such terms sign documents for the project or element, enter into agreements pursuant to this sec- and conditions as are acceptable to the Sec- may carry out the project or element if a tion with non-Federal interests for develop- retary. The proceeds from such leases shall final environmental impact statement has ment of the following flood control projects be credited to the revolving fund for the pur- been filed for the project or element. by such interests: poses set forth in such Act. July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8701 SEC. 214. COLLABORATIVE RESEARCH AND DE- (E) public awareness and involvement pro- (A) 25 feet or more in height from (i) the VELOPMENT. grams. natural bed of the stream or watercourse (a) FUNDING FROM OTHER FEDERAL (4) Dam safety problems persist nation- measured at the downstream toe of the bar- SOURCES.—Section 7 of the Water Resources wide. The diversity in Federal and State dam rier, or (ii) from the lowest elevation of the Development Act of 1988 (102 Stat. 4022–4023) safety programs calls for national leadership outside limit of the barrier if the barrier is is amended— in a cooperative effort involving Federal and not across a stream channel or watercourse, (1) in subsection (a) by inserting ‘‘civil State governments and the private sector. to the maximum water storage elevation; or works’’ before ‘‘mission’’; and An expertly staffed and adequately financed (B) has an impounding capacity for maxi- (2) by striking subsection (e) and inserting dam safety hazard reduction program, based mum storage elevation of 50 acre-feet or the following: on Federal, State, local, and private re- more. ‘‘(e) FUNDING FROM OTHER FEDERAL search, planning, decisionmaking, and con- Such term does not include any such barrier SOURCES.—The Secretary may accept and ex- tributions, would reduce the risk of such which is not greater than 6 feet in height re- pend additional funds from other Federal loss, destruction, and disruption from dam gardless of storage capacity or which has a programs, including other Department of De- fense programs, to carry out the purposes of failure by an amount far greater than the storage capacity at maximum water storage this section.’’. cost of such program. elevation not greater than 15 acre-feet re- (b) PRE-AGREEMENT TEMPORARY PROTEC- (5) There is a fundamental need for a na- gardless of height, unless such barrier, due TION OF TECHNOLOGY.—Such section 7 is fur- tional dam safety program and the need will to its location or other physical characteris- ther amended— continue. An effective national program in tics, is likely to pose a significant threat to (1) by redesignating subsections (b), (c), dam safety hazards reduction will require human life or property in the event of its (d), and (e) as subsections (c), (d), (e), and (f), input from and review by Federal and non- failure. Such term does not include a levee. respectively; Federal experts in dams design, construc- (6) HAZARD REDUCTION.—The term ‘‘hazard (2) by inserting after subsection (a) the fol- tion, operation, and maintenance and in the reduction’’ means those efforts utilized to re- lowing new subsection: practical application of dam failure hazards duce the potential consequences of dam fail- ‘‘(b) PRE-AGREEMENT TEMPORARY PROTEC- reduction measures. At the present time, ure to life and property. TION OF TECHNOLOGY.— there is no national dam safety program. (7) STATE.—The term ‘‘State’’ means each ‘‘(1) IN GENERAL.—If the Secretary deter- (6) The coordinating authority for national of the 50 States of the United States, the Dis- mines that information developed as a result leadership is provided through the Federal trict of Columbia, the Commonwealth of of research and development activities con- Emergency Management Agency’s (herein- Puerto Rico, the Virgin Islands, Guam, ducted by the Corps of Engineers is likely to after in this section referred to as ‘‘FEMA’’) American Samoa, the Commonwealth of the be subject to a cooperative research and de- dam safety program through Executive Northern Mariana Islands, and any other ter- velopment agreement within 2 years of its Order 12148 in coordination with appropriate ritory or possession of the United States. development and that such information Federal agencies and the States. (8) PARTICIPATING STATE.—The term ‘‘par- would be a trade secret or commercial or fi- (7) While FEMA’s dam safety program ticipating State’’ means any State that nancial information that would be privileged shall continue as a proper Federal undertak- elects to participate in the grant assistance or confidential if the information had been ing and shall provide the foundation for a program established under this Act. obtained from a non-Federal party partici- National Dam Safety Program, statutory au- (9) UNITED STATES.—The term ‘‘United pating in a cooperative research and develop- thority to meet increasing needs and to dis- States’’ means, when used in a geographical ment agreement under section 12 of the Ste- charge Federal responsibilities in national sense, all of the States. venson-Wydler Technology Innovation Act of dam safety is needed. (10) MODEL STATE DAM SAFETY PROGRAM.— 1980, the Secretary may provide appropriate (8) Statutory authority will strengthen The term ‘‘Model State Dam Safety Pro- protection against the dissemination of such FEMA’s leadership role, will codify the na- gram’’ refers to a document, published by information, including exemption from sub- tional dam safety program, and will author- FEMA (No. 123, dated April 1987) and its chapter II of chapter 5 of title 5, United ize the Director of FEMA (hereinafter in this amendments, developed by State dam safety States Code, until the earlier of the date the section referred to as the ‘‘Director’’) to officials, which acts as a guideline to State Secretary enters into such an agreement communicate directly with Congress on au- dam safety agencies for establishing a dam with respect to such technology or the last thorizations and appropriations and to build safety regulatory program or improving an day of the 2-year period beginning on the upon the hazard reduction aspects of na- already-established program. date of such determination. tional dam safety. (e) NATIONAL DAM SAFETY PROGRAM.— ‘‘(2) TREATMENT.—Any technology covered (c) PURPOSE.—It is the purpose of this sec- (1) AUTHORITY.—The Director, in consulta- by this section which becomes the subject of tion to reduce the risks to life and property tion with appropriate Federal agencies, a cooperative research and development from dam failure in the United States State dam safety agencies, and the National agreement shall be accorded the protection through the establishment and maintenance Dam Safety Review Board established by provided under section 12(c)(7)(B) of such Act of an effective national dam safety program paragraph (5)(C), shall establish and main- (15 U.S.C. 3710a(c)(7)(B)) as if such tech- which will bring together the Federal and tain, in accordance with the provisions and nology had been developed under a coopera- non-Federal communities’ expertise and re- tive research and development agreement.’’; policies of this Act, a coordinated national sources to achieve national dam safety haz- and dam safety program. This program shall— ard reduction. It is not the intent of this sec- (3) in subsection (d), as so redesignated, by (A) be administered by FEMA to achieve tion to preempt any other Federal or State striking ‘‘(b)’’ and inserting ‘‘(c)’’. the objectives set forth in paragraph (3); authorities nor is the intent of this section (B) involve, where appropriate, the Depart- SEC. 215. DAM SAFETY PROGRAM. to mandate State participation in the grant ments of Agriculture, Defense, Energy, Inte- (a) SHORT TITLE.—This section may be assistance program to be established under cited as the ‘‘National Dam Safety Program rior, and Labor, the Federal Energy Regu- this section. Act of 1996’’. latory Commission, the Nuclear Regulatory (b) FINDINGS.—Congress finds the follow- (d) DEFINITIONS.—In this section, the fol- Commission, the International Boundaries ing: lowing definitions apply: Commission (United States section), the (1) Dams are an essential part of the na- (1) FEDERAL AGENCY.—The term ‘‘Federal Tennessee Valley Authority, and FEMA; and tional infrastructure. Dams fail from time to agency’’ means any Federal agency that de- (C) include each of the components de- time with catastrophic results; thus, dam signs, finances, constructs, owns, operates, scribed in paragraph (4), the implementation safety is a vital public concern. maintains, or regulates the construction, op- plan described in paragraph (5), and the as- (2) Dam failures have caused, and can eration, or maintenance of any dam. sistance for State dam safety programs to be cause in the future, enormous loss of life, in- (2) NON-FEDERAL AGENCY.—The term ‘‘non- provided under this section. jury, destruction of property, and economic Federal agency’’ means any State agency (2) DUTIES.—The Director— and social disruption. that has regulatory authority over the safe- (A) within 270 days after the date of the en- (3) Some dams are at or near the end of ty of non-Federal dams. actment of this Act, shall develop the imple- their structural, useful, or operational life. (3) FEDERAL GUIDELINES FOR DAM SAFETY.— mentation plan described in paragraph (5); With respect to future dam failures, the loss, The term ‘‘Federal Guidelines for Dam Safe- (B) within 300 days after such date of en- destruction, and disruption can be substan- ty’’ refers to a FEMA publication number 93, actment, shall submit to the appropriate au- tially reduced through the development and dated June 1979, which defines management thorizing committees of Congress the imple- implementation of dam safety hazard reduc- practices for dam safety at all Federal agen- mentation plan described in paragraph (5); tion measures, including— cies. and (A) improved design and construction (4) PROGRAM.—The term ‘‘program’’ means (C) by rule within 360 days after such date standards and practices supported by a na- the national dam safety program established of enactment— tional dam performance resource bank; under subsection (e). (i) shall develop and implement the na- (B) safe operations and maintenance proce- (5) DAM.—The term ‘‘dam’’ means any arti- tional dam safety program under this sec- dures; ficial barrier with the ability to impound tion; (C) early warning systems; water, wastewater, or liquid-borne materials (ii) shall establish goals, priorities, and (D) coordinated emergency preparedness for the purpose of storage or control of water target dates for implementation of the pro- plans; and which is— gram; and H8702 CONGRESSIONAL RECORD — HOUSE July 30, 1996 (iii) shall provide a method for cooperation according to more advanced requirements necessary studies to carry out the require- and coordination with, and assistance to (as and standards authorized by the review ments of this section. The Board shall con- feasible), interested governmental entities in board under subparagraph (C) and the Direc- sist of 11 members selected for their exper- all States. tor with the assistance of established cri- tise in dam safety as follows: (3) OBJECTIVES.—The objectives of the na- teria such as the Model State Dam Safety (I) 5 to represent FEMA, the Federal En- tional dam safety program are as follows: Program. Participating State dam safety ergy Regulatory Commission, and the De- (A) To ensure that new and existing dams programs must be working toward meeting partments of Agriculture, Defense, and Inte- are safe through the development of techno- the following primary criteria to be eligible rior. logically and economically feasible programs for primary assistance or must meet the fol- (II) 5 members selected by the Director and procedures for national dam safety haz- lowing primary criteria prior to working to- who are dam safety officials of States. ard reduction. ward advanced assistance: (III) 1 member selected by the Director to (B) To encourage acceptable engineering (i) STATE LEGISLATION.—A dam safety pro- represent the United States Committee on policies and procedures used for dam site in- gram must be authorized by State legisla- Large Dams. vestigation, design, construction, operation tion to include, at a minimum, the following: (ii) NO COMPENSATION OF MEMBERS.—Each and maintenance, and emergency prepared- (I) PLAN REVIEW AND APPROVAL.—Authority member of the Board who is an officer or em- ness. to review and approve plans and specifica- ployee of the United States shall serve with- (C) To encourage establishment and imple- tions to construct, enlarge, modify, remove, out compensation in addition to compensa- mentation of effective dam safety programs or abandon dams. tion received for the services of the member in each participating State based on State (II) PERIODIC INSPECTIONS DURING CON- as an officer or employee of the United standards. STRUCTION.—Authority to perform periodic States. Each member of the Board who is not (D) To develop and encourage public aware- inspections during construction for the pur- an officer or employee of the United States ness projects to increase public acceptance pose of ensuring compliance with approved shall serve without compensation. and support of State dam safety programs. plans and specifications. (iii) TRAVEL EXPENSES.—Each member of (E) To develop technical assistance mate- (III) STATE APPROVAL.—Upon completion of the Board shall be allowed travel expenses, rials for Federal and non-Federal dam safety construction, a requirement that, before op- including per diem in lieu of subsistence, at programs. eration of the structure, State approval is (F) To develop mechanisms with which to received. rates authorized for an employee of an agen- cy under subchapter I of chapter 57 of title 5, provide Federal technical assistance for dam (IV) SAFETY INSPECTIONS.—Authority to re- safety to the non-Federal sector. quire or perform the inspection of all dams United States Code, while away from home or regular place of business of the member in (4) COMPONENTS.— and reservoirs that pose a significant threat the performance of services for the Board. (A) IN GENERAL.—The national dam safety to human life and property in the event of program shall consist of a Federal element failure at least every 5 years to determine (iv) NONAPPLICABILITY OF FEDERAL ADVI- and a non-Federal element and 3 functional their continued safety and a procedure for SORY COMMITTEE ACT.—The Federal Advisory activities: leadership, technical assistance, more detailed and frequent safety inspec- Committee Act (5 U.S.C. App.) shall not and public awareness. tions. apply to the Board. (B) ELEMENTS.— (V) PROFESSIONAL ENGINEER.—A require- (D) MAINTENANCE OF EFFORT.—No grant (i) FEDERAL ELEMENT.—The Federal ele- ment that all inspections be performed under may be made to a participating State under ment of the program incorporates all the ac- the supervision of a registered professional this subsection in any fiscal year unless the tivities and practices undertaken by Federal engineer with related experience in dam de- State enters into such agreement with the agencies to implement the Federal Guide- sign and construction. Director as the Director may require to en- lines for Dam Safety. (VI) ORDERS.—Authority to issue orders, sure that the participating State will main- (ii) NON-FEDERAL ELEMENT.—The non-Fed- when appropriate, to require owners of dams tain its aggregate expenditures from all eral element of the program involves the ac- to perform necessary maintenance or reme- other sources for programs to assure dam tivities and practices undertaken by partici- dial work, revise operating procedures, or safety for the protection of human life and pating States, local governments, and the take other actions, including breaching dams property at or above the average level of private sector to safely build, regulate, oper- when deemed necessary. such expenditures in its 2 fiscal years preced- ate, and maintain dams and Federal activi- (VII) REGULATIONS.—Rules and regulations ing the date of the enactment of this Act. ties which foster State efforts to develop and for carrying out the provisions of the State’s (E) PROCEDURE FOR APPROVAL OF STATE implement effective programs for the safety legislative authority. PARTICIPATION.—Any program which is sub- of dams. (VIII) EMERGENCY FUNDS.—Necessary emer- mitted to the Director for participation in (C) ACTIVITIES.— gency funds to assure timely repairs or other the assistance program under this subsection (i) LEADERSHIP ACTIVITY.—The leadership changes to, or removal of, a dam in order to shall be deemed approved 120 days following activity of the program shall be the respon- protect human life and property and, if the its receipt by the Director unless the Direc- sibility of FEMA. FEMA shall coordinate owner does not take action, to take appro- tor determines within such 120-day period Federal efforts in cooperation with appro- priate action as expeditiously as possible. that the submitted program fails to reason- priate Federal agencies and State dam safety (IX) EMERGENCY PROCEDURES.—A system of ably meet the requirements of subparagraphs agencies. emergency procedures that would be utilized (A) and (B). If the Director determines the (ii) TECHNICAL ASSISTANCE ACTIVITY.—The in the event a dam fails or in the event a submitted program cannot be approved for technical assistance activity of the program dam’s failure is imminent, together with an participation, the Director shall imme- involves the transfer of knowledge and tech- identification of those dams where failure diately notify the State in writing, together nical information among the Federal and could be reasonably expected to endanger with his or her reasons and those changes non-Federal elements. human life and of the maximum area that needed to enable the submitted program to (iii) PUBLIC AWARENESS ACTIVITY.—The pub- could be inundated in the event of a failure be approved. lic awareness activity provides for the edu- of the dam, as well as identification of those (F) REVIEW OF STATE PROGRAMS.—Utilizing cation of the public, including State and necessary public facilities that would be af- the expertise of the Board, the Director shall local officials, to the hazards of dam failure fected by such inundation. periodically review the approved State dam and ways to reduce the adverse consequences (ii) STATE APPROPRIATIONS.—State appro- safety programs. In the event the Board of dam failure and related matters. priations must be budgeted to carry out the finds that a program of a participating State (5) GRANT ASSISTANCE PROGRAM.—The Di- provisions of the State legislation. has proven inadequate to reasonably protect rector shall develop an implementation plan (B) WORK PLAN CONTRACTS.—The Director human life and property and the Director which shall demonstrate dam safety im- shall enter into contracts with each partici- agrees, the Director shall revoke approval of provements through fiscal year 2001 and pating State to determine a work plan nec- the State’s participation in the assistance shall recommend appropriate roles for Fed- essary for a particular State dam safety pro- program and withhold assistance under this eral agencies and for State and local units of gram to reach a level of program perform- section, until the State program has been re- government, individuals, and private organi- ance previously agreed upon in the contract. approved. zations. The implementation plan shall pro- Federal assistance under this section shall (G) COOPERATION OF FEDERAL AGENCIES.— vide, at a minimum, for the following: be provided to aid the State dam safety pro- The head of any Federal agency, when re- (A) ASSISTANCE PROGRAM.—In order to en- gram in achieving its goal. quested by any State dam safety agency, courage the establishment and maintenance (C) NATIONAL DAM SAFETY REVIEW BOARD.— shall provide information on the construc- of effective programs intended to ensure dam (i) IN GENERAL.—There is authorized to be tion, operation, or maintenance of any dam safety to protect human life and property established a National Dam Safety Review or allow officials of the State agency to par- and to improve such existing programs, the Board (hereinafter in this section referred to ticipate in any Federal inspection of any Director shall provide, from amounts made as the ‘‘Board’’), which shall be responsible dam. available under subsection (g) of this sec- for monitoring participating State imple- (H) DAM INSURANCE REPORT.—Within 180 tion, assistance to participating States to es- mentation of the requirements of the assist- days after the date of the enactment of this tablish and maintain dam safety programs, ance program. The Board is authorized to Act, the Director shall report to the Con- first, according to the basic provisions for a utilize the expertise of other agencies of the gress on the availability of dam insurance dam safety program listed below and, second, United States and to enter into contracts for and make recommendations. July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8703

(f) BIENNIAL REPORT.—Within 90 days after (B) FUNDING.—There is authorized to be ap- (1) PROVIDED BY SECRETARY.—At the re- the last day of each odd-numbered fiscal propriated to carry out this paragraph quest of a non-Federal project sponsor, the year, the Director shall submit a biennial re- $500,000 for each of fiscal years 1997 through Secretary may provide additional capacity port to Congress describing the status of the 2001. at a dredged material disposal facility con- program being implemented under this sec- (5) PERSONNEL.— structed by the Secretary beyond that which tion and describing the progress achieved by (A) EMPLOYMENT.—The Director is author- would be required for project purposes if the the Federal agencies during the 2 previous ized to employ additional staff personnel in non-Federal project sponsor agrees to pay, years in implementing the Federal Guide- numbers sufficient to carry out the provi- during the period of construction, all costs lines for Dam Safety. Each such report shall sions of this section. associated with the construction of the addi- include any recommendations for legislative (B) FUNDING.—There is authorized to be ap- tional capacity. and other action deemed necessary and ap- propriated to carry out this paragraph (2) COST RECOVERY AUTHORITY.—The non- propriate. The report shall also include a $400,000 for each of fiscal years 1997 through Federal project sponsor may recover the summary of the progress being made in im- 2001. costs assigned to the additional capacity proving dam safety by participating States. (6) LIMITATION.—No funds authorized by through fees assessed on 3rd parties whose dredged material is deposited in the facility (g) AUTHORIZING OF APPROPRIATIONS.— this section shall be used to construct or re- and who enter into agreements with the non- (1) GENERAL PROGRAM.— pair any Federal or non-Federal dams. Federal sponsor for the use of such facility. (A) FUNDING.—There are authorized to be (h) CONFORMING AMENDMENTS.—The Act en- The amount of such fees may be determined appropriated to the Director to carry out the titled ‘‘An Act to authorize the Secretary of by the non-Federal sponsor. provisions of subsections (e) and (f) (in addi- the Army to undertake a national program (b) NON-FEDERAL USE OF DISPOSAL FACILI- tion to any authorizations for similar pur- of inspection of dams’’, approved August 8, TIES.— poses included in other Acts and the author- 1972 (33 U.S.C 467–467m; Public Law 92–367), is (1) IN GENERAL.—The Secretary— izations set forth in paragraphs (2) through amended— (1) in the first section by striking ‘‘means (A) may permit the use of any dredged ma- (5) of this subsection)— terial disposal facility under the jurisdiction (i) $1,000,000 for fiscal year 1997; any artificial barrier’’ and all that follows through the period at the end and inserting of, or managed by, the Secretary by a non- (ii) $2,000,000 for fiscal year 1998; Federal interest if the Secretary determines (iii) $4,000,000 for fiscal year 1999; ‘‘has the meaning such term has under sub- section (d) of the National Dam Safety Pro- that such use will not reduce the availability (iv) $4,000,000 for fiscal year 2000; and of the facility for project purposes; and (v) $4,000,000 for fiscal year 2001. gram Act of 1996.’’; (2) by striking the 2d sentence of section 3; (B) may impose fees to recover capital, op- (B) APPORTIONMENT FORMULA.— eration, and maintenance costs associated (3) by striking section 5 and sections 7 (i) IN GENERAL.—Subject to clause (ii), with such use. through 14; and sums appropriated under this paragraph (2) USE OF FEES.—Notwithstanding section (4) by redesignating section 6 as section 5. shall be distributed annually among partici- 401(c) of the Federal Water Pollution Control pating States on the following basis: One- SEC. 216. MAINTENANCE, REHABILITATION, AND Act but subject to advance appropriations, third among those States determined in sub- MODERNIZATION OF FACILITIES. any monies received through collection of section (e) as qualifying for funding, and In accomplishing the maintenance, reha- fees under this subsection shall be available two-thirds in proportion to the number of bilitation, and modernization of hydro- to the Secretary, and shall be used by the dams and appearing as State-regulated dams electric power generating facilities at water Secretary, for the operation and mainte- on the National Dam Inventory in each par- resources projects under the jurisdiction of nance of the disposal facility from which ticipating State that has been determined in the Department of the Army, the Secretary they were collected. subsection (e)(5)(A) as qualifying for funding, is authorized to increase the efficiency of en- (c) PUBLIC-PRIVATE PARTNERSHIPS.— to the number of dams in all participating ergy production and the capacity of these fa- (1) IN GENERAL.—The Secretary may carry States. cilities if, after consulting with other appro- out a program to evaluate and implement (ii) LIMITATION TO 50 PERCENT OF COST.—In priate Federal and State agencies, the Sec- opportunities for public-private partnerships no event shall funds distributed to any State retary determines that such uprating— in the design, construction, management, or under this paragraph exceed 50 percent of the (1) is economically justified and financially operation of dredged material disposal reasonable cost of implementing an approved feasible; facilties in connection with construction or dam safety program in such State. (2) will not result in significant adverse ef- maintenance of Federal navigation projects. (iii) ALLOCATION BETWEEN PRIMARY AND AD- fects on the other purposes for which the (2) PRIVATE FINANCING.— VANCED ASSISTANCE PROGRAMS.— The Direc- project is authorized; (A) AGREEMENTS.—In carrying out this sub- tor and Review Board shall determine how (3) will not result in significant adverse en- section, the Secretary may enter into an much of funds appropriated under this para- vironmental impacts; and agreement with a project sponsor, a private graph is allotted to participating States (4) will not involve major structural or op- entity, or both for the acquisition, design, needing primary funding and those needing eration changes in the project. construction, management, or operation of a advanced funding. SEC. 217. LONG-TERM SEDIMENT MANAGEMENT dredged material disposal facility (including (2) TRAINING.— STRATEGIES. any facility used to demonstrate potential (A) IN GENERAL.—The Director shall, at the (a) DEVELOPMENT.—The Secretary shall beneficial uses of dredged material) using request of any State that has or intends to enter into cooperative agreements with non- funds provided in whole or in part by the pri- develop a dam safety program under sub- Federal sponsors of navigation projects for vate entity. section (e)(5)(A), provide training for State development of long-term management (B) REIMBURSEMENT.—If any funds provided dam safety staff and inspectors. strategies for controlling sediments in such by a private entity are used to carry out a (B) FUNDING.—There is authorized to be ap- projects. project under this subsection, the Secretary propriated to carry out this paragraph (b) CONTENTS OF STRATEGIES.—Each strat- may reimburse the private entity over a pe- $500,000 for each of fiscal years 1997 through egy developed under this section for a navi- riod of time agreed to by the parties to the 2001. gation project— agreement through the payment of subse- (3) RESEARCH.— (1) shall include assessments of the follow- quent user fees. Such fees may include the (A) IN GENERAL.—The Director shall under- ing with respect to the project: sediment payment of a disposal or tipping fee for take a program of technical and archival re- rates and composition, sediment reduction placement of suitable dredged material at search in order to develop improved tech- options, dredging practices, long-term man- the facility. niques, historical experience, and equipment agement of any dredged material disposal fa- (C) AMOUNT OF FEES.—User fees paid pursu- for rapid and effective dam construction, re- cilities, remediation of such facilities, and ant to subparagraph (B) shall be sufficient to habilitation, and inspection, together with alternative disposal and reuse options; repay funds contributed by the private en- devices for the continued monitoring, of (2) shall include a timetable for implemen- tity plus a reasonable return on investment dams for safety purposes. tation of the strategy; and approved by the Secretary in cooperation (B) STATE PARTICIPATION; REPORTS.—The (3) shall incorporate, as much as possible, with the project sponsor and the private en- Director shall provide for State participa- relevant ongoing planning efforts, including tity. tion in the research under this paragraph remedial action planning, dredged material (D) FEDERAL SHARE.—The Federal share of and periodically advise all States and Con- management planning, harbor and water- such fee shall be equal to the percentage of gress of the results of such research. front development planning, and watershed the total cost which would otherwise be (C) FUNDING.—There is authorized to be ap- management planning. borne by the Federal Government as re- propriated to carry out this paragraph (c) CONSULTATION.—In developing strate- quired pursuant to existing cost sharing re- $1,000,000 for each of fiscal years 1997 through gies under this section, the Secretary shall quirements, including section 103 of the 2001. consult with interested Federal agencies, Water Resources Development Act of 1986 (33 (4) DAM INVENTORY.— States, and Indian tribes and provide an op- U.S.C. 2213) and section 204 of the Water Re- (A) MAINTENANCE AND PUBLICATION.—The portunity for public comment. sources Development Act of 1992 (33 U.S.C. Secretary is authorized to maintain and pe- SEC. 218. DREDGED MATERIAL DISPOSAL FACIL- 2325). riodically publish updated information on ITY PARTNERSHIPS. (E) BUDGET ACT COMPLIANCE.—Any spend- the inventory of dams. (a) ADDITIONAL CAPACITY.— ing authority (as defined in section 401(c)(2) H8704 CONGRESSIONAL RECORD — HOUSE July 30, 1996 of the Congressional Budget Act of 1974 (2 (1) by striking ‘‘continental limits of the’’; (b) NONPUBLIC SHORES.—Subsection (d) of U.S.C. 651(c)(2)) authorized by this section and such section is amended by striking ‘‘or from shall be effective only to such extent and in (2) by striking the 2d colon and all that fol- the protection of nearby public property or’’ such amounts as are provided in appropria- lows through ‘‘for this purpose’’. and inserting ‘‘, if there are sufficient bene- tion Acts. SEC. 224. STATE AND FEDERAL AGENCY REVIEW fits, including benefits to local and regional PERIOD. SEC. 219. OBSTRUCTION REMOVAL REQUIRE- economic development and to the local and MENT. The 1st section of the Act entitled ‘‘An Act (a) PENALTY.—Section 16 of the Act of authorizing the construction of certain pub- regional ecology (as determined under sub- March 3, 1899 (33 U.S.C. 411; 30 Stat. 1153), is lic works on rivers and harbors for flood con- section (e)(2)(B)), or’’; and amended— trol, and other purposes’’, approved Decem- (c) AUTHORIZATION OF PROJECTS.—Sub- (1) by striking ‘‘thirteen, fourteen, and fif- ber 22, 1944 (33 U.S.C. 701–1(a); 58 Stat. 888), is section (e) of such section is amended— teen’’ each place it appears and inserting amended— (1) by striking ‘‘(e) No’’ and inserting the ‘‘13, 14, 15, 19, and 20’’; and (1) by striking ‘‘Within ninety’’ and insert- following: (2) by striking ‘‘not exceeding twenty-five ing ‘‘Within 30’’; and hundred dollars nor less than five hundred (2) by striking ‘‘ninety-day period.’’ and in- ‘‘(e) AUTHORIZATION OF PROJECTS.— dollars’’ and inserting ‘‘of up to $25,000 per serting ‘‘30-day period.’’. ‘‘(1) IN GENERAL.—No’’; day’’. SEC. 225. LIMITATION ON REIMBURSEMENT OF (2) by moving the remainder of the text of (b) GENERAL AUTHORITY.—Section 20 of the NON-FEDERAL COSTS PER PROJECT. paragraph (1) (as designated by paragraph (1) Act of March 3, 1899 (33 U.S.C. 415; 30 Stat. Section 215(a) of the Flood Control Act of of this subsection) 2 ems to the right; and 1154), is amended— 1968 (42 U.S.C. 1962d–5a(a)) is amended— (3) by adding at the end the following: (1) by striking ‘‘expense’’ the first place it (1) by striking ‘‘$3,000,000’’ and inserting ‘‘(2) STUDIES.— appears in subsection (a) and inserting ‘‘ac- ‘‘$5,000,000’’; and ‘‘(A) IN GENERAL.—The Secretary shall— tual expense, including administrative ex- (2) by striking the final period. ‘‘(i) recommend to Congress studies con- penses,’’; SEC. 226. AQUATIC PLANT CONTROL. cerning shore protection projects that meet (2) in subsection (b) by striking ‘‘cost’’ and (a) ADDITIONAL CONTROLLED PLANTS.—Sec- the criteria established under this Act (in- inserting ‘‘actual cost, including administra- tion 104(a) of the River and Harbor Act of cluding subparagraph (B)(iii)) and other ap- tive costs,’’; 1958 (33 U.S.C. 610(a)) is amended by inserting plicable law; (3) by redesignating subsection (b) as sub- after ‘‘alligatorweed,’’ the following: ‘‘(ii) conduct such studies as Congress re- section (c); and ‘‘melaleuca,’’. quires under applicable laws; and (4) by inserting after subsection (a) the fol- (b) AUTHORIZATION.—Section 104(b) of such ‘‘(iii) report the results of the studies to lowing new subsection: Act (33 U.S.C. 610(b)) is amended by striking the appropriate committees of Congress. ‘‘(b) REMOVAL REQUIREMENT.—Within 24 ‘‘$12,000,000’’ and inserting ‘‘$15,000,000’’. ‘‘(B) RECOMMENDATIONS FOR SHORE PROTEC- hours after the Secretary of the Department SEC. 227. SEDIMENTS DECONTAMINATION TECH- TION PROJECTS.— in which the Coast Guard is operating issues NOLOGY. ‘‘(i) IN GENERAL.—The Secretary shall rec- an order to stop or delay navigation in any (a) PROJECT PURPOSE.—Section 405(a) of ommend to Congress the authorization or re- navigable waters of the United States be- the Water Resources Development Act of authorization of shore protection projects cause of conditions related to the sinking or 1992 (33 U.S.C. 2239 note; 106 Stat. 4863) is based on the studies conducted under sub- grounding of a vessel, the owner or operator amended by adding at the end the following: paragraph (A). of the vessel, with the approval of the Sec- ‘‘(3) PROJECT PURPOSE.—The purpose of the ‘‘(ii) CONSIDERATIONS.—In making rec- retary of the Army, shall begin removal of project to be carried out under this section is ommendations, the Secretary shall consider the vessel using the most expeditious re- to provide for the development of 1 or more the economic and ecological benefits of a moval method available or, if appropriate, sediment decontamination technologies on a shore protection project and the ability of secure the vessel pending removal to allow pilot scale demonstrating a capacity of at the non-Federal interest to participate in navigation to resume. If the owner or opera- least 500,000 cubic yards per year.’’. the project. tor fails to begin removal or to secure the (b) AUTHORIZATION OF APPROPRIATIONS.— vessel pending removal or fails to complete The first sentence of section 405(c) of such ‘‘(iii) CONSIDERATION OF LOCAL AND RE- removal as soon as possible, the Secretary of Act is amended to read as follows: ‘‘There is GIONAL BENEFITS.—In analyzing the economic the Army shall remove or destroy the vessel authorized to be appropriated to carry out and ecological benefits of a shore protection using the summary removal procedures this section $10,000,000 for fiscal years begin- project, or a flood control or other water re- under subsection (a) of this section.’’. ning after September 30, 1996.’’. source project the purpose of which includes SEC. 220. SMALL PROJECT AUTHORIZATIONS. (c) REPORTS.—Section 405 of such Act is shore protection, the Secretary shall con- Section 14 of the Flood Control Act of 1946 amended by adding at the end the following: sider benefits to local and regional economic (33 U.S.C. 701r) is amended— ‘‘(d) REPORTS.—Not later than September development, and to the local and regional (1) by striking ‘‘$12,500,000’’ and inserting 30, 1998, and periodically thereafter, the Ad- ecology, in calculating the full economic and ‘‘$15,000,000’’; and ministrator and the Secretary shall transmit ecological justifications for the project. (2) by striking ‘‘$500,000’’ and inserting to Congress a report on the results of the ‘‘(C) COORDINATION OF PROJECTS.—In con- ‘‘$1,500,000’’. project to be carried out under this section, ducting studies and making recommenda- SEC. 221. UNECONOMICAL COST-SHARING RE- including an assessment of the progress tions for a shore protection project under QUIREMENTS. made in achieving the intent of the program this paragraph, the Secretary shall— Section 221(a) of the Flood Control Act of set forth in subsection (a)(3).’’. ‘‘(i) determine whether there is any other 1970 (42 U.S.C. 1962d–5b) is amended by strik- SEC. 228. SHORE PROTECTION. project being carried out by the Secretary or ing the period at the end of the first sentence (a) DECLARATION OF POLICY.—Subsection the head of another Federal agency that may and inserting the following: ‘‘; except that no (a) of the first section of the Act entitled be complementary to the shore protection such agreement shall be required if the Sec- ‘‘An Act authorizing Federal participation in project; and retary determines that the administrative the cost of protecting the shores of publicly ‘‘(ii) if there is such a complementary costs associated with negotiating, executing, owned property’’, approved August 13, 1946 project, describe the efforts that will be or administering the agreement would ex- (33 U.S.C. 426e; 60 Stat. 1056), is amended— made to coordinate the projects. ceed the amount of the contribution required (1) by striking ‘‘damage to the shores’’ and ‘‘(3) SHORE PROTECTION PROJECTS.— from the non-Federal interest and are less inserting ‘‘damage to the shores and beach- ‘‘(A) IN GENERAL.—The Secretary shall con- than $25,000.’’. es’’; and struct, or cause to be constructed, any shore SEC. 222. PLANNING ASSISTANCE TO STATES. (2) by striking ‘‘the following provisions’’ protection project authorized by Congress, or Section 22 of the Water Resources Develop- and all that follows through the period at separable element of such a project, for ment Act of 1974 (42 U.S.C. 1962d–16) is the end of subsection (a) and inserting the which funds have been appropriated by Con- amended— following: ‘‘this Act, to promote shore pro- gress. (1) in subsection (a) by inserting ‘‘, water- tection projects and related research that ‘‘(B) AGREEMENTS.— sheds, or ecosystems’’ after ‘‘basins’’; encourage the protection, restoration, and ‘‘(i) REQUIREMENT.—After authorization by (2) in subsection (b)— enhancement of sandy beaches, including Congress, and before commencement of con- (A) by striking paragraph (2); and beach restoration and periodic beach nour- struction, of a shore protection project or (B) by redesignating paragraphs (3) and (4) ishment, on a comprehensive and coordi- separable element, the Secretary shall enter as paragraphs (2) and (3), respectively; and nated basis by the Federal Government, into a written agreement with a non-Federal (3) in subsection (c)— States, localities, and private enterprises. In interest with respect to the project or sepa- (A) by striking ‘‘$6,000,000’’ and inserting carrying out this policy, preference shall be rable element. ‘‘$10,000,000’’; and given to areas in which there has been a Fed- ‘‘(ii) TERMS.—The agreement shall— (B) by striking ‘‘$300,000’’ and inserting eral investment of funds and areas with re- ‘‘(I) specify the life of the project; and ‘‘$500,000’’. spect to which the need for prevention or ‘‘(II) ensure that the Federal Government SEC. 223. CORPS OF ENGINEERS EXPENSES. mitigation of damage to shores and beaches and the non-Federal interest will cooperate Section 211 of the Flood Control Act of 1950 is attributable to Federal navigation in carrying out the project or separable ele- (33 U.S.C. 701u; 64 Stat. 183) is amended— projects or other Federal activities.’’. ment. July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8705

‘‘(C) COORDINATION OF PROJECTS.—In con- ‘‘SEC. 5. DEFINITIONS. which may be associated with flooding and structing a shore protection project or sepa- ‘‘In this Act, the following definitions coastal storm events,’’ after ‘‘costs,’’. apply: rable element under this paragraph, the Sec- SEC. 233. SCENIC AND AESTHETIC CONSIDER- retary shall, to the extent practicable, co- ‘‘(1) SECRETARY.—The term ‘Secretary’ ATIONS. ordinate the project or element with any means the Secretary of the Army, acting In conducting studies of potential water complementary project identified under through the Chief of Engineers. resources projects, the Secretary shall con- paragraph (2)(C). ‘‘(2) SEPARABLE ELEMENT.—The term ‘sepa- sider measures to preserve and enhance sce- ‘‘(4) REPORT TO CONGRESS.—The Secretary rable element’ has the meaning provided by nic and aesthetic qualities in the vicinity of shall report biennially to the appropriate section 103(f) of the Water Resources Devel- such projects. committees of Congress on the status of all opment Act of 1986 (33 U.S.C. 2213(f)). ongoing shore protection studies and shore ‘‘(3) SHORE.—The term ‘shore’ includes SEC. 234. REMOVAL OF STUDY PROHIBITIONS. protection projects carried out under the ju- each shoreline of the Atlantic and Pacific Nothing in section 208 of the Urgent Sup- risdiction of the Secretary.’’. Oceans, the Gulf of Mexico, the Great Lakes, plemental Appropriations Act, 1986 (100 Stat. (d) REQUIREMENT OF AGREEMENTS PRIOR TO and lakes, estuaries, and bays directly con- 749), section 505 of the Energy and Water De- REIMBURSEMENTS.— nected therewith. velopment Appropriations Act, 1993 (106 Stat. (1) SMALL SHORE PROTECTION PROJECTS.— ‘‘(4) SHORE PROTECTION PROJECT.—The term 1343), or any other provision of law shall be Section 2 of the Act entitled ‘‘An Act au- ‘shore protection project’ includes a project deemed to limit the authority of the Sec- thorizing Federal participation in the cost of for beach nourishment, including the re- retary to undertake studies for the purpose protecting the shores of publicly owned prop- placement of sand.’’. of investigating alternative modes of financ- erty’’, approved August 13, 1946 (33 U.S.C. (2) CONFORMING AMENDMENTS.—The Act en- ing hydroelectric power facilities under the 426f; 60 Stat. 1056), is amended— titled ‘‘An Act authorizing Federal partici- jurisdiction of the Department of the Army (A) by striking ‘‘SEC. 2. The Secretary of pation in the cost of protecting the shores of with funds appropriated after the date of the the Army’’ and inserting the following: publicly owned property’’, approved August enactment of this Act. 13, 1946, is amended— ‘‘SEC. 2. REIMBURSEMENTS. (A) in subsection (b)(3) of the first section SEC. 235. SENSE OF CONGRESS; REQUIREMENT ‘‘(a) IN GENERAL.—The Secretary’’; (33 U.S.C. 426e(b)(3)) by striking ‘‘of the REGARDING NOTICE. (B) in subsection (a) (as so designated)— Army, acting through the Chief of Engi- (a) PURCHASE OF AMERICAN-MADE EQUIP- (i) by striking ‘‘local interests’’ and insert- neers,’’ and by striking the final period; and MENT AND PRODUCTS.—It is the sense of Con- ing ‘‘non-Federal interests’’; (B) in section 3 (33 U.S.C. 426g) by striking gress that, to the greatest extent prac- (ii) by inserting ‘‘or separable element of ‘‘Secretary of the Army’’ and inserting ‘‘Sec- ticable, all equipment and products pur- the project’’ after ‘‘project’’; and retary’’. chased with funds made available under this (iii) by inserting ‘‘or separable elements’’ (g) OBJECTIVES OF PROJECTS.—Section 209 Act should be American-made. after ‘‘projects’’ each place it appears; and of the Flood Control Act of 1970 (42 U.S.C. (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— (C) by adding at the end the following: 1962–2; 84 Stat. 1829) is amended by inserting In providing financial assistance under this ‘‘(b) AGREEMENTS.— ‘‘(including shore protection projects such as Act, the Secretary, to the greatest extent ‘‘(1) REQUIREMENT.—After authorization of projects for beach nourishment, including practicable, shall provide to each recipient reimbursement by the Secretary under this the replacement of sand)’’ after ‘‘water re- of the assistance a notice describing the section, and before commencement of con- source projects’’. statement made in subsection (a). struction, of a shore protection project, the SEC. 229. PROJECT DEAUTHORIZATIONS. Secretary shall enter into a written agree- SEC. 236. RESERVOIR MANAGEMENT TECHNICAL (a) IN GENERAL.—Section 1001(b)(2) of the ADVISORY COMMITTEE. ment with the non-Federal interest with re- Water Resources Development Act of 1986 (33 Section 310 of the Water Resources Devel- spect to the project or separable element. U.S.C. 579a(b)(2)) is amended— opment Act of 1990 (33 U.S.C. 2319; 104 Stat. ‘‘(2) TERMS.—The agreement shall— (1) by striking ‘‘Before’’ at the beginning of 4639) is amended— ‘‘(A) specify the life of the project; and the second sentence and inserting ‘‘Upon’’; (1) by striking subsection (a); and ‘‘(B) ensure that the Federal Government and (2) by striking ‘‘(b) PUBLIC PARTICIPA- and the non-Federal interest will cooperate (2) by inserting ‘‘planning, designing, or’’ TION.—’’. in carrying out the project or separable ele- before ‘‘construction’’ in the last sentence. ment.’’. (b) TECHNICAL AMENDMENT.—Section 52 of SEC. 237. TECHNICAL CORRECTIONS. (2) OTHER SHORELINE PROTECTION the Water Resources Development Act of (a) SECTION 203 OF 1992 ACT.—Section 203(b) PROJECTS.—Section 206(e)(1)(A) of the Water 1988 (33 U.S.C. 579a note; 102 Stat. 4044) is of the Water Resources Development Act of Resources Development Act of 1992 (33 U.S.C. amended— 1992 (106 Stat. 4826) is amended by striking 426i–1(e)(1)(A); 106 Stat. 4829) is amended by (1) by striking subsection (a); and ‘‘(8662)’’ and inserting ‘‘(8862)’’. inserting before the semicolon the following: (2) by redesignating subsections (b), (c), ‘‘and enters into a written agreement with (b) SECTION 225 OF 1992 ACT.—Section 225(c) (d), and (e) as subsections (a), (b), (c), and (d), of the Water Resources Development Act of the non-Federal interest with respect to the respectively. project or separable element (including the 1992 (106 Stat. 4838) is amended by striking SEC. 230. SUPPORT OF ARMY CIVIL WORKS PRO- terms of cooperation)’’. ‘‘(8662)’’ in the second sentence and inserting GRAM. ‘‘(8862)’’. (e) STATE AND REGIONAL PLANS.—The Act (a) GENERAL AUTHORITY.—In carrying out entitled ‘‘An Act authorizing Federal par- research and development in support of the TITLE III—PROJECT MODIFICATIONS ticipation in the cost of protecting the civil works program of the Department of SEC. 301. MOBILE HARBOR, ALABAMA. shores of publicly owned property’’, approved the Army, the Secretary may utilize con- August 13, 1946, is further amended— tracts, cooperative research and develop- The undesignated paragraph under the (1) by redesignating section 4 (33 U.S.C. ment agreements, cooperative agreements, heading ‘‘MOBILE HARBOR, ALABAMA’’ in sec- 426h) as section 5; and and grants with non-Federal entities, includ- tion 201(a) of the Water Resources Develop- (2) by inserting after section 3 (33 U.S.C. ing State and local governments, colleges ment Act of 1986 (100 Stat. 4090) is amended 426g) the following: and universities, consortia, professional and by striking the first semicolon and all that follows and inserting a period and the follow- ‘‘SEC. 4. STATE AND REGIONAL PLANS. technical societies, public and private sci- ing: ‘‘In disposing of dredged material from ‘‘The Secretary may— entific and technical foundations, research such project, the Secretary, after compliance ‘‘(1) cooperate with any State in the prepa- institutions, educational organizations, and with applicable laws and after opportunity ration of a comprehensive State or regional nonprofit organizations. for public review and comment, may con- plan for the conservation of coastal re- (b) SPECIAL RULES.—With respect to con- sider alternatives to disposal of such mate- sources located within the boundaries of the tracts for research and development, the rial in the Gulf of Mexico, including environ- State; Secretary may include requirements that mentally acceptable alternatives for bene- ‘‘(2) encourage State participation in the have potential commercial application and ficial uses of dredged material and environ- implementation of the plan; and may also use such potential application as mental restoration.’’. ‘‘(3) submit to Congress reports and rec- an evaluation factor where appropriate. ommendations with respect to appropriate SEC. 231. BENEFITS TO NAVIGATION. SEC. 302. ALAMO DAM, ARIZONA. Federal participation in carrying out the In evaluating potential improvements to The project for flood control and other pur- plan.’’. navigation and the maintenance of naviga- poses, Alamo Dam and Lake, Arizona, au- (f) DEFINITIONS.— tion projects, the Secretary shall consider, thorized by section 10 of the River and Har- (1) IN GENERAL.—Section 5 of the Act enti- and include for purposes of project justifica- bor Act of December 22, 1944, (58 Stat. 900), is tled ‘‘An Act authorizing Federal participa- tion, economic benefits generated by cruise modified to authorize the Secretary to oper- tion in the cost of protecting the shores of ships as commercial navigation benefits. ate the Alamo Dam to provide fish and wild- publicly owned property’’, approved August SEC. 232. LOSS OF LIFE PREVENTION. life benefits both upstream and downstream 13, 1946 (33 U.S.C. 426h), (as redesignated by Section 904 of the Water Resources Devel- of the Dam. Such operation shall not reduce subsection (e)(1)) is amended to read as fol- opment Act of 1986 (33 U.S.C. 2281) is amend- flood control and recreation benefits pro- lows: ed by inserting ‘‘including the loss of life vided by the project. H8706 CONGRESSIONAL RECORD — HOUSE July 30, 1996 SEC. 303. NOGALES WASH AND TRIBUTARIES, ARI- non-Federal share of project costs and any for general navigation features. The Federal ZONA. available credits toward the non-Federal and non-Federal shares of the cost of the re- The project for flood control, Nogales Wash share shall be calculated on the basis of the classified work shall be determined in ac- and tributaries, Arizona, authorized by sec- total cost of the combined project. cordance with section 101 of the Water Re- tion 101(a)(4) of the Water Resources Devel- SEC. 310. QUEENSWAY BAY, CALIFORNIA. sources Development Act of 1986. opment Act of 1990 (104 Stat. 4606), is modi- Section 4(e) of the Water Resources Devel- SEC. 315. CAPTIVA ISLAND, FLORIDA. fied to direct the Secretary to permit the opment Act of 1988 (102 Stat. 4016) is amended The project for shoreline protection, non-Federal contribution for the project to by adding at the end the following sentence: Captiva Island, Lee County, Florida, author- be determined in accordance with sections ‘‘In addition, the Secretary shall perform ad- ized pursuant to section 201 of the Flood 103(k) and 103(m) of the Water Resources De- vance maintenance dredging in the Control Act of 1965 (79 Stat. 1073), is modified velopment Act of 1986 and to direct the Sec- Queensway Bay Channel, California, at a to direct the Secretary to reimburse the non- retary to enter into negotiations with non- total cost of $5,000,000.’’. Federal interest for beach renourishment Federal interests pursuant to section 103(l) SEC. 311. SAN LUIS REY, CALIFORNIA. work accomplished by such interest as if of such Act concerning the timing of the ini- The project for flood control of the San such work occurred after execution of the tial payment of the non-Federal contribu- Luis Rey River, California, authorized pursu- agreement entered into pursuant to section tion. ant to section 201 of the Flood Control Act of 215 of the Flood Control Act of 1968 (42 U.S.C. SEC. 304. PHOENIX, ARIZONA. 1965 (42 U.S.C. 1962d–5; 79 Stat. 1073–1074), is 1962d–5) with respect to such project. Section 321 of the Water Resources Devel- modified to authorize the Secretary to con- SEC. 316. CENTRAL AND SOUTHERN FLORIDA, opment Act of 1992 (106 Stat. 4848) is amend- struct the project at a total cost not to ex- CANAL 51. ed— ceed $81,600,000 with an estimated Federal The project for flood protection of West (1) by striking ‘‘control’’ and inserting cost of $61,100,000 and an estimated non-Fed- Palm Beach, Florida (C–51), authorized by ‘‘control, ecosystem restoration,’’; and eral cost of $20,500,000. section 203 of the Flood Control Act of 1962 (2) by striking ‘‘$6,500,000.’’ and inserting SEC. 312. THAMES RIVER, CONNECTICUT. (76 Stat. 1183), is modified to provide for the ‘‘$17,500,000.’’. (a) RECONFIGURATION OF TURNING BASIN.— construction of an enlarged stormwater de- SEC. 305. SAN FRANCISCO RIVER AT CLIFTON, AR- The project for navigation, Thames River, tention area, Storm Water Treatment Area 1 IZONA. Connecticut, authorized by the first section East, generally in accordance with the plan The project for flood control, San Fran- of the Act entitled ‘‘An Act authorizing con- of improvements described in the February cisco River, Clifton, Arizona, authorized by struction, repair, and preservation of certain 15, 1994, report entitled ‘‘Everglades Protec- section 101(a)(3) of the Water Resources De- public works on rivers and harbors, and for tion Project, Palm Beach County, Florida, velopment Act of 1990 (104 Stat. 4606), is other purposes’’, approved August 30, 1935 (49 Conceptual Design’’, with such modifications modified to authorize the Secretary to con- Stat. 1029), is modified to make the turning as are approved by the Secretary. The addi- struct the project at a total cost of basin have the following alignment: Starting tional work authorized by this subsection $21,100,000, with an estimated Federal cost of at a point on the eastern limit of the exist- shall be accomplished at Federal expense. $13,800,000 and an estimated non-Federal cost ing project, N251052.93, E783934.59, thence Operation and maintenance of the of $7,300,000. running north 5 degrees 25 minutes 21.3 sec- stormwater detention area shall be consist- SEC. 306. CHANNEL ISLANDS HARBOR, CALIFOR- onds east 341.06 feet to a point, N251392.46, ent with regulations prescribed by the Sec- NIA. E783966.82, thence running north 47 degrees 24 retary for the Central and Southern Florida The project for navigation, Channel Islands minutes 14.0 seconds west 268.72 feet to a project, and all costs of such operation and Harbor, Port of Hueneme, California, author- point, N251574.34, E783769.00, thence running maintenance shall be provided by non-Fed- ized by section 101 of the River and Harbor north 88 degrees 41 minutes 52.2 seconds west eral interests. Act of 1954 (68 Stat. 1252) is modified to di- 249.06 feet to a point, N251580.00, E783520.00, SEC. 317. CENTRAL AND SOUTHERN FLORIDA, rect the Secretary to pay 100 percent of the thence running south 46 degrees 16 minutes CANAL 111 (C–111). costs of dredging the Channel Islands Harbor 22.9 seconds west 318.28 feet to a point, (a) IN GENERAL.—The project for Central sand trap. N251360.00, E783290.00, thence running south and Southern Florida, authorized by section SEC. 307. GLENN-COLUSA, CALIFORNIA. 19 degrees 01 minute 32.2 seconds east 306.76 203 of the Flood Control Act of 1948 (62 Stat. The project for flood control, Sacramento feet to a point, N251070.00, E783390.00, thence 1176) and modified by section 203 of the Flood River, California, authorized by section 2 of running south 45 degrees 00 minutes 00 sec- Control Act of 1968 (82 Stat. 740–741), is modi- the Act entitled ‘‘An Act to provide for the onds east 155.56 feet to a point, N250960.00, fied to authorize the Secretary to implement control of the floods of the Mississippi River E783500.00 on the existing western limit. the recommended plan of improvement con- and the Sacramento River, California, and (b) NON-FEDERAL RESPONSIBILITY FOR INI- tained in a report entitled ‘‘Central and for other purposes’’, approved March 1, 1917 TIAL DREDGING.—Any required initial dredg- Southern Florida Project, Final Integrated (39 Stat. 948), and as modified by section 102 ing of the widened portions of the turning General Reevaluation Report and Environ- of the Energy and Water Development Ap- basin identified in subsection (a) shall be ac- mental Impact Statement, Canal 111 (C–111), propriations Act, 1990 (103 Stat. 649), is fur- complished at non-Federal expense. South Dade County, Florida’’, dated May ther modified to authorize the Secretary to (c) CONFORMING DEAUTHORIZATION.—Those 1994, including acquisition by non-Federal in- carry out the portion of the project at portions of the existing turning basin which terests of such portions of the Frog Pond and Glenn-Colusa, California, at a total cost of are not included in the reconfigured turning Rocky Glades areas as are needed for the $14,200,000. basin as described in subsection (a) shall no project. SEC. 308. LOS ANGELES AND LONG BEACH HAR- longer be authorized after the date of the en- (b) COST SHARING.— BORS, SAN PEDRO BAY, CALIFORNIA. actment of this Act. (1) FEDERAL SHARE.—The Federal share of The navigation project for Los Angeles and SEC. 313. POTOMAC RIVER, WASHINGTON, DIS- the cost of implementing the plan of im- Long Beach Harbors, San Pedro Bay, Califor- TRICT OF COLUMBIA. provement shall be 50 percent. nia, authorized by section 201(b) of the Water The project for flood protection, Potomac (2) DEPARTMENT OF INTERIOR RESPONSIBIL- Resources Development Act of 1986 (100 Stat. River, Washington, District of Columbia, au- ITY.—The Department of the Interior shall 4091), is modified to provide that, notwith- thorized by section 5 of the Flood Control pay 25 percent of the cost of acquiring such standing section 101(a)(4) of such Act, the Act of June 22, 1936 (74 Stat. 1574), is modi- portions of the Frog Pond and Rocky Glades cost of the relocation of the sewer outfall by fied to authorize the Secretary to construct areas as are needed for the project. The the Port of Los Angeles shall be credited to- the project substantially in accordance with amount paid by the Department of the Inte- ward the payment required from the non- the General Design Memorandum dated May rior shall be included as part of the Federal Federal interest by section 101(a)(2) of such 1992 at a Federal cost of $1,800,000; except share of the cost of implementing the plan. Act. that a temporary closure may be used in- (3) OPERATION AND MAINTENANCE.—The non- SEC. 309. OAKLAND HARBOR, CALIFORNIA. stead of a permanent structure at 17th Federal share of operation and maintenance The projects for navigation, Oakland Outer Street. Operation and maintenance of the costs of the improvements undertaken pur- Harbor, California, and Oakland Inner Har- project shall be a Federal responsibility. suant to this subsection shall be 100 percent; bor, California, authorized by section 202 of SEC. 314. CANAVERAL HARBOR, FLORIDA. except that the Federal Government shall re- the Water Resources Development Act of The project for navigation, Canaveral Har- imburse the non-Federal project sponsor 60 1986 (100 Stat. 4092), are modified by combin- bor, Florida, authorized by section 101(7) of percent of the costs of operating and main- ing the 2 projects into 1 project, to be des- the Water Resources Development Act of taining pump stations that pump water into ignated as the Oakland Harbor, California, 1992 (106 Stat. 4802), is modified to authorize Taylor Slough in the Everglades National project. The Oakland Harbor, California, the Secretary to reclassify the removal and Park. project shall be prosecuted by the Secretary replacement of stone protection on both SEC. 318. JACKSONVILLE HARBOR (MILL COVE), substantially in accordance with the plans sides of the channel as general navigation FLORIDA. and subject to the conditions recommended features. The Secretary shall reimburse any The project for navigation, Jacksonville in the reports designated in such section 202, costs that are incurred by the non-Federal Harbor (Mill Cove), Florida, authorized by at a total cost of $90,850,000, with an esti- sponsor in connection with the reclassified section 601(a) of the Water Resources Devel- mated Federal cost of $59,150,000 and an esti- work and that the Secretary determines to opment Act of 1986 (100 Stat. 4139–4140), is mated non-Federal cost of $31,700,000. The be in excess of the non-Federal share of costs modified to direct the Secretary to carry out July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8707 a project for flow and circulation improve- the River and Harbor Act of 1962 (76 Stat. of 1965 (79 Stat. 1077), is modified to author- ment within Mill Cove, at a total cost of 1175), is modified to add fish and wildlife and ize the Secretary to construct a permanent $2,000,000, with an estimated Federal cost of habitat restoration as project purposes. breakwater and levee system at a total cost $2,000,000. SEC. 325. LOCKS AND DAM 26, ALTON, ILLINOIS of $17,000,000. SEC. 319. PANAMA CITY BEACHES, FLORIDA. AND MISSOURI. SEC. 333. LAKE PONTCHARTRAIN, LOUISIANA. (a) IN GENERAL.—The project for shoreline Section 102(l) of the Water Resources De- The project for hurricane damage preven- protection, Panama City Beaches, Florida, velopment Act of 1990 (104 Stat. 4613) is tion and flood control, Lake Pontchartrain, authorized by section 501(a) of the Water Re- amended— Louisiana, authorized by section 204 of the sources Development Act of 1986 (100 Stat. (1) by striking ‘‘, that requires no sepa- Flood Control Act of 1965 (79 Stat. 1077), is 4133), is modified to direct the Secretary to rable project lands and’’ and inserting ‘‘on modified to provide that St. Bernard Parish, enter into an agreement with the non-Fed- project lands and other contiguous non- Louisiana, and the Lake Borgne Basin Levee eral interest for carrying out such project in project lands, including those lands referred District, Louisiana, shall not be required to accordance with section 206 of the Water Re- to as the Alton Commons. The recreational pay the unpaid balance, including interest, sources Development Act of 1992 (106 Stat. development’’; of the non-Federal cost-share of the project. 4828). (2) by inserting ‘‘shall be’’ before ‘‘at a SEC. 334. MISSISSIPPI DELTA REGION, LOUISI- (b) REPORT.—Not later than 6 months after Federal construction’’; and ANA. the date of the enactment of this Act, the (3) by striking ‘‘. The recreational develop- The Mississippi Delta Region project, Lou- Secretary shall transmit to Congress a re- ment’’ and inserting ‘‘, and’’. isiana, authorized as part of the project for port on the progress made in carrying out SEC. 326. NORTH BRANCH OF CHICAGO RIVER, IL- hurricane-flood protection project on Lake this section. LINOIS. Pontchartrain, Louisiana, by section 204 of SEC. 320. TYBEE ISLAND, GEORGIA. The project for flood protection, North the Flood Control Act of 1965 (79 Stat. 1077), The project for beach erosion control, Branch of the Chicago River, Illinois, au- is modified to direct the Secretary to pro- Tybee Island, Georgia, authorized pursuant thorized by section 401(a) of the Water Re- vide a credit to the State of Louisiana to- to section 201 of the Flood Control Act of sources Development Act of 1986 (100 Stat. ward its non-Federal share of the cost of the 1968 (42 U.S.C. 1962d–5), is modified to include 4115), is modified to authorize the Secretary project. The credit shall be for the cost in- as an integral part of the project the portion to carry out the project in accordance with curred by the State in developing and relo- of the ocean shore of Tybee Island located the report of the Corps of Engineers dated cating oyster beds to offset the adverse im- south of the existing south terminal groin March 1994, at a total cost of $34,228,000, with pacts on active and productive oyster beds in between 18th and 19th Streets. an estimated Federal cost of $20,905,000 and the Davis Pond project area but shall not ex- SEC. 321. WHITE RIVER, INDIANA. an estimated non-Federal cost of $13,323,000. ceed $7,500,000. The project for flood control, Indianapolis SEC. 327. ILLINOIS AND MICHIGAN CANAL. SEC. 335. MISSISSIPPI RIVER OUTLETS, VENICE, on West Fork of the White River, Indiana, Section 314(a) of the Water Resources De- LOUISIANA. authorized by section 5 of the Flood Control velopment Act of 1992 (106 Stat. 4847) is The project for navigation, Mississippi Act of June 22, 1936 (49 Stat. 1586), is modi- amended by adding at the end the following: River Outlets, Venice, Louisiana, authorized fied to authorize the Secretary to undertake ‘‘Such improvements shall include marina by section 101 of the River and Harbor Act of riverfront alterations as described in the development at Lock 14, to be carried out in 1968 (82 Stat. 731), is modified to provide for Central Indianapolis Waterfront Concept consultation with the Illinois Department of the extension of the 16-foot deep by 250-foot Master Plan, dated February 1994, at a total Natural Resources, at a total cost of wide Baptiste Collette Bayou entrance chan- cost of $85,975,000, with an estimated first $6,374,000.’’. nel to approximately Mile 8 of the Mis- Federal cost of $39,975,000 and an estimated SEC. 328. HALSTEAD, KANSAS. sissippi River-Gulf Outlet navigation chan- first non-Federal cost of $46,000,000. The cost The project for flood control, Halstead, nel, at a total estimated Federal cost of of work, including relocations undertaken by Kansas, authorized by section 401(a) of the $80,000. the non-Federal interest after February 15, Water Resources Development Act of 1986 SEC. 336. RED RIVER WATERWAY, LOUISIANA. 1994, on features identified in the Master (100 Stat. 4116), is modified to authorize the The project for mitigation of fish and wild- Plan shall be credited toward the non-Fed- Secretary to carry out the project in accord- life losses, Red River Waterway, Louisiana, eral share of project costs. ance with the report of the Corps of Engi- authorized by section 601(a) of the Water Re- SEC. 322. CHICAGO, ILLINOIS. neers dated March 19, 1993, at a total cost of sources and Development Act of 1986 (100 The project for flood control, Chicagoland $11,100,000, with an estimated Federal cost of Stat. 4142) and modified by section 102(p) of Underflow Plan, Illinois, authorized by sec- $8,325,000 and an estimated non-Federal cost the Water Resources and Development Act of tion 3(a)(5) of the Water Resources Develop- of $2,775,000. 1990 (104 Stat. 4613), is further modified— ment Act of 1988 (102 Stat. 4013), is modified SEC. 329. LEVISA AND TUG FORKS OF THE BIG (1) to authorize the Secretary to carry out to limit the capacity of the reservoir project SANDY RIVER AND CUMBERLAND the project at a total cost of $10,500,000; and not to exceed 11,000,000,000 gallons or 32,000 RIVER, KENTUCKY, WEST VIRGINIA, (2) to provide that lands that are purchased acre-feet, to provide that the reservoir AND VIRGINIA. adjacent to the Loggy Bayou Wildlife Man- project may not be located north of 55th The project for flood control, Levisa and agement Area may be located in Caddo Par- Street or west of East Avenue in the vicinity Tug Forks of the Big Sandy River and Cum- ish or Red River Parish. of McCook, Illinois, and to provide that the berland River, Kentucky, West Virginia, and SEC. 337. WESTWEGO TO HARVEY CANAL, LOUISI- reservoir project may only be constructed on Virginia, authorized by section 202(a) of the ANA. the basis of a specific plan that has been Energy and Water Development Appropria- The project West Bank Hurricane Protec- evaluated by the Secretary under the provi- tion Act, 1981 (94 Stat. 1339), is modified to tion Levee, Jefferson Parish, Louisiana, au- sions of the National Environmental Policy provide that the minimum level of flood pro- thorized by section 401(f) of the Water Re- Act of 1969. tection to be afforded by the project shall be sources Development Act of 1986 (100 Stat. the level required to provide protection from 4128), is modified to include the Lake SEC. 323. CHICAGO LOCK AND THOMAS J. a 100-year flood or from the flood of April O’BRIEN LOCK, ILLINOIS. Cataouatche Area Levee as part of the au- 1977, whichever level of protection is greater. The project for navigation, Chicago Har- thorized project, at a total cost of $14,375,000, bor, Lake Michigan, Illinois, for which oper- SEC. 330. PRESTONBURG, KENTUCKY. with an estimated Federal cost of $9,344,000 ation and maintenance responsibility was Section 109(a) of Public Law 104–46 (109 and an estimated non-Federal cost of transferred to the Secretary under chapter Stat. 408) is amended by striking ‘‘Modifica- $5,031,000. IV of title I of the Supplemental Appropria- tion No. 2’’ and inserting ‘‘Modification No. SEC. 338. TOLCHESTER CHANNEL, MARYLAND. tions Act, 1983 (97 Stat. 311) and section 107 3’’. The project for navigation, Baltimore Har- of the Energy and Water Development Ap- SEC. 331. COMITE RIVER, LOUISIANA. bor and Channels, Maryland, authorized by propriation Act, 1982 (95 Stat. 1137) is modi- The Comite River Diversion project for section 101 of the River and Harbor Act of fied to direct the Secretary to conduct a flood control, authorized as part of the 1958 (72 Stat. 297) is modified to direct the study to determine the feasibility of making project for flood control, Amite River and Secretary— such structural repairs as are necessary to Tributaries, Louisiana, by section 101(11) of (1) to expedite review of potential straight- prevent leakage through the Chicago Lock the Water Resource Development Act of 1992 ening of the channel at the Tolchester Chan- and the Thomas J. O’Brien Lock, Illinois, (106 Stat. 4802–4803), is modified to authorize nel S-Turn; and and to determine the need for installing per- the Secretary to construct the project at a (2) if determined to be feasible and nec- manent flow measurement equipment at total cost of $121,600,000, with an estimated essary for safe and efficient navigation, to such locks to measure any leakage. The Sec- Federal cost of $70,577,000 and an estimated implement such straightening as part of retary is authorized to carry out such repairs non-Federal cost of $51,023,000. project maintenance. and installations as are necessary following SEC. 332. GRAND ISLE AND VICINITY, LOUISIANA. SEC. 339. SAGINAW RIVER, MICHIGAN. completion of the study. The project for hurricane damage preven- The project for flood protection, Saginaw SEC. 324. KASKASKIA RIVER, ILLINOIS. tion, flood control, and beach erosion along River, Michigan, authorized by section 203 of The project for navigation, Kaskaskia Grand Isle and Vicinity, Louisiana, author- the Flood Control Act of 1958 (72 Stat. 311) is River, Illinois, authorized by section 101 of ized by section 204 of the Flood Control Act modified to include as part of the project the H8708 CONGRESSIONAL RECORD — HOUSE July 30, 1996 design and construction of an inflatable dam SEC. 345. JOSEPH G. MINISH PASSAIC RIVER place uncontaminated dredged material on on the Flint River, Michigan, at a total cost PARK, NEW JERSEY. beach areas downdrift from the federally of $500,000. Section 101(a)(18)(B) of the Water Re- maintained channel for the purpose of miti- SEC. 340. SAULT SAINTE MARIE, CHIPPEWA sources Development Act of 1990 (104 Stat. gating the interruption of littoral system COUNTY, MICHIGAN. 4608) is amended by striking ‘‘$25,000,000’’ and natural processes caused by the jetty and (a) IN GENERAL.—The project for naviga- inserting ‘‘$75,000,000’’. continued dredging of the federally main- tion, Sault Sainte Marie, Chippewa County, SEC. 346. MOLLY ANN’S BROOK, NEW JERSEY. tained channel. Michigan, authorized by section 1149 of the The project for flood control, Molly Ann’s SEC. 352. KILL VAN KULL, NEW YORK AND NEW Water Resources Development Act of 1986 Brook, New Jersey, authorized by section JERSEY. (100 Stat. 4254–4255), is modified as provided 401(a) of the Water Resources Development The project for navigation, Kill Van Kull, by this subsection. Act of 1986 (100 Stat. 4119), is modified to au- New York and New Jersey, authorized by (b) PAYMENT OF NON-FEDERAL SHARE.—The thorize the Secretary to carry out the section 202(a) of the Water Resources Devel- non-Federal share of the cost of the project project in accordance with the report of the opment Act of 1986 (100 Stat. 4095), is modi- referred to in subsection (a) shall be paid as Corps of Engineers dated April 3, 1996, at a fied to authorize the Secretary to carry out follows: total cost of $40,100,000, with an estimated the project at a total cost of $750,000,000. (1) That portion of the non-Federal share Federal cost of $22,600,000 and an estimated SEC. 353. WILMINGTON HARBOR-NORTHEAST which the Secretary determines is attrib- non-Federal cost of $17,500,000. CAPE FEAR RIVER, NORTH CARO- utable to use of the lock by vessels calling at LINA. SEC. 347. PASSAIC RIVER, NEW JERSEY. The project for navigation, Wilmington Canadian ports shall be paid by the United Section 1148 of the Water Resources Devel- States. Harbor-Northeast Cape Fear River, North opment Act of 1986 (100 Stat. 4254) is amended Carolina, authorized by section 202(a) of the (2) The remaining portion of the non-Fed- to read as follows: eral share shall be paid by the Great Lakes Water Resources Development Act of 1986 States pursuant to an agreement entered ‘‘SEC. 1148. PASSAIC RIVER BASIN. (100 Stat. 4095), is modified to authorize the into by such States. ‘‘(a) ACQUISITION OF LANDS.—The Secretary Secretary to construct the project substan- (c) PAYMENT TERM OF ADDITIONAL PER- is authorized to acquire from willing sellers tially in accordance with the General Design Memorandum dated April 1990 and the Gen- CENTAGE.—The amount to be paid by non- lands on which residential structures are lo- Federal interests pursuant to section 101(a) cated and which are subject to frequent and eral Design Memorandum Supplement dated of the Water Resources Development Act of recurring flood damage, as identified in the February 1994, at a total cost of $52,041,000, 1986 (33 U.S.C. 2211(a)) and this subsection supplemental floodway report of the Corps of with an estimated Federal cost of $25,729,000 with respect to the project referred to in sub- Engineers, Passaic River Buyout Study, Sep- and an estimated non-Federal cost of section (a) may be paid over a period of 50 tember 1995, at an estimated total cost of $26,312,000. years or the expected life of the project, $194,000,000. SEC. 354. GARRISON DAM, NORTH DAKOTA. whichever is shorter. ‘‘(b) RETENTION OF LANDS FOR FLOOD PRO- The project for flood control, Garrison (d) GREAT LAKES STATES DEFINED.—For the TECTION.—Lands acquired by the Secretary Dam, North Dakota, authorized by section 9 purposes of this section, the term ‘‘Great under this section shall be retained by the of the Flood Control Act of December 22, 1944 Lakes States’’ means the States of Illinois, Secretary for future use in conjunction with (58 Stat. 891), is modified to authorize the Indiana, Michigan, Minnesota, New York, flood protection and flood management in Secretary to acquire permanent flowage and Ohio, Pennsylvania, and Wisconsin. the Passaic River Basin. saturation easements over the lands in Wil- liams County, North Dakota, extending from SEC. 341. STILLWATER, MINNESOTA. ‘‘(c) COST SHARING.—The non-Federal share the riverward margin of the Buford-Trenton Section 363 of the Water Resources Devel- of the cost of carrying out this section shall Irrigation District main canal to the north opment Act of 1992 (106 Stat. 4861–4862) is be 25 percent plus any amount that might re- sult from application of the requirements of bank of the Missouri River, beginning at the amended— Buford-Trenton Irrigation District pumping (1) by inserting after ‘‘riverfront,’’ the fol- subsection (d). ‘‘(d) APPLICABILITY OF BENEFIT-COST RATIO station located in the northeast quarter of lowing: ‘‘and expansion of such system if the section 17, township 152 north, range 104 Secretary determines that the expansion is WAIVER AUTHORITY.—In evaluating and im- plementing the project under this section, west, and continuing northeasterly down- feasible,’’; stream to the land referred to as the East (2) by striking ‘‘$3,200,000’’ and inserting the Secretary shall allow the non-Federal in- terest to participate in the financing of the Bottom, and any other lands outside of the ‘‘$11,600,000’’; boundaries of the Buford-Trenton Irrigation (3) by striking ‘‘$2,400,000’’ and inserting project in accordance with section 903(c) of this Act, to the extent that the Secretary’s District which have been adversely affected ‘‘$8,700,000’’; and by rising ground water and surface flooding. (4) by striking ‘‘$800,000’’ and inserting evaluation indicates that applying such sec- tion is necessary to implement the project.’’. Any easement acquired by the Secretary ‘‘$2,900,000’’. pursuant to this subsection shall include the SEC. 342. CAPE GIRARDEAU, MISSOURI. SEC. 348. RAMAPO RIVER AT OAKLAND, NEW JER- right, power, and privilege of the Govern- SEY AND NEW YORK. The project for flood control, Cape ment to submerge, overflow, percolate, and The project for flood control, Ramapo Girardeau, Jackson Metropolitan Area, Mis- saturate the surface and subsurface of the River at Oakland, New Jersey and New York, souri, authorized by section 401(a) of the land. The cost of acquiring such easements Water Resources Development Act of 1986 authorized by section 401(a) of the Water Re- shall not exceed 90 percent, or be less than 75 (100 Stat. 4118–4119), is modified to authorize sources Development Act of 1986 (100 Stat. percent, of the unaffected fee value of the the Secretary to construct the project, in- 4120), is modified to authorize the Secretary lands. The project is further modified to au- cluding implementation of nonstructural to carry out the project in accordance with thorize the Secretary to provide a lump sum measures, at a total cost of $45,414,000, with the report of the Corps of Engineers dated payment of $60,000 to the Buford-Trenton Ir- an estimated Federal cost of $33,030,000 and May 1994, at a total cost of $11,300,000, with rigation District for power requirements as- an estimated non-Federal cost of $12,384,000. an estimated Federal cost of $8,500,000 and an sociated with operation of the drainage estimated non-Federal cost of $2,800,000. SEC. 343. NEW MADRID HARBOR, MISSOURI. pumps and to relinquish all right, title, and The project for navigation, New Madrid SEC. 349. RARITAN BAY AND SANDY HOOK BAY, interest of the United States to the drainage Harbor, Missouri, authorized pursuant to NEW JERSEY. pumps located within the boundaries of the section 107 of the River and Harbor Act of Section 102(q) of the Water Resources De- Irrigation District. 1960 (33 U.S.C. 577) and modified by section velopment Act of 1992 (106 Stat. 4808) is SEC. 355. RENO BEACH-HOWARDS FARM, OHIO. 102(n) of the Water Resources Development amended by striking ‘‘for Cliffwood Beach’’. The project for flood protection, Reno Act of 1992 (106 Stat. 4807), is further modi- SEC. 350. ARTHUR KILL, NEW YORK AND NEW Beach-Howards Farm, Ohio, authorized by fied to direct the Secretary to assume re- JERSEY. section 203 of the Flood Control Act, 1948 (62 sponsibility for maintenance of the existing The project for navigation, Arthur Kill, Stat. 1178), is modified to provide that the Federal channel referred to in such section New York and New Jersey, authorized by value of lands, easements, rights-of-way, and 102(n) in addition to maintaining New Ma- section 202(b) of the Water Resources Devel- disposal areas that are necessary to carry drid County Harbor. opment Act of 1986 (100 Stat. 4098), is modi- out the project and are provided by the non- SEC. 344. ST. JOHN’S BAYOU—NEW MADRID fied to authorize the Secretary to carry out Federal interest shall be determined on the FLOODWAY, MISSOURI. the project to a depth of not to exceed 45 feet basis of the appraisal performed by the Corps Notwithstanding any other provision of if determined to be feasible by the Secretary of Engineers and dated April 4, 1985. law, Federal assistance made available under at a total cost of $83,000,000. SEC. 356. WISTER LAKE, OKLAHOMA. the rural enterprise zone program of the De- SEC. 351. JONES INLET, NEW YORK. The flood control project for Wister Lake, partment of Agriculture may be used toward The project for navigation, Jones Inlet, LeFlore County, Oklahoma, authorized by payment of the non-Federal share of the New York, authorized by section 2 of the Act section 4 of the Flood Control Act of June 28, costs of the project for flood control, St. entitled ‘‘An Act authorizing construction, 1938 (52 Stat. 1218), is modified to increase John’s Bayou and New Madrid Floodway, repair, and preservation of certain public the elevation of the conservation pool to 478 Missouri, authorized by section 401(a) of the works on rivers and harbors, and for other feet and to adjust the seasonal pool oper- Water Resources Development Act of 1986 purposes’’, approved March 2, 1945 (59 Stat. ation to accommodate the change in the con- (100 Stat. 4118). 13), is modified to direct the Secretary to servation pool elevation. July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8709

SEC. 357. BONNEVILLE LOCK AND DAM, COLUM- (f) ACKNOWLEDGMENT OF ENTITLEMENTS; and disposal of sediment to a depth of 6 feet BIA RIVER, OREGON AND WASHING- RELEASE BY CITY OF CLAIMS.—Within 60 days detained within portions of the Fairmount TON. after the conveyances authorized by sub- pool between the Fairmount Dam and the (a) IN GENERAL.—The project for Bonne- section (a) (other than paragraph (6)(B)) have Columbia Bridge, generally within the limits ville Lock and Dam, Columbia River, Oregon been completed, the city shall execute an ac- of the channel alignments referred to as the and Washington, authorized by the Act of knowledgement that all entitlements under Schuylkill River Racecourse and return lane, August 20, 1937 (50 Stat. 731), and modified by such paragraph have been completed and and the Belmont Water Works intakes and section 83 of the Water Resources Develop- shall execute a release of any and all claims Boathouse Row. ment Act of 1974 (88 Stat. 35), is further for relief of any kind against the United SEC. 364. SOUTH CENTRAL PENNSYLVANIA. modified to authorize the Secretary to con- States arising out of this subsection. vey to the city of North Bonneville, Wash- (a) COST SHARING.—Section 313(d)(3)(A) of (g) EFFECTS ON CITY.—Beginning on the the Water Resources Development Act of ington, at no further cost to the city, all date of the enactment of this Act, the city of right, title and interest of the United States 1992 (106 Stat. 4846; 109 Stat. 407) is amended North Bonneville, or any successor in inter- to read as follows: in and to the following: est thereto, shall— (1) Any municipal facilities, utilities fix- ‘‘(A) IN GENERAL.—Total project costs (1) be precluded from exercising any juris- under each local cooperation agreement en- tures, and equipment for the relocated city, diction over any lands owned in whole or in and any remaining lands designated as open tered into under this subsection shall be part by the United States and administered shared at 75 percent Federal and 25 percent spaces or municipal lots not previously con- by the United States Army Corps of Engi- veyed to the city, specifically, Lots M1 non-Federal. The non-Federal interest shall neers in connection with the Bonneville receive credit for design and construction through M15, M16 (the ‘‘community center project; and lot’’), M18, M19, M22, M24, S42 through S45, services and other in-kind work, whether oc- (2) be authorized to change the zoning des- curring subsequent to, or within 6 years and S52 through S60. ignations of, sell, or resell Parcels S35 and (2) The ‘‘school lot’’ described as Lot 2, prior to, entering into an agreement with S56, which are presently designated as open the Secretary. The Federal share may be block 5, on the plat of relocated North Bon- spaces. neville. provided in the form of grants or reimburse- SEC. 358. COLUMBIA RIVER DREDGING, OREGON (3) Parcels 2 and C, but only upon the com- ments of project costs. Non-Federal interests AND WASHINGTON. shall also receive credit for grants and the pletion of any environmental response ac- The project for navigation, Lower Willam- tions required under applicable law. value of work performed on behalf of such in- ette and Columbia Rivers below Vancouver, terests by State and local agencies.’’. (4) That portion of Parcel B lying south of Washington and Portland, Oregon, author- the existing city boundary, west of the sew- (b) AUTHORIZATION OF APPROPRIATIONS.— ized by the first section of the River and Section 313(g)(1) of such Act (106 Stat. 4846; age treatment plant, and north of the drain- Harbor Appropriations Act of June 18, 1878 age ditch that is located adjacent to the 109 Stat. 407) is amended by striking (20 Stat. 152), is modified to direct the Sec- ‘‘$50,000,000’’ and inserting ‘‘$90,000,000’’. northerly limit of the Hamilton Island land- retary— SEC. 365. WYOMING VALLEY, PENNSYLVANIA. fill, provided the Secretary determines, at (1) to conduct channel simulation and to The project for flood control, Wyoming the time of the proposed conveyance, that carry out improvements to the existing deep Valley, Pennsylvania, authorized by section the Army has taken all action necessary to draft channel between the mouth of the river 401(a) of the Water Resources Development protect human health and the environment. and river mile 34 at a cost not to exceed Act of 1986 (100 Stat. 4124), is modified to au- (5) Such portions of Parcel H which can be $2,400,000; and thorize the Secretary to undertake as part of conveyed without a requirement for further (2) to conduct overdepth and advance the construction of the project mechanical investigation, inventory or other action by maintenance dredging that is necessary to and electrical upgrades to existing the Department of the Army under the pro- maintain authorized channel dimensions. visions of the National Historic Preservation stormwater pumping stations in the Wyo- SEC. 359. GRAYS LANDING LOCK AND DAM, ming Valley and to undertake mitigation Act. MONONGAHELA RIVER, PENNSYLVA- (6) Such easements as the Secretary deems NIA. measures. necessary for— The project for navigation Grays Landing SEC. 366. SAN JUAN HARBOR, PUERTO RICO. (A) sewer and water line crossings of relo- Lock and Dam, Monongahela River, Penn- The project for navigation, San Juan Har- cated Washington State Highway 14; and sylvania, authorized by section 301(a) of the bor, Puerto Rico, authorized by section (B) reasonable public access to the Colum- Water Resources Development Act of 1986 202(a) of the Water Resources Development bia River across those portions of Hamilton (100 Stat. 4110), is modified to authorize the Act of 1986 (100 Stat. 4097), is modified to au- Island that remain under the ownership of Secretary to construct the project at a total thorize the Secretary to deepen the bar the United States. cost of $181,000,000. The costs of construction channel to depths varying from 49 feet to 56 (b) TIME PERIOD FOR CONVEYANCES.—The of the project are to be paid 1⁄2 from amounts feet below mean low water with other modi- conveyances referred to in subsections (a)(1), appropriated from the general fund of the fications to authorized interior channels as (a)(2), (a)(5), and (a)(6)(A) shall be completed Treasury and 1⁄2 from amounts appropriated generally described in the General Reevalua- within 180 days after the United States re- from the Inland Waterways Trust Fund. tion Report and Environmental Assessment, ceives the release referred to in subsection SEC. 360. LACKAWANNA RIVER AT SCRANTON, dated March 1994, at a total cost of (d). All other conveyances shall be completed PENNSYLVANIA. $43,993,000, with an estimated Federal cost of expeditiously, subject to any conditions The project for flood control, Lackawanna $27,341,000 and an estimated non-Federal cost specified in the applicable subsection. River at Scranton, Pennsylvania, authorized of $16,652,000. (c) PURPOSE.—The purpose of the convey- by section 101(16) of the Water Resources De- SEC. 367. NARRAGANSETT, RHODE ISLAND. ances authorized by subsection (a) is to re- velopment Act of 1992 (106 Stat. 4803), is Section 361(a) of the Water Resources De- solve all outstanding issues between the modified to direct the Secretary to carry out velopment Act of 1992 (106 Stat. 4861) is United States and the city of North Bonne- the project for flood control for the Plot and amended— ville. Green Ridge sections of the project. (d) ACKNOWLEDGEMENT OF PAYMENT; RE- (1) by striking ‘‘$200,000’’ and inserting LEASE OF CLAIMS RELATING TO RELOCATION OF SEC. 361. MUSSERS DAM, MIDDLE CREEK, SNY- ‘‘$1,900,000’’; DER COUNTY, PENNSYLVANIA. CITY.—As a prerequisite to the conveyances (2) by striking ‘‘$150,000’’ and inserting authorized by subsection (a), the city of Section 209(e)(5) of the Water Resources ‘‘$1,425,000’’; and North Bonneville shall execute an acknowl- Development Act of 1992 (106 Stat. 4830) is (3) by striking ‘‘$50,000’’ and inserting edgement of payment of just compensation amended by striking ‘‘$3,000,000’’ and insert- ‘‘$475,000’’. and shall execute a release of any and all ing ‘‘$5,000,000’’. SEC. 368. CHARLESTON HARBOR, SOUTH CARO- claims for relief of any kind against the SEC. 362. SAW MILL RUN, PENNSYLVANIA. LINA. United States growing out of the relocation The project for flood control, Saw Mill The project for navigation, Charleston of the city of North Bonneville, or any prior Run, Pittsburgh, Pennsylvania, authorized Harbor, South Carolina, authorized by sec- Federal legislation relating thereto, and by section 401(a) of the Water Resources De- tion 202(a) of the Water Resources Develop- shall dismiss, with prejudice, any pending velopment Act of 1986 (100 Stat. 4124), is ment Act of 1986 (100 Stat. 4096), is modified litigation, if any, involving such matters. modified to authorize the Secretary to carry to direct the Secretary to undertake ditch- (e) RELEASE BY ATTORNEY GENERAL.—Upon out the project in accordance with the report ing, clearing, spillway replacement, and dike receipt of the city’s acknowledgment and re- of the Corps of Engineers dated April 8, 1994, reconstruction of the Clouter Creek Disposal lease referred to in subsection (d), the Attor- at a total cost of $12,780,000, with an esti- Area, as a part of the operation and mainte- ney General of the United States shall dis- mated Federal cost of $9,585,000 and an esti- nance of the Charleston Harbor project. miss any pending litigation, if any, arising mated non-Federal cost of $3,195,000. SEC. 369. DALLAS FLOODWAY EXTENSION, DAL- out of the relocation of the city of North SEC. 363. SCHUYLKILL RIVER, PENNSYLVANIA. LAS, TEXAS. Bonneville, and execute a release of any and The navigation project for the Schuylkill (a) IN GENERAL.—The project for flood con- all rights to damages of any kind under the River, Pennsylvania, authorized by the first trol, Dallas Floodway Extension, Dallas, February 20, 1987, judgment of the United section of the River and Harbor Appropria- Texas, authorized by section 301 of the River States Claims Court, including any interest tions Act of August 8, 1917 (40 Stat. 252), is and Harbor Act of 1965 (79 Stat. 1091), is thereon. modified to provide for the periodic removal modified to provide that flood protection H8710 CONGRESSIONAL RECORD — HOUSE July 30, 1996 works constructed by the non-Federal inter- for the activities prior to the date on which SEC. 378. WEST VIRGINIA TRAIL HEAD FACILI- ests along the Trinity River in Dallas, Texas, a project cooperative agreement is executed TIES. for Rochester Park and the Central for the project. Section 306 of the Water Resources Devel- opment Act of 1992 (106 Stat. 4840–4841) is Wastewater Treatment Plant shall be in- SEC. 374. EAST WATERWAY, WASHINGTON. cluded as a part of the project and the cost amended by adding at the end the following: The project for navigation, East and West of such works shall be credited against the ‘‘The Secretary shall enter into an inter- waterways, Seattle Harbor, Washington, au- non-Federal share of project costs but shall agency agreement with the Federal entity thorized by the first section of the River and not be included in calculating benefits of the which provided assistance in the preparation Harbor Appropriations Act of March 2, 1919 project. of the study for the purposes of providing on- (40 Stat. 1275), is modified to direct the Sec- (b) DETERMINATION OF AMOUNT.—The going technical assistance and oversight for retary— amount to be credited under subsection (a) the trail facilities envisioned by the master (1) to expedite review of potential deepen- shall be determined by the Secretary. In de- plan developed under this section. The Fed- ing of the channel in the East waterway termining such amount, the Secretary may eral entity shall provide such assistance and from Elliott Bay to Terminal 25 to a depth of permit crediting only for that portion of the oversight.’’. up to 51 feet; and work performed by the non-Federal interests SEC. 379. KICKAPOO RIVER, WISCONSIN. (2) if determined to be feasible, to imple- which is compatible with the project referred (a) IN GENERAL.—The project for flood con- ment such deepening as part of project main- to in subsection (a), including any modifica- trol and allied purposes, Kickapoo River, tenance. tion thereof, and which is required for con- Wisconsin, authorized by section 203 of the struction of such project. In carrying out work authorized by this sec- Flood Control Act of 1962 (76 Stat. 1190) and (c) CASH CONTRIBUTION.—Nothing in this tion, the Secretary shall coordinate with the modified by section 814 of the Water Re- section shall be construed to limit the appli- Port of Seattle regarding use of Slip 27 as a sources Development Act of 1986 (100 Stat. cability of the requirement contained in sec- dredged material disposal area. 4169), is further modified as provided by this section. tion 103(a)(1)(A) of the Water Resources De- SEC. 375. BLUESTONE LAKE, WEST VIRGINIA. (b) TRANSFER OF PROPERTY.— velopment Act of 1986 to the project referred Section 102(ff) of the Water Resources De- (1) IN GENERAL.—Subject to the require- to in subsection (a). velopment Act of 1992 (106 Stat. 4810) is ments of this subsection, the Secretary shall SEC. 370. UPPER JORDAN RIVER, UTAH. amended by inserting ‘‘except for that or- transfer to the State of Wisconsin, without The project for flood control, Upper Jordan ganic matter necessary to maintain and en- consideration, all right, title, and interest of River, Utah, authorized by section 101(a)(23) hance the biological resources of such waters the United States to the lands described in of the Water Resources Development Act of and such nonobtrusive items of debris as paragraph (3), including all works, struc- 1990 (104 Stat. 4610), is modified to authorize may not be economically feasible to prevent tures, and other improvements to such lands. the Secretary to construct the project at a being released through such project,’’ after (2) TRANSFER TO SECRETARY OF THE INTE- total cost of $12,870,000, with an estimated ‘‘project,’’ the first place it appears. RIOR.—Subject to the requirements of this Federal cost of $8,580,000 and an estimated SEC. 376. MOOREFIELD, WEST VIRGINIA. subsection, on the date of the transfer under non-Federal cost of $4,290,000. The project for flood control, Moorefield, paragraph (1), the Secretary shall transfer to SEC. 371. HAYSI LAKE, VIRGINIA. the Secretary of the Interior, without con- The Haysi Lake, Virginia, feature of the West Virginia, authorized by section 101(a)(25) of the Water Resources Develop- sideration, all right, title, and interest of the project for flood control, Tug Fork of the Big United States in and to lands that are cul- ment Act of 1990 (104 Stat. 4610–4611), is modi- Sandy River, Kentucky, West Virginia, and turally and religiously significant sites of fied to authorize the Secretary to construct Virginia, authorized by section 202(a) of the the Ho-Chunk Nation (a federally recognized the project at a total cost of $22,000,000, with Energy and Water Development Appropria- Indian tribe) and are located within the an estimated Federal cost of $17,100,000 and tion Act, 1981 (94 Stat. 1339), is modified— lands described in paragraph (3). Such lands an estimated non-Federal cost of $4,900,000. (1) to add recreation and fish and wildlife shall be specified in accordance with para- enhancement as project purposes; SEC. 377. SOUTHERN WEST VIRGINIA. graph (4)(C) and may not exceed a total of (2) to direct the Secretary to construct the (a) COST SHARING.—Section 340(c)(3) of the 1,200 acres. Haysi Dam feature of the project substan- Water Resources Development Act of 1992 (3) LAND DESCRIPTION.—The lands to be tially in accordance with Plan A as set forth (106 Stat. 4856) is amended to read as follows: transferred pursuant to paragraphs (1) and in the Draft General Plan Supplement Re- ‘‘(3) COST SHARING.— (2) are the approximately 8,569 acres of land port for the Levisa Fork Basin, Virginia and ‘‘(A) IN GENERAL.—Total project costs associated with the LaFarge Dam and Lake Kentucky, dated May 1995; under each local cooperation agreement en- portion of the project referred to in sub- (3) to direct the Secretary to apply section tered into under this subsection shall be section (a) in Vernon County, Wisconsin, in 103(m) of the Water Resources Development shared at 75 percent Federal and 25 percent the following sections: Act of 1986 (100 Stat. 4087) to the construc- non-Federal. The non-Federal interest shall (A) Section 31, Township 14 North, Range 1 tion of such feature in the same manner as receive credit for the reasonable costs of de- West of the 4th Principal Meridian. that section is applied to other projects or sign work completed by such interest prior (B) Sections 2 through 11, and 16, 17, 20, and project features construed pursuant to such to entering into a local cooperation agree- 21, Township 13 North, Range 2 West of the section 202(a); and ment with the Secretary for a project. The 4th Principal Meridian. (4) to provide for operation and mainte- credit for such design work shall not exceed (C) Sections 15, 16, 21 through 24, 26, 27, 31, nance of recreational facilities on a reim- 6 percent of the total construction costs of and 33 through 36, Township 14 North, Range bursable basis. the project. The Federal share may be in the 2 West of the 4th Principal Meridian. SEC. 372. RUDEE INLET, VIRGINIA BEACH, VIR- form of grants or reimbursements of project (4) TERMS AND CONDITIONS.— GINIA. costs. (A) HOLD HARMLESS; REIMBURSEMENT OF The project for navigation and shoreline ‘‘(B) INTEREST.—In the event of delays in UNITED STATES.—The transfer under para- protection, Rudee Inlet, Virginia Beach, Vir- the funding of the non-Federal share of a graph (1) shall be made on the condition that ginia, authorized by section 601(a) of the project that is the subject of an agreement the State of Wisconsin enters into a written Water Resources Development Act of 1986 under this section, the non-Federal interest agreement with the Secretary to hold the (100 Stat. 4148), is modified to authorize the shall receive credit for reasonable interest United States harmless from all claims aris- Secretary to continue maintenance of the incurred in providing the non-Federal share ing from or through the operation of the project for 50 years beginning on the date of of a project’s cost. lands and improvements subject to the initial construction of the project. The Fed- ‘‘(C) LANDS, EASEMENTS, AND RIGHTS-OF- transfer. If title to the lands described in eral share of the cost of such maintenance WAY CREDIT.—The non-Federal interest shall paragraph (3) is sold or transferred by the shall be determined in accordance with title receive credit for lands, easements, rights-of- State, then the State shall reimburse the I of the Water Resources Development Act of way, and relocations toward its share of United States for the price originally paid by 1986. project costs, including all reasonable costs the United States for purchasing such lands. SEC. 373. VIRGINIA BEACH, VIRGINIA. associated with obtaining permits necessary (B) IN GENERAL.—The Secretary shall make The non-Federal share of the costs of the for the construction, operation, and mainte- the transfers under paragraphs (1) and (2) project for beach erosion control and hurri- nance of such project on publicly owned or only if on or before October 31, 1997, the cane protection, Virginia Beach, Virginia, controlled lands, but not to exceed 25 percent State of Wisconsin enters into and submits authorized by section 501(a) of the Water Re- of total project costs. to the Secretary a memorandum of under- sources Development Act of 1986 (100 Stat. ‘‘(D) OPERATION AND MAINTENANCE.—Oper- standing, as specified in subparagraph (C), 4136), shall be reduced by $3,120,803, or by ation and maintenance costs for projects with the tribal organization (as defined by such amount as is determined by an audit constructed with assistance provided under section 4(l) of the Indian Self-Determination carried out by the Secretary to be due to the this section shall be 100 percent non-Fed- and Education Assistance Act (25 U.S.C. city of Virginia Beach as reimbursement for eral.’’. 450b(l))) of the Ho-Chunk Nation. the Federal share of beach nourishment ac- (b) FUNDING.—Section 340(g) of the Water (C) MEMORANDUM OF UNDERSTANDING.—The tivities carried out by the city between Octo- Resources Development Act of 1992 (106 Stat. memorandum of understanding referred to in ber 1, 1986, and September 30, 1993, if the Fed- 4856) is amended by striking ‘‘$5,000,000’’ and subparagraph (B) shall contain, at a mini- eral Government has not reimbursed the city inserting ‘‘$25,000,000’’. mum, the following: July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8711

(i) A description of sites and associated (1) by striking ‘‘: Provided, That’’ and in- (b) TECHNICAL ASSISTANCE.—The Secretary lands to be transferred to the Secretary of serting ‘‘; except that’’; shall provide technical assistance to the the Interior under paragraph (2). (2) by striking ‘‘in cash or materials’’ and Santa Barbara Flood Control District with (ii) An agreement specifying that the lands inserting ‘‘, through providing in-kind serv- respect to implementation of the plan to be transferred under paragraphs (1) and (2) shall ices or cash or materials,’’; and prepared under subsection (a). be preserved in a natural state and developed (3) by adding at the end the following: ‘‘In SEC. 407. SOUTHERN CALIFORNIA INFRASTRUC- only to the extent necessary to enhance out- carrying out this section, the Secretary may TURE. door recreational and educational opportuni- enter into agreements with the non-Federal (a) ASSISTANCE.—Section 116(d)(1) of the ties. sponsor permitting the non-Federal sponsor Water Resources Development Act of 1990 (iii) An agreement specifying the terms to perform operation and maintenance for (104 Stat. 4624) is amended— and conditions of a plan for the management the project on a cost-reimbursable basis.’’. (1) in the heading of paragraph (1) by in- serting ‘‘AND ASSISTANCE’’ after ‘‘STUDY’’; of the lands to be transferred under para- TITLE IV—STUDIES graphs (1) and (2). and SEC. 401. CORPS CAPABILITY STUDY, ALASKA. (iv) A provision requiring a review of the (2) by adding at the end the following: ‘‘In The Secretary shall review the capability plan referred to in clause (iii) to be con- addition, the Secretary shall provide tech- of the Corps of Engineers to plan, design, ducted every 10 years under which the State nical, design, and planning assistance to construct, operate, and maintain rural sani- of Wisconsin, acting through the Kickapoo non-Federal interests in developing potential tation projects for rural and Native villages Valley Governing Board, and the Ho-Chunk infrastructure projects.’’. in Alaska. Not later than 18 months after the Nation may agree to revisions of the plan in (b) FUNDING.—Section 116(d)(3) of such Act date of the enactment of this Act, the Sec- order to address changed circumstances on is amended by striking ‘‘$1,500,000’’ and in- the lands transferred under paragraph (2). retary shall transmit findings and rec- serting ‘‘$7,500,000’’. Such provision may include a plan for the ommendations on the agency’s capability, SEC. 408. YOLO BYPASS, SACRAMENTO-SAN JOA- transfer by the State to the Secretary of the together with recommendations on the ad- QUIN DELTA, CALIFORNIA. Interior of any additional site discovered to visability of assuming such a mission. The Secretary shall study the advisability be culturally and religiously significant to SEC. 402. MCDOWELL MOUNTAIN, ARIZONA. of acquiring land in the vicinity of the Yolo the Ho-Chunk Nation. The Secretary shall credit the non-Federal Bypass in the Sacramento-San Joaquin (5) ADMINISTRATION OF LANDS.—The lands share of the cost of the feasibility study on Delta, California, for the purpose of environ- transferred to the Secretary of the Interior the McDowell Mountain project an amount mental mitigation for the flood control under paragraph (2), and any lands trans- equivalent to the cost of work performed by project for Sacramento, California, and ferred to the Secretary of the Interior pursu- the city of Scottsdale, Arizona, and accom- other water resources projects in the area. ant to the memorandum of understanding plished prior to the city’s entering into an SEC. 409. CHAIN OF ROCKS CANAL, ILLINOIS. entered into under paragraph (3), shall be agreement with the Secretary if the Sec- The Secretary shall complete a limited re- held in trust for, and added to and adminis- retary determines that the work is necessary evaluation of the authorized St. Louis Har- tered as part of the reservation of, the Ho- for the study. bor Project in the vicinity of the Chain of Chunk Nation. SEC. 403. NOGALES WASH AND TRIBUTARIES, ARI- Rocks Canal, Illinois, and consistent with (6) TRANSFER OF FLOWAGE EASEMENTS.—The ZONA. the authorized purposes of that project, to Secretary shall transfer to the owner of the (a) STUDY.—The Secretary shall conduct a include evacuation of waters interior to the servient estate, without consideration, all study of the relationship of flooding in Chain of Rocks Canal East Levee. right, title, and interest of the United States Nogales, Arizona, and floodflows emanating SEC. 410. QUINCY, ILLINOIS. in and to each flowage easement acquired as from Mexico. (a) STUDY.—The Secretary shall study and part of the project referred to in subsection (b) REPORT.—The Secretary shall transmit evaluate the critical infrastructure of the (a) within Township 14 North, Range 2 West to Congress a report on the results of the Fabius River Drainage District, the South of the 4th Principal Meridian, Vernon Coun- study conducted under subsection (a), to- Quincy Drainage and Levee District, the Sny ty, Wisconsin. gether with recommendations concerning Island Levee Drainage District, and the city of Quincy, Illinois— (7) DEAUTHORIZATION.—Except as provided the appropriate level of non-Federal partici- in subsection (c), the LaFarge Dam and Lake pation in the project for flood control, (1) to determine if additional flood protec- tion needs of such infrastructure should be portion of the project referred to in sub- Nogales Wash and tributaries, Arizona, au- identified or implemented; section (a) is not authorized after the date of thorized by section 101(a)(4) of the Water Re- (2) to produce a definition of critical infra- the transfer under this subsection. sources Development Act of 1990 (104 Stat. structure; (8) INTERIM MANAGEMENT AND MAINTE- 4606). (3) to develop evaluation criteria; and NANCE.—The Secretary shall continue to SEC. 404. GARDEN GROVE, CALIFORNIA. (4) to enhance existing geographic informa- manage and maintain the LaFarge Dam and The Secretary shall conduct a study to as- tion system databases to encompass relevant Lake portion of the project referred to in sess the feasibility of implementing improve- data that identify critical infrastructure for subsection (a) until the date of the transfer ments in the regional flood control system use in emergencies and in routine operation under this section. within Garden Grove, California. and maintenance activities. (c) COMPLETION OF PROJECT FEATURES.— SEC. 405. MUGU LAGOON, CALIFORNIA. (b) CONSIDERATION OF OTHER STUDIES.—In (1) REQUIREMENT.—The Secretary shall un- (a) STUDY.—The Secretary shall conduct a conducting the study under this section, the dertake the completion of the following fea- study of the environmental impacts associ- Secretary shall consider the recommenda- ated with sediment transport, flood flows, tures of the project referred to in subsection tions of the Interagency Floodplain Manage- and upstream watershed land use practices (a): ment Committee Report, the findings of the on Mugu Lagoon, California. The study shall (A) The continued relocation of State high- Floodplain Management Assessment of the way route 131 and county highway routes P include an evaluation of alternatives for the Upper Mississippi River and Lower Missouri and F substantially in accordance with plans restoration of the estuarine ecosystem func- Rivers and Tributaries, and other relevant contained in Design Memorandum No. 6, Re- tions and values associated with Mugu La- studies and findings. location-LaFarge Reservoir, dated June 1970; goon and the endangered and threatened spe- (c) REPORT.—Not later than 1 year after except that the relocation shall generally cies inhabiting the area. the date of the enactment of this Act, the follow the existing road rights-of-way (b) CONSULTATION AND COORDINATION.—In Secretary shall transmit to Congress a re- through the Kickapoo Valley. conducting the study, the Secretary shall port on the results of the study, together (B) Environmental cleanup and site res- consult with the Secretary of the Navy and with recommendations regarding each of the toration of abandoned wells, farm sites, and shall coordinate with State and local re- purposes of the study described in para- safety modifications to the water control source agencies to assure that the study is graphs (1) through (4) of subsection (a). structures. compatible with restoration efforts for the SEC. 411. SPRINGFIELD, ILLINOIS. (C) Cultural resource activities to meet the Calleguas Creek watershed. The Secretary shall provide technical, requirements of Federal law. (c) REPORT.—Not later than 24 months planning, and design assistance to the city of (2) PARTICIPATION BY STATE OF WISCONSIN.— after the date of the enactment of this Act, Springfield, Illinois, in developing— In undertaking the completion of the fea- the Secretary shall transmit to Congress a (1) an environmental impact statement for tures described in paragraph (1), the Sec- report on the results of the study. the proposed development of a water supply retary shall determine the requirements of SEC. 406. SANTA YNEZ, CALIFORNIA. reservoir, including the preparation of nec- the State of Wisconsin on the location and (a) PLANNING.—Not later than 1 year after essary documentation in support of the envi- design of each such feature. the date of the enactment of this Act, the ronmental impact statement; and (d) FUNDING.—There is authorized to be ap- Secretary shall prepare a comprehensive (2) an evaluation of technical, economic, propriated to carry out this section for fiscal river basin management plan addressing the and environmental impacts of such develop- years beginning after September 30, 1996, long term ecological, economic, and flood ment. $17,000,000. control needs of the Santa Ynez River basin, SEC. 412. BEAUTY CREEK WATERSHED, SEC. 380. TETON COUNTY, WYOMING. California. In preparing such plan, the Sec- VALPARAISO CITY, PORTER COUNTY, Section 840 of the Water Resources Devel- retary shall consult the Santa Barbara Flood INDIANA. opment Act of 1986 (100 Stat. 4176) is amend- Control District and other affected local gov- The Secretary shall conduct a study to as- ed— ernmental entities. sess the feasibility of implementing H8712 CONGRESSIONAL RECORD — HOUSE July 30, 1996 streambank erosion control measures and purpose of evaluating retaining walls, berms, and Wando Rivers and the lower portions of flood control measures within the Beauty and other structures with a view to potential Charleston Harbor. Creek watershed, Valparaiso City, Porter solutions involving repair or replacement of SEC. 428. MUSTANG ISLAND, CORPUS CHRISTI, County, Indiana. existing structures and shall consider other TEXAS. SEC. 413. GRAND CALUMET RIVER, HAMMOND, IN- alternatives for flood damage reduction. The Secretary shall conduct a study of DIANA. SEC. 421. BUFFALO RIVER GREENWAY, NEW navigation along the south-central coast of (a) STUDY.—The Secretary shall conduct a YORK. Texas near Corpus Christi for the purpose of study to establish a methodology and sched- The Secretary shall conduct a study of a determining the feasibility of constructing ule to restore the wetlands at Wolf Lake and potential greenway trail project along the and maintaining the Packery Channel on the George Lake in Hammond, Indiana. Buffalo River between the park system of southern portion of Mustang Island. (b) REPORT.—Not later than 1 year after the city of Buffalo, New York, and Lake SEC. 429. PRINCE WILLIAM COUNTY, VIRGINIA. the date of the enactment of this Act, the Erie. Such study shall include preparation of The Secretary shall conduct a study of Secretary shall transmit to Congress a re- an integrated plan of development that takes flooding, erosion, and other water resources port on the results of the study conducted into consideration the adjacent parks, na- problems in Prince William County, Vir- under subsection (a). ture preserves, bikeways, and related rec- ginia, including an assessment of wetlands SEC. 414. INDIANA HARBOR CANAL, EAST CHI- reational facilities. protection, erosion control, and flood dam- CAGO, LAKE COUNTY, INDIANA. SEC. 422. PORT OF NEWBURGH, NEW YORK. age reduction needs of the County. The Secretary shall conduct a study of the The Secretary shall conduct a study of the SEC. 430. PACIFIC REGION. feasibility of including environmental and feasibility of carrying out improvements for (a) STUDY.—The Secretary is authorized to recreational features, including a vegetation navigation at the port of Newburgh, New conduct studies in the interest of navigation buffer, as part of the project for navigation, York. in that part of the Pacific region that in- Indiana Harbor Canal, East Chicago, Lake SEC. 423. PORT OF NEW YORK-NEW JERSEY SEDI- cludes American Samoa, Guam, and the County, Indiana, authorized by the first sec- MENT STUDY. Commonwealth of the Northern Mariana Is- tion of the Rivers and Harbors Appropria- (a) STUDY OF MEASURES TO REDUCE SEDI- lands. tions Act of June 25, 1910 (36 Stat. 657). MENT DEPOSITION.—The Secretary shall con- (b) COST SHARING.—The cost sharing provi- SEC. 415. KOONTZ LAKE, INDIANA. duct a study of measures that could reduce sions of section 105 of the Water Resources The Secretary shall conduct a study of the sediment deposition in the vicinity of the Development Act of 1986 (33 U.S.C. 2215; 100 feasibility of implementing measures to re- Port of New York-New Jersey for the pur- Stat. 4088–4089) shall apply to studies under store Koontz Lake, Indiana, including meas- pose of reducing the volumes to be dredged this section. ures to remove silt, sediment, nutrients, for navigation projects in the Port. SEC. 431. FINANCING OF INFRASTRUCTURE aquatic growth, and other noxious materials (b) DREDGED MATERIAL DISPOSAL STUDY.— NEEDS OF SMALL AND MEDIUM from Koontz Lake, measures to improve pub- The Secretary shall conduct a study to de- PORTS. lic access facilities to Koontz Lake, and termine the feasibility of constructing and (a) STUDY.—The Secretary shall conduct a measures to prevent or abate the deposit of operating an underwater confined dredged study of alternative financing mechanisms sediments and nutrients in Koontz Lake. material disposal site in the Port of New for ensuring adequate funding for the infra- SEC. 416. LITTLE CALUMET RIVER, INDIANA. York-New Jersey which could accommodate structure needs of small and medium ports. (a) STUDY.—The Secretary shall conduct a as much as 250,000 cubic yards of dredged ma- (b) MECHANISMS TO BE STUDIED.—Mecha- study of the impact of the project for flood terials for the purpose of demonstrating the nisms to be studied under subsection (a) control, Little Calumet River, Indiana, au- feasibility of an underwater confined dis- shall include the establishment of revolving thorized by section 401(a) of the Water Re- posal pit as an environmentally suitable loan funds. sources Development Act of 1986 (100 Stat. method of containing certain sediments. (c) REPORT.—Not later than 180 days after 4115), on flooding and water quality in the vi- (c) REPORT.—The Secretary shall transmit the date of the enactment of this Act, the cinity of the Black Oak area of Gary, Indi- to Congress a report on the results of the Secretary shall transmit to Congress a re- ana. studies conducted under this section, to- port containing the results of the study con- (b) REPORT.—Not later than 1 year after gether with any recommendations of the ducted under subsection (a). the date of the enactment of this Act, the Secretary concerning reduction of sediment TITLE V—MISCELLANEOUS PROVISIONS Secretary shall transmit to Congress a re- deposition referred to in subsection (a). SEC. 501. PROJECT DEAUTHORIZATIONS. port on the results of the study conducted SEC. 424. PORT OF NEW YORK-NEW JERSEY NAVI- under subsection (a), together with rec- GATION STUDY. The following projects are not authorized ommendations for cost-effective remediation The Secretary shall conduct a comprehen- after the date of the enactment of this Act: of impacts described in subsection (a). sive study of navigation needs at the Port of (1) BRANFORD HARBOR, CONNECTICUT.—The following portion of the project for naviga- (c) FEDERAL SHARE.—The Federal share of New York-New Jersey (including the South the cost of the study to be conducted under Brooklyn Marine and Red Hook Container tion, Branford River, Connecticut, author- subsection (a) shall be 100 percent. Terminals, Staten Island, and adjacent ized by the first section of the Rivers and Harbors Appropriations Act of June 13, 1902 SEC. 417. TIPPECANOE RIVER WATERSHED, INDI- areas) to address improvements, including ANA. deepening of existing channels to depths of (32 Stat. 333): Starting at a point on the Fed- eral channel line whose coordinates are (a) STUDY.—The Secretary shall conduct a 50 feet or greater, that are required to pro- N156181.32, E581572.38, running south 70 de- study of water quality and environmental vide economically efficient and environ- grees 11 minutes 8 seconds west a distance of restoration needs in the Tippecanoe River mentally sound navigation to meet current 171.58 feet to another point on the Federal watershed, Indiana, including measures nec- and future requirements. channel line whose coordinates are essary to reduce siltation in Lake Shafer and SEC. 425. CHAGRIN RIVER, OHIO. N156123.18, E581410.96. Lake Freeman. The Secretary shall conduct a study of (2) BRIDGEPORT HARBOR, CONNECTICUT.—The (b) ASSISTANCE.—The Secretary shall pro- flooding problems along the Chagrin River in following portion of the project for naviga- vide technical, planning, and design assist- Eastlake, Ohio. In conducting such study, tion, Bridgeport Harbor, Connecticut, au- ance to the Shafer Freeman Lakes Environ- the Secretary shall evaluate potential solu- thorized by section 101 of the River and Har- mental Conservation Corporation in address- tions to flooding from all sources, including bor Act of 1958 (72 Stat. 297): A 2.4-acre an- ing potential environmental restoration ac- that resulting from ice jams, and shall evalu- chorage area, 9 feet deep, and an adjacent tivities determined as a result of the study ate the feasibility of a sedimentation collec- 0.6-acre anchorage, 6 feet deep, located on conducted under subsection (a). tion pit and other potential measures to re- the west side of Johnsons River. SEC. 418. CALCASIEU SHIP CHANNEL, duce flooding. (3) GUILFORD HARBOR, CONNECTICUT.—The HACKBERRY, LOUISIANA. SEC. 426. CUYAHOGA RIVER, OHIO. following portion of the project for naviga- The Secretary shall conduct a study to de- The Secretary shall conduct a study to tion, Guilford Harbor, Connecticut, author- termine the need for improved navigation evaluate the integrity of the bulkhead sys- ized by section 2 of the Act entitled ‘‘An Act and related support service structures in the tem located on the Federal channel along authorizing construction, repair, and preser- vicinity of the Calcasieu Ship Channel, the Cuyahoga River in the vicinity of Cleve- vation of certain public works on rivers and Hackberry, Louisiana. land, Ohio, and shall provide to the non-Fed- harbors, and for other purposes’’, approved SEC. 419. HURON RIVER, MICHIGAN. eral interest an analysis of costs and repairs March 2, 1945 (50 Stat. 13): Starting at a point The Secretary shall conduct a study to de- of the bulkhead system. where the Sluice Creek Channel intersects termine the need for channel improvements SEC. 427. CHARLESTON, SOUTH CAROLINA, ESTU- with the main entrance channel, N159194.63, and associated modifications for the purpose ARY. E623201.07, thence running north 24 degrees 58 of providing a harbor of refuge at Huron The Secretary is authorized to conduct a minutes 15.2 seconds west 478.40 feet to a River, Michigan. study of the Charleston estuary area located point N159628.31, E622999.11, thence running SEC. 420. SACO RIVER, NEW HAMPSHIRE. in Charleston, Berkeley, and Dorchester north 20 degrees 18 minutes 31.7 seconds west The Secretary shall conduct a study of Counties, South Carolina, for the purpose of 351.53 feet to a point N159957.99, E622877.10, flood control problems along the Saco River evaluating environmental conditions in the thence running north 69 degrees 41 minutes in Hart’s Location, New Hampshire, for the tidal reaches of the Ashley, Cooper, Stono, 37.9 seconds east 55.000 feet to a point July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8713 N159977.08, E622928.69, thence turning and (i) The 6-foot deep anchorage located at the (A) The portion starting at a point running south 20 degrees 18 minutes 31.0 sec- head of the project. N453510.15, E792664.63, thence running south onds east 349.35 feet to a point N159649.45, (ii) The portion of the 9-foot deep channel 53 degrees 07 minutes 05.4 seconds west 307.00 E623049.94, thence turning and running south beginning at a bend in the channel whose co- feet to a point N453325.90, E792419.07, thence 24 degrees 58 minutes 11.1 seconds east 341.36 ordinates are north 109131.16, east 452653.32 running north 57 degrees 56 minutes 36.8 sec- feet to a point N159340.00, E623194.04, thence running thence in a northeasterly direction onds west 201.00 feet to a point N453432.58, turning and running south 90 degrees 0 min- about 943.01 feet to a point whose coordi- E792248.72, thence running south 88 degrees 57 utes 0 seconds east 78.86 feet to a point nates are north 109635.22, east 453450.31 run- minutes 25.6 seconds west 50.00 feet to a N159340.00, E623272.90. ning thence in a southeasterly direction point N453431.67, E792198.73, thence running (4) JOHNSONS RIVER CHANNEL, BRIDGEPORT about 22.66 feet to a point whose coordinates north 01 degree 02 minutes 52.3 seconds west HARBOR, CONNECTICUT.—The following por- are north 109617.15, east 453463.98 running 66.71 feet to a point N453498.37, E792197.51, tion of the project for navigation, Johnsons thence in a southwesterly direction about thence running north 69 degrees 12 minutes River Channel, Bridgeport Harbor, Connecti- 945.18 feet to the point of beginning. 52.3 seconds east 332.32 feet to a point cut, authorized by the first section of the (B) REMAINDER.—The remaining portion of N453616.30, E792508.20, thence running south Rivers and Harbors Act of July 24, 1946 (60 the project referred to in subparagraph (A) 55 degrees 50 minutes 24.1 seconds east 189.05 Stat. 634): Northerly of a line across the Fed- northerly of a line whose coordinates are feet to the point of origin. eral channel. The coordinates of such line north 108699.15, east 452768.36 and north (B) The portion starting at a point are N 123318.35, E 486301.68 and N 123257.15, E 108655.66, east 452858.73 shall be redesignated N452886.64, E791287.83, thence running south 486380.77. 00 degrees 00 minutes 00.0 seconds west 56.04 as an anchorage. (5) MYSTIC RIVER, CONNECTICUT.—The fol- feet to a point N452830.60, E791287.83, thence (8) STONY CREEK, BRANFORD, CONNECTICUT.— lowing portion of the project for improving running north 90 degrees 00 minutes 00.0 sec- The following portion of the project for navi- the Mystic River, Connecticut, authorized by onds west 101.92 feet to a point, N452830.60, gation, Stony Creek, Connecticut, author- the River and Harbor Act approved March 4, E791185.91, thence running north 52 degrees 12 ized under section 107 of the River and Har- 1913 (37 Stat. 802): minutes 49.7 seconds east 89.42 feet to a bor Act of 1960 (33 U.S.C. 577): The 6-foot ma- Beginning in the 15-foot deep channel at co- point, N452885.39, E791256.58, thence running neuvering basin starting at a point ordinates north 190860.82, east 814416.20, north 87 degrees 42 minutes 33.8 seconds east thence running southeast about 52.01 feet to N157031.91, E599030.79, thence running north- 31.28 feet to the point of origin. the coordinates north 190809.47, east 814424.49, easterly about 221.16 feet to a point (C) The portion starting at a point, thence running southwest about 34.02 feet to N157191.06, E599184.37, thence running north- N452261.08, E792040.24, thence running north coordinates north 190780.46, east 814406.70, erly about 162.60 feet to a point N157353.56, 89 degrees 07 minutes 19.5 seconds east 118.78 thence running north about 80.91 feet to the E599189.99, thence running southwesterly feet to a point, N452262.90, E792159.01, thence point of beginning. about 358.90 feet to the point of origin. running south 43 degrees 39 minutes 06.8 sec- (6) NORWALK HARBOR, CONNECTICUT.— (9) KENNEBUNK RIVER, MAINE.—That portion onds west 40.27 feet to a point, N452233.76, (A) DEAUTHORIZATION.—The portion of the of the project for navigation, Kennebunk E792131.21, thence running north 74 degrees 33 project for navigation, Norwalk Harbor, Con- River, Maine, authorized by section 101 of minutes 29.1 seconds west 94.42 feet to a necticut, authorized by the River and Harbor the River and Harbor Act of 1962 (76 Stat. point, N452258.90, E792040.20, thence running Act of March 2, 1919 (40 Stat. 1276), that lies 1173) and consisting of a 6-foot deep channel north 01 degree 03 minutes 04.3 seconds east northerly of a line across the Federal chan- that lies northerly of a line whose coordi- 2.18 feet to the point of origin. nel having coordinates N104199.72, E417774.12 nates are N191412.53, E417265.28 and (13) FALMOUTH, MASSACHUSETTS.— and N104155.59, E417628.96, and those portions N191445.83, E417332.48. (A) DEAUTHORIZATIONS.—The following por- of the 6-foot deep East Norwalk Channel and (10) YORK HARBOR, MAINE.—That portion of tions of the project for navigation, Falmouth Anchorage, authorized by section 2 of the the project for navigation, York Harbor, Harbor, Massachusetts, authorized by sec- Act entitled ‘‘An Act authorizing the con- Maine, authorized by section 101 of the River tion 101 of the River and Harbor Act of 1948 struction, repair, and preservation of certain and Harbor Act of 1960 (74 Stat. 480), located (62 Stat. 1172): public works on rivers and harbors, and for in the 8-foot deep anchorage area beginning (i) The portion commencing at a point other purposes’’, approved March 2, 1945 (59 at coordinates N 109340.19, E 372066.93, thence north 199286.37 east 844394.81 a line running Stat. 13), not included in the description of running north 65 degrees 12 minutes 10.5 sec- north 73 degrees 09 minutes 29 seconds east the realignment of the project contained in onds E 423.27 feet to a point N 109517.71, 440.34 feet to a point north 199413.99 east subparagraph (B). E372451.17, thence running north 28 degrees 42 844816.36, thence turning and running north (B) REALIGNMENT DESCRIPTION.—The re- minutes 58.3 seconds west 11.68 feet to a 43 degrees 09 minutes 34.5 seconds east 119.99 aligned 6-foot deep East Norwalk Channel point N 109527.95, E 372445.56, thence running feet to a point north 199501.52 east 844898.44, and Anchorage is described as follows: start- south 63 degrees 37 minutes 24.6 seconds west thence turning and running south 66 degrees ing at a point on the East Norwalk Channel, 422.63 feet returning to the point of begin- 52 minutes 03.5 seconds east 547.66 feet re- N95743.02, E419581.37, thence running north- ning and that portion in the 8-foot deep an- turning to a point north 199286.41 east westerly about 463.96 feet to a point chorage area beginning at coordinates N 844394.91. N96197.93, E419490.18, thence running north- 108557.24, E 371645.88, thence running south 60 (ii) The portion commencing at a point westerly about 549.32 feet to a point degrees 41 minutes 17.2 seconds east 484.51 north 199647.41 east 845035.25 a line running N96608.49, E419125.23, thence running north- feet to a point N 108320.04, E 372068.36, thence north 43 degrees 09 minutes 33.1 seconds east westerly about 384.06 feet to a point running north 29 degrees 12 minutes 53.3 sec- 767.15 feet to a point north 200207.01 east N96965.94, E418984.75, thence running north- onds east 15.28 feet to a point N 108333.38, E 845560.00, thence turning and running north westerly about 407.26 feet to a point 372075.82, thence running north 62 degrees 29 11 degrees 04 minutes 24.3 seconds west 380.08 N97353.87, E418860.78, thence running westerly minutes 42.1 seconds west 484.73 feet return- feet to a point north 200580.01 east 845487.00, about 58.26 feet to a point N97336.26, ing to the point of beginning. thence turning and running north 22 degrees E418805.24, thence running northwesterly (11) CHELSEA RIVER, BOSTON HARBOR, MASSA- 05 minutes 50.8 seconds east 1332.36 feet to a about 70.99 feet to a point N97390.30, CHUSETTS.—The following portion of the point north 201814.50 east 845988.21, thence E418759.21, thence running westerly about project for navigation, Boston Harbor, Mas- turning and running north 02 degrees 54 min- 71.78 feet to a point on the anchorage limit sachusetts, authorized by section 101 of the utes 15.7 seconds east 15.0 feet to a point N97405.26, E418689.01, thence running south- River and Harbor Act of 1962 (76 Stat. 1173), north 201829.48 east 845988.97, thence turning erly along the western limits of the existing consisting of a 35-foot deep channel in the and running south 24 degrees 56 minutes 42.3 Federal anchorage until reaching a point Chelsea River: Beginning at a point on the seconds west 1410.29 feet returning to the N95893.74, E419449.17, thence running in a northern limit of the existing project point north 200550.75 east 845394.18. southwesterly direction about 78.74 feet to a N505357.84, E724519.19, thence running north- (B) REDESIGNATION.—The portion of the point on the East Norwalk Channel N95815.62, easterly about 384.19 feet along the northern project for navigation Falmouth, Massachu- E419439.33. limit of the existing project to a bend on the setts, referred to in subparagraph (A) up- (C) REDESIGNATION.—All of the realigned northern limit of the existing project stream of a line designated by the 2 points channel shall be redesignated as anchorage, N505526.87, E724864.20, thence running south- north 199463.18 east 844496.40 and north with the exception of that portion of the easterly about 368.00 feet along the northern 199350.36 east 844544.60 is redesignated as an channel which narrows to a width of 100 feet limit of the existing project to another point anchorage area. and terminates at a line whose coordinates N505404.77, E725211.35, thence running west- (14) MYSTIC RIVER, MASSACHUSETTS.—The are N96456.81, E419260.06, and N96390.37, erly about 594.53 feet to a point N505376.12, following portion of the project for naviga- E419185.32, which shall remain as a channel. E724617.51, thence running southwesterly tion, Mystic River, Massachusetts, author- (7) SOUTHPORT HARBOR, CONNECTICUT.— about 100.00 feet to the point of origin. ized by section 101 of the River and Harbor (A) DEAUTHORIZATION PORTION OF (12) COHASSET HARBOR, COHASSET, MASSA- Act of 1950 (64 Stat. 164): The 35–foot deep PROJECT.—The following portions of the CHUSETTS.—The following portions of the channel beginning at a point on the northern project for navigation, Southport Harbor, project for navigation, Cohasset Harbor, limit of the existing project, N506243.78, Connecticut, authorized by the first section Massachusetts, authorized under section 107 E717600.27, thence running easterly about of the Rivers and Harbors Act of August 30, of the River and Harbor Act of 1960 (33 U.S.C. 1000.00 feet along the northern limit of the 1935 (49 Stat. 1029): 577): existing project to a point, N506083.42, H8714 CONGRESSIONAL RECORD — HOUSE July 30, 1996 E718587.33, thence running southerly about of the Rivers and Harbors Appropriation Act 190.78 feet to Channel Pt. No. 36, point of be- 40.00 feet to a point, N506043.94, E718580.91, of June 25, 1910 (36 Stat. 653). ginning. thence running westerly about 1000.00 feet to (21) LORAIN SMALL BOAT BASIN, LAKE ERIE, SEC. 502. PROJECT REAUTHORIZATIONS. a point, N506204.29, E717593.85, thence run- OHIO.—The portion of the Federal navigation (a) GRAND PRAIRIE REGION AND BAYOU ning northerly about 40.00 feet to the point channel, Lorain Small Boat Basin, Lake METO BASIN, ARKANSAS.—The project for of origin. Erie, Ohio, authorized pursuant to section flood control, Grand Prairie Region and (15) RESERVED CHANNEL, BOSTON, MASSA- 107 of the River and Harbor Act of 1960 (74 Bayou Meto Basin, Arkansas, authorized by CHUSETTS.—That portion of the project for Stat. 486) that is situated in the State of section 204 of the Flood Control Act of 1950 navigation, Reserved Channel, Boston, Mas- Ohio, County of Lorain, Township of Black (64 Stat. 174) and deauthorized pursuant to sachusetts, authorized by section 101(a)(12) of River and is a part of Original Black River section 1001(b)(1) of the Water Resources De- the Water Resources Development Act of Township Lot Number 1, Tract Number 1, velopment Act of 1986 (33 U.S.C. 579a(b)(1)), is 1990 (104 Stat. 4607), that consists of a 40-foot further known as being submerged lands of authorized to be carried out by the Sec- deep channel beginning at a point along the Lake Erie owned by the State of Ohio and retary; except that the scope of the project southern limit of the authorized project, that is more definitely described as follows: includes ground water protection and con- N489391.22, E728246.54, thence running north- Commencing at a drill hole found on the servation, agricultural water supply, and wa- erly about 54 feet to a point, N489445.53, centerline of Lakeside Avenue (60 feet in terfowl management. E728244.97, thence running easterly about width) at the intersection of the centerline (b) WHITE RIVER, ARKANSAS.—The project 2,926 feet to a point, N489527.38, E731170.41, of the East Shorearm of Lorain Harbor, said for navigation, White River Navigation to thence running southeasterly about 81 feet point is known as United States Army Corps Batesville, Arkansas, authorized by section to a point, N489474.87, E731232.55, thence run- of Engineers Monument No. 203 (N658012.20, 601(a) of the Water Resources Development ning westerly about 2,987 feet to the point of E208953.88). Act of 1986 (100 Stat. 4139) and deauthorized origin. Thence, in a line north 75 degrees 26 min- by section 52(b) of the Water Resources De- (16) WEYMOUTH-FORE AND TOWN RIVERS, utes 12 seconds west, a distance of 387.87 feet velopment Act of 1988 (102 Stat. 4045), is au- MASSACHUSETTS.—The following portions of to a point (N658109.73, E2089163.47). This point thorized to be carried out by the Secretary. the project for navigation, Weymouth-Fore is hereinafter in this paragraph referred to (c) DES PLAINES RIVER, ILLINOIS.—The and Town Rivers, Boston Harbor, Massachu- as the ‘‘principal point of beginning’’. project for wetlands research, Des Plaines setts, authorized by section 301 of the River Thence, north 58 degrees 14 minutes 11 sec- River, Illinois, authorized by section 45 of and Harbor Act of 1965 (79 Stat. 1089): onds west, a distance of 50.00 feet to a point the Water Resources Development Act of (A) The 35–foot deep channel beginning at (N658136.05, E2089120.96). 1988 (102 Stat. 4041) and deauthorized pursu- a bend on the southern limit of the existing Thence, south 67 degrees 49 minutes 32 sec- project, N457394.01, E741109.74, thence run- onds west, a distance of 665.16 feet to a point ant to section 1001 of the Water Resources ning westerly about 405.25 feet to a point, (N657885.00, E2088505.00). Development Act of 1986 (33 U.S.C. 579a(b)), is N457334.64, E740708.86, thence running south- Thence, north 88 degrees 13 minutes 52 sec- authorized to be carried out by the Sec- westerly about 462.60 feet to another bend in onds west, a distance of 551.38 feet to a point retary. the southern limit of the existing project, (N657902.02, E2087953.88). (d) ALPENA HARBOR, MICHIGAN.—The N457132.00, E740293.00, thence running north- Thence, north 29 degrees 17 minutes 42 sec- project for navigation, Alpena Harbor, easterly about 857.74 feet along the southern onds east, a distance of 114.18 feet to point Michigan, authorized by section 301 of the limit of the existing project to the point of (N658001.60, E2088009.75). River and Harbor Act of 1965 (79 Stat. 1090) origin. Thence, south 88 degrees 11 minutes 40 sec- and deauthorized pursuant to section 1001 of (B) The 15 and 35-foot deep channels begin- onds east, a distance of 477.00 feet to a point the Water Resources Development Act of ning at a point on the southern limit of the (N657986.57, E2088486.51). 1986 (33 U.S.C. 579a(b)), is authorized to be existing project, N457163.41, E739903.49, Thence, north 68 degrees 11 minutes 06 sec- carried out by the Secretary. thence running northerly about 111.99 feet to onds east, a distance of 601.95 feet to a point (e) ONTONAGON HARBOR, ONTONAGON COUNTY, a point, N457275.37, E739900.76, thence run- (N658210.26, E2089045.35). MICHIGAN.—The project for navigation, ning westerly about 692.37 feet to a point Thence, north 35 degrees 11 minutes 34 sec- Ontonagon Harbor, Ontonagon County, N457303.40, E739208.96, thence running south- onds east, a distance of 89.58 feet to a point Michigan, authorized by section 101 of the westerly about 190.01 feet to another point on (N658283.47, E2089096.98). River and Harbor Act of 1962 (76 Stat. 1176) the southern limit of the existing project, Thence, south 20 degrees 56 minutes 30 sec- and deauthorized pursuant to section 1001 of N457233.17, E739032.41, thence running eas- onds east, a distance of 186.03 feet to the the Water Resources Development Act of terly about 873.87 feet along the southern principal point of beginning (N658109.73, 1986 (33 U.S.C. 579a(b)), is authorized to be limit of the existing project to the point of E2089163.47) and containing within such carried out by the Secretary. origin. bounds 2.81 acres, more or less, of submerged (f) KNIFE RIVER HARBOR, MINNESOTA.—The (17) COCHECO RIVER, NEW HAMPSHIRE.—The land. project for navigation, Knife River Harbor, portion of the project for navigation, (22) APPONAUG COVE, WARWICK, RHODE IS- Minnesota, authorized by section 100 of the Cocheco River, New Hampshire, authorized LAND.—The following portion of the project Water Resources Development Act of 1974 (88 by the first section of the Act entitled ‘‘An for navigation, Apponaug Cove, Rhode Is- Stat. 41) and deauthorized pursuant to sec- Act making appropriations for the construc- land, authorized under section 101 of the tion 1001 of the Water Resources Develop- tion, repair, and preservation of certain pub- River and Harbor Act of 1960 (74 Stat. 480): ment Act of 1986 (33 U.S.C. 579a(b)), is au- lic works on rivers and harbors, and for other The 6-foot channel bounded by coordinates thorized to be carried out by the Secretary. purposes’’, approved September 19, 1890 (26 N223269.93, E513089.12; N223348.31, E512799.54; (g) CLIFFWOOD BEACH, NEW JERSEY.—The Stat. 436), that consists of a 7-foot deep chan- N223251.78, E512773.41; and N223178.0, project for hurricane-flood protection and nel that lies northerly of a line the coordi- E513046.0. beach erosion control on Raritan Bay and nates of which are N255292.31, E713095.36, and (23) PORT WASHINGTON HARBOR, WISCONSIN.— Sandy Hook Bay, New Jersey, authorized by N255334.51, E713138.01. The following portion of the navigation section 203 of the Flood Control Act of 1962 (18) MORRISTOWN HARBOR, NEW YORK.—The project for Port Washington Harbor, Wiscon- (76 Stat. 118) and deauthorized pursuant to following portion of the project for naviga- sin, authorized by the Rivers and Harbors section 1001 of the Water Resources Develop- tion, Morristown Harbor, New York, author- Appropriations Act of July 11, 1870 (16 Stat. ment Act of 1986 (33 U.S.C. 579a(b)), is au- ized by the first section of the Rivers and 223): Beginning at the northwest corner of thorized to be carried out by the Secretary. Harbors Act of January 21, 1927 (44 Stat. project at Channel Pt. No. 36, of the Federal SEC. 503. CONTINUATION OF AUTHORIZATION OF 1011): The portion that lies north of the Navigation Project, Port Washington Har- CERTAIN PROJECTS. north boundary of Morris Street extended. bor, Ozaukee County, Wisconsin, at coordi- (a) GENERAL RULE.—Notwithstanding sec- (19) OSWEGATCHIE RIVER, OGDENSBURG NEW nates N513529.68, E2535215.64, thence 188 de- tion 1001 of the Water Resources Develop- YORK.—The portion of the Federal channel of grees 31 minutes 59 seconds, a distance of ment Act of 1986 (33 U.S.C. 579a), the follow- the project for navigation, Ogdensburg Har- 178.32 feet, thence 196 degrees 47 minutes 17 ing projects shall remain authorized to be bor, New York, authorized by the first sec- seconds, a distance of 574.80 feet, thence 270 carried out by the Secretary: tion of the Rivers and Harbors Appropria- degrees 58 minutes 25 seconds, a distance of (1) CEDAR RIVER HARBOR, MICHIGAN.—The tions Act of June 25, 1910 (36 Stat. 635), as 465.50 feet, thence 178 degrees 56 minutes 17 project for navigation, Cedar River Harbor, modified by the first section of the Rivers seconds, a distance of 130.05 feet, thence 87 Michigan, authorized by section 301 of the and Harbors Act of August 30, 1935 (49 Stat. degrees 17 minutes 05 seconds, a distance of River and Harbor Act of 1965 (79 Stat. 1090). 1037), that is in the Oswegatchie River in 510.22 feet, thence 104 degrees 58 minutes 31 (2) CROSS VILLAGE HARBOR, MICHIGAN.—The Ogdensburg, New York, from the southern- seconds, a distance of 178.33 feet, thence 115 project for navigation, Cross Village Harbor, most alignment of the Route 68 bridge up- degrees 47 minutes 55 seconds, a distance of Michigan, authorized by section 101 of the stream to the northernmost alignment of the 244.15 feet, thence 25 degrees 12 minutes 08 River and Harbor Act of 1966 (80 Stat. 1405). Lake Street bridge. seconds, a distance of 310.00 feet, thence 294 (b) LIMITATION.—A project described in (20) CONNEAUT HARBOR, OHIO.—The most degrees 46 minutes 50 seconds, a distance of subsection (a) shall not be authorized for southerly 300 feet of the 1,670-foot long Shore 390.20 feet, thence 16 degrees 56 minutes 16 construction after the last day of the 5-year Arm of the project for navigation, Conneaut seconds, a distance of 570.90 feet, thence 266 period that begins on the date of the enact- Harbor, Ohio, authorized by the first section degrees 01 minutes 25 seconds, a distance of ment of this Act unless, during such period, July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8715

funds have been obligated for the construc- (c) EUFAULA LAKE, OKLAHOMA.— shall be subject to such other terms and con- tion (including planning and design) of the (1) IN GENERAL.—The Secretary shall con- ditions as the Secretary considers necessary project. vey to the city of Eufaula, Oklahoma, all and appropriate to protect the interests of SEC. 504. LAND CONVEYANCES. right, title, and interest of the United States the United States. (e) TRI-CITIES AREA, WASHINGTON.— (a) OAKLAND INNER HARBOR TIDAL CANAL in and to a parcel of land consisting of ap- (1) GENERAL AUTHORITY.—As soon as prac- PROPERTY, CALIFORNIA.—Section 205 of the proximately 12.5 acres located at the Eufaula Water Resources Development Act of 1990 Lake project. ticable after the date of the enactment of (104 Stat. 4633) is amended— (2) CONSIDERATION.—Consideration for the this Act, the Secretary shall make the con- veyances to the local governments referred (1) by inserting after paragraph (2) the fol- conveyance under paragraph (1) shall be the to in paragraph (2) of all right, title, and in- lowing new paragraph: fair market value of the parcel (as deter- terest of the United States in and to the ‘‘(3) To adjacent land owners, the United mined by the Secretary) and payment of all property described in paragraph (2). States title to all or portions of that part of costs of the United States in making the (2) PROPERTY DESCRIPTIONS.— the Oakland Inner Harbor Tidal Canal which conveyance, including the costs of— (A) BENTON COUNTY.—The property to be are located within the boundaries of the city (A) the survey required under paragraph conveyed pursuant to paragraph (1) to Ben- in which such land rests. Such conveyance (4); (B) any other necessary survey or survey ton County, Washington, is the property in shall be at fair market value.’’; monumentation; such county which is designated ‘‘Area D’’ on (2) by inserting after ‘‘right-of-way’’ the (C) compliance with the National Environ- Exhibit A to Army Lease No. DACW–68–1–81– following: ‘‘or other rights deemed necessary mental Policy Act of 1969 (42 U.S.C. 4321 et 43. by the Secretary’’; and seq.); and (B) FRANKLIN COUNTY, WASHINGTON.—The (3) by adding at the end the following: (D) any coordination necessary with re- property to be conveyed pursuant to para- ‘‘The conveyances and processes involved spect to requirements relating to endangered graph (1) to Franklin County, Washington, will be at no cost to the United States.’’. species, cultural resources, and clean air (in- is— (b) MARIEMONT, OHIO.— cluding the costs of agency consultation and (i) the 105.01 acres of property leased pursu- (1) IN GENERAL.—The Secretary shall con- public hearings). ant to Army Lease No. DACW–68–1–77–20 as vey to the village of Mariemont, Ohio, for a (3) LAND SURVEYS.—The exact acreage and executed by Franklin County, Washington, sum of $85,000 all right, title, and interest of description of the parcel to be conveyed on April 7, 1977; the United States in and to a parcel of land under paragraph (1) shall be determined by (ii) the 35 acres of property leased pursuant (including improvements thereto) under the such surveys as the Secretary considers nec- to Supplemental Agreement No. 1 to Army jurisdiction of the Corps of Engineers and essary, which shall be carried out to the sat- Lease No. DACW–68–1–77–20; known as the ‘‘Ohio River Division Labora- isfaction of the Secretary. (iii) the 20 acres of property commonly tory’’, as such parcel is described in para- (4) ENVIRONMENTAL BASELINE SURVEY.— known as ‘‘Richland Bend’’ which is des- graph (4). Prior to making the conveyance under para- ignated by the shaded portion of Lot 1, Sec- (2) TERMS AND CONDITIONS.—The convey- graph (1), the Secretary shall conduct an en- tion 11, and the shaded portion of Lot 1, Sec- ance under paragraph (1) shall be subject to vironmental baseline survey to determine tion 12, Township 9 North, Range 28 East, such terms and conditions as the Secretary the levels of any contamination (as of the W.M. on Exhibit D to Supplemental Agree- considers necessary and appropriate to pro- date of the survey) for which the United ment No. 2 to Army Lease No. DACW–68–1– tect the interests of the United States. States would be responsible under the Com- 77–20; (3) PROCEEDS.—All proceeds from the con- prehensive Environmental Response, Com- (iv) the 7.05 acres of property commonly veyance under paragraph (1) shall be depos- pensation, and Liability Act of 1980 (42 known as ‘‘Taylor Flat’’ which is designated ited in the general fund of the Treasury of U.S.C. 9601 et seq.) and any other applicable by the shaded portion of Lot 1, Section 13, the United States and credited as mis- law. Township 11 North, Range 28 East, W.M. on cellaneous receipts. (5) CONDITIONS CONCERNING RIGHTS AND Exhibit D to Supplemental Agreement No. 2 (4) PROPERTY DESCRIPTION.—The parcel of EASEMENT.—The conveyance under para- to Army Lease No. DACW–68–1–77–20; land referred to in paragraph (1) is the parcel graph (1) shall be subject to existing rights (v) the 14.69 acres of property commonly situated in the State of Ohio, County of and to retention by the United States of a known as ‘‘Byers Landing’’ which is des- Hamilton, Township 4, Fractional Range 2, flowage easement over all portions of the ignated by the shaded portion of Lots 2 and Miami Purchase, Columbia Township, Sec- parcel that lie at or below the flowage ease- 3, Section 2, Township 10 North, Range 28 tion 15, being parts of Lots 5 and 6 of the sub- ment contour for the Eufaula Lake project. East, W.M. on Exhibit D to Supplemental division of the dower tract of the estate of (6) OTHER TERMS AND CONDITIONS.—The con- Agreement No. 2 to Army Lease No. DACW– Joseph Ferris as recorded in Plat Book 4, veyance under paragraph (1) shall be subject 68–1–77–20; and Page 112, of the Plat Records of Hamilton to such other terms and conditions as the (vi) all levees within Franklin County, County, Ohio, Recorder’s Office, and more Secretary considers necessary and appro- Washington, as of the date of the enactment particularly described as follows: priate to protect the interests of the United of this Act, and the property upon which the Beginning at an iron pin set to mark the States. levees are situated. intersection of the easterly line of Lot 5 of (d) BOARDMAN, OREGON.— (C) CITY OF KENNEWICK, WASHINGTON.—The said subdivision of said dower tract with the (1) IN GENERAL.—The Secretary shall con- property to be conveyed pursuant to para- northerly line of the right-of-way of the Nor- vey to the city of Boardman, Oregon, all graph (1) to the city of Kennewick, Washing- folk and Western Railway Company as shown right, title, and interest of the United States ton, is the property within the city which is in Plat Book 27, Page 182, Hamilton County, in and to a parcel of land consisting of ap- subject to the Municipal Sublease Agree- Ohio, Surveyor’s Office, thence with said proximately 141 acres acquired as part of the ment entered into on April 6, 1989, between northerly right-of-way line; John Day Lock and Dam project in the vicin- Benton County, Washington, and the cities South 70 degrees 10 minutes 13 seconds ity of such city currently under lease to the of Kennewick and Richland, Washington. west 258.52 feet to a point; thence leaving the Boardman Park and Recreation District. (D) CITY OF RICHLAND, WASHINGTON.—The northerly right-of-way of the Norfolk and (2) CONSIDERATION.— property to be conveyed pursuant to para- Western Railway Company; (A) PARK AND RECREATION PROPERTIES.— graph (1), to the city of Richland, Washing- North 18 degrees 22 minutes 02 seconds Properties to be conveyed under this sub- ton, is the property within the city which is west 302.31 feet to a point in the south line of section that will be retained in public owner- subject to the Municipal Sublease Agree- Mariemont Avenue; thence along said south ship and used for public park and recreation ment entered into on April 6, 1989, between line; purposes shall be conveyed without consider- Benton County, Washington, and the Cities North 72 degrees 34 minutes 35 seconds east ation. If any such property is no longer used of Kennewick and Richland, Washington. 167.50 feet to a point; thence leaving the for public park and recreation purposes, then (E) CITY OF PASCO, WASHINGTON.—The prop- south line of Mariemont Avenue; title to such property shall revert to the Sec- erty to be conveyed pursuant to paragraph North 17 degrees 25 minutes 25 seconds retary. (1), to the city of Pasco, Washington, is— west 49.00 feet to a point; thence (B) OTHER PROPERTIES.—Properties to be (i) the property within the city of Pasco, North 72 degrees 34 minutes 35 seconds east conveyed under this subsection and not de- Washington, which is leased pursuant to 100.00 feet to a point; thence scribed in subparagraph (A) shall be con- Army Lease No. DACW–68–1–77–10; and South 17 degrees 25 minutes 25 seconds east veyed at fair market value. (ii) all levees within such city, as of the 49.00 feet to a point; thence (3) CONDITIONS CONCERNING RIGHTS AND date of the enactment of this Act, and the North 72 degrees 34 minutes 35 seconds east EASEMENT.—The conveyance of properties property upon which the levees are situated. 238.90 feet to a point; thence under this subsection shall be subject to ex- (F) PORT OF PASCO, WASHINGTON.—The prop- South 00 degrees 52 minutes 07 seconds east isting first rights of refusal regarding acqui- erty to be conveyed pursuant to paragraph 297.02 feet to a point in the northerly line of sition of such properties and to retention of (1) to the Port of Pasco, Washington, is— the Norfolk and Western Railway Company; a flowage easement over portions of the (i) the property owned by the United thence with said northerly right-of-way; properties that the Secretary determines to States which is south of the Burlington South 70 degrees 10 minutes 13 seconds be necessary for operation of the project. Northern Railroad tracks in Lots 1 and 2, west 159.63 feet to a point of beginning, con- (4) OTHER TERMS AND CONDITIONS.—The con- Section 20, Township 9 North, Range 31 East, taining 3.22 acres, more or less. veyance of properties under this subsection W.M.; and H8716 CONGRESSIONAL RECORD — HOUSE July 30, 1996 (ii) the property owned by the United ried out in compliance with all applicable Creek Dam Lake Project, shall be known and States which is south of the Burlington provisions of section 120(h) of the Com- designated as the ‘‘William L. Jess Dam and Northern Railroad tracks in Lots 1, 2, 3, and prehensive Environmental Response, Com- Intake Structure’’. 4, in each of Sections 21, 22, and 23, Township pensation, and Liability Act and other envi- (2) LEGAL REFERENCES.—Any reference in a 9 North, Range 31 East, W.M. ronmental laws. law, map, regulation, document, paper, or (G) ADDITIONAL PROPERTIES.—In addition SEC. 505. NAMINGS. other record of the United States to the dam to properties described in subparagraphs (A) (a) MILT BRANDT VISITORS CENTER, CALI- referred to in section 1 shall be deemed to be through (F), the Secretary may convey to a FORNIA.— a reference to the ‘‘William L. Jess Dam and local government referred to in subpara- (1) DESIGNATION.—The visitors center at Intake Structure’’. (h) ABERDEEN LOCK AND DAM, TENNESSEE- graphs (A) through (F) such properties under Warm Springs Dam, California, authorized TOMBIGBEE WATERWAY.— the jurisdiction of the Secretary in the Tri- by section 203 of the Flood Control Act of (1) DESIGNATION.—The lock and dam at Cities area as the Secretary and the local 1962 (76 Stat. 1192), shall be known and des- Mile 358 of the Tennessee-Tombigbee Water- government agree are appropriate for con- ignated as the ‘‘Milt Brandt Visitors Cen- way is designated as the ‘‘Aberdeen Lock and veyance. ter’’. (3) TERMS AND CONDITIONS.— Dam’’. (2) LEGAL REFERENCES.—Any reference in a (A) IN GENERAL.—The conveyances under (2) LEGAL REFERENCE.—Any reference in a law, map, regulation, document, paper, or paragraph (1) shall be subject to such terms law, map, regulation, document, paper, or other record of the United States to the visi- and conditions as the Secretary considers other record of the United States to the lock tors center referred to in paragraph (1) shall necessary and appropriate to protect the in- and dam referred to in paragraph (1) is be deemed to be a reference to the ‘‘Milt terests of the United States. deemed to be a reference to the ‘‘Aberdeen Brandt Visitors Center’’. (B) SPECIAL RULES FOR FRANKLIN COUNTY.— Lock and Dam’’. (b) CARR CREEK LAKE, KENTUCKY.— The property described in paragraph (i) AMORY LOCK, TENNESSEE-TOMBIGBEE (1) DESIGNATION.—Carr Fork Lake in Knott (2)(B)(vi) shall be conveyed only after Frank- WATERWAY.— County, Kentucky, authorized by section 203 lin County, Washington, has entered into a (1) DESIGNATION.—Lock A at Mile 371 of the of the Flood Control Act of 1962 (76 Stat. written agreement with the Secretary which Tennessee-Tombigbee Waterway is des- provides that the United States shall con- 1188), shall be known and designated as the ignated as the ‘‘Amory Lock’’. tinue to operate and maintain the flood con- ‘‘Carr Creek Lake’’. (2) LEGAL REFERENCE.—Any reference in a trol drainage areas and pump stations on the (2) LEGAL REFERENCES.—Any reference in a law, map, regulation, document, paper, or property conveyed and that the United law, map, regulation, document, paper, or other record of the United States to the lock States shall be provided all easements and other record of the United States to the lake referred to in paragraph (1) is deemed to be rights necessary to carry out that agree- referred to in paragraph (1) shall be deemed a reference to the ‘‘Amory Lock’’. ment. to be a reference to the ‘‘Carr Creek Lake’’. (j) FULTON LOCK, TENNESSEE-TOMBIGBEE (C) SPECIAL RULE FOR CITY OF PASCO.—The (c) WILLIAM H. NATCHER BRIDGE, MACEO, WATERWAY.— property described in paragraph (2)(E)(ii) KENTUCKY, AND ROCKPORT, INDIANA.— (1) DESIGNATION.—Lock C at Mile 391 of the shall be conveyed only after the city of (1) DESIGNATION.—The bridge on United Tennessee-Tombigbee Waterway is des- Pasco, Washington, has entered into a writ- States Route 231 which crosses the Ohio ignated as the ‘‘Fulton Lock’’. ten agreement with the Secretary which pro- River between Maceo, Kentucky, and Rock- (2) LEGAL REFERENCE.—Any reference in a vides that the United States shall continue port, Indiana, shall be known and designated law, map, regulation, document, paper, or to operate and maintain the flood control as the ‘‘William H. Natcher Bridge’’. other record of the United States to the lock drainage areas and pump stations on the (2) LEGAL REFERENCES.—Any reference in a referred to in paragraph (1) is deemed to be property conveyed and that the United law, map, regulation, document, paper, or a reference to the ‘‘Fulton Lock’’. States shall be provided all easements and other record of the United States to the (k) HOWELL HEFLIN LOCK AND DAM, TEN- rights necessary to carry out that agree- bridge referred to in paragraph (1) shall be NESSEE-TOMBIGBEE WATERWAY.— ment. deemed to be a reference to the ‘‘William H. (1) REDESIGNATION.—The lock and dam at Mile 266 of the Tennessee-Tombigbee Water- (D) CONSIDERATION.— Natcher Bridge’’. way, known as the Gainesville Lock and (i) PARK AND RECREATION PROPERTIES.— (d) JOHN T. MYERS LOCK AND DAM, INDIANA Properties to be conveyed under this sub- AND KENTUCKY.— Dam, is redesignated as the ‘‘Howell Heflin section that will be retained in public owner- (1) DESIGNATION.—Uniontown Lock and Lock and Dam’’. ship and used for public park and recreation Dam, on the Ohio River, Indiana and Ken- (2) LEGAL REFERENCE.—Any reference in a purposes shall be conveyed without consider- tucky, shall be known and designated as the law, map, regulation, document, paper, or ation. If any such property is no longer used ‘‘John T. Myers Lock and Dam’’. other record of the United States to the lock and dam referred to in paragraph (1) is for public park and recreation purposes, then (2) LEGAL REFERENCES.—Any reference in a deemed to be a reference to the ‘‘Howell Hef- title to such property shall revert to the Sec- law, map, regulation, document, paper, or lin Lock and Dam’’. retary. other record of the United States to the lock (l) G.V. ‘‘SONNY’’ MONTGOMERY LOCK, TEN- (ii) OTHER PROPERTIES.—Properties to be and dam referred to in paragraph (1) shall be NESSEE-TOMBIGBEE WATERWAY.— conveyed under this subsection and not de- deemed to be a reference to the ‘‘John T. (1) DESIGNATION.—Lock E at Mile 407 of the Myers Lock and Dam’’. scribed in clause (i) shall be conveyed at fair Tennessee-Tombigbee Waterway is des- (e) J. EDWARD ROUSH LAKE, INDIANA.— market value. ignated as the ‘‘G.V. ‘Sonny’ Montgomery (1) REDESIGNATION.—The lake on the Wa- (4) LAKE WALLULA LEVEES.— Lock’’. bash River in Huntington and Wells Coun- (A) DETERMINATION OF MINIMUM SAFE (2) LEGAL REFERENCE.—Any reference in a ties, Indiana, authorized by section 203 of the HEIGHT.— law, map, regulation, document, paper, or Flood Control Act of 1958 (72 Stat. 312), and (i) CONTRACT.—Within 30 days after the other record of the United States to the lock known as Huntington Lake, shall be known date of the enactment of this Act, the Sec- referred to in paragraph (1) is deemed to be and designated as the ‘‘J. Edward Roush retary shall contract with a private entity a reference to the ‘‘G.V. ‘Sonny’ Montgom- agreed to under clause (ii) to determine, Lake’’. ery Lock’’. within 6 months after such date of enact- (2) LEGAL REFERENCES.—Any reference in a (m) JOHN RANKIN LOCK, TENNESSEE- ment, the minimum safe height for the lev- law, map, regulation, document, paper, or TOMBIGBEE WATERWAY.— ees of the project for flood control, Lake other record of the United States to the lake (1) DESIGNATION.—Lock D at Mile 398 of the Wallula, Washington. The Secretary shall referred to in paragraph (1) shall be deemed Tennessee-Tombigbee Waterway is des- have final approval of the minimum safe to be a reference to the ‘‘J. Edward Roush ignated as the ‘‘John Rankin Lock’’. height. Lake’’. (2) LEGAL REFERENCE.—Any reference in a (ii) AGREEMENT OF LOCAL OFFICIALS.—A (f) RUSSELL B. LONG LOCK AND DAM, RED law, map, regulation, document, paper, or contract shall be entered into under clause RIVER WATERWAY, LOUISIANA.— other record of the United States to the lock (i) only with a private entity agreed to by (1) DESIGNATION.—Lock and Dam 4 of the referred to in paragraph (1) is deemed to be the Secretary, appropriate representatives of Red River Waterway, Louisiana, shall be a reference to the ‘‘John Rankin Lock’’. Franklin County, Washington, and appro- known and designated as the ‘‘Russell B. (n) JOHN C. STENNIS LOCK AND DAM, TEN- priate representatives of the city of Pasco, Long Lock and Dam’’. NESSEE-TOMBIGBEE WATERWAY.— Washington. (2) LEGAL REFERENCES.—A reference in any (1) REDESIGNATION.—The lock and dam at (B) AUTHORITY.—A local government may law, map, regulation, document, paper, or Mile 335 of the Tennessee-Tombigbee Water- reduce, at its cost, the height of any levee of other record of the United States to the lock way, known as the Columbus Lock and Dam, the project for flood control, Lake Wallula, and dam referred to in paragraph (1) shall be is redesignated as the ‘‘John C. Stennis Lock Washington, within the boundaries of such deemed to be a reference to the ‘‘Russell B. and Dam’’. local government to a height not lower than Long Lock and Dam’’. (2) LEGAL REFERENCE.—Any reference in a the minimum safe height determined pursu- (g) WILLIAM L. JESS DAM AND INTAKE law, map, regulation, document, paper, or ant to subparagraph (A). STRUCTURE, OREGON.— other record of the United States to the lock (f) APPLICABILITY OF OTHER LAWS.—Any (1) DESIGNATION.—The dam located at mile and dam referred to in paragraph (1) is contract for sale, deed, or other transfer of 153.6 on the Rogue River in Jackson County, deemed to be a reference to the ‘‘John C. real property under this section shall be car- Oregon, and commonly known as the Lost Stennis Lock and Dam’’. July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8717

(o) JAMIE WHITTEN LOCK AND DAM, TEN- ‘‘(12) Goodyear Lake, Otsego County, New Office), may conduct pilot- and full-scale NESSEE-TOMBIGBEE WATERWAY.— York, removal of silt and aquatic growth; demonstration projects of promising tech- (1) REDESIGNATION.—The lock and dam at ‘‘(13) Otsego Lake, Otsego County, New niques to remediate contaminated sediments Mile 412 of the Tennessee-Tombigbee Water- York, removal of silt and aquatic growth and in freshwater coastal regions in the Great way, known as the Bay Springs Lock and measures to address high nutrient con- Lakes basin. The Secretary must conduct no Dam, is redesignated as the ‘‘Jamie Whitten centration; fewer than 3 full-scale demonstration Lock and Dam’’. ‘‘(14) Oneida Lake, Oneida County, New projects under this subsection. (2) LEGAL REFERENCE.—Any reference in a York, removal of silt and aquatic growth; ‘‘(2) SITE SELECTION FOR DEMONSTRATION law, map, regulation, document, paper, or ‘‘(15) Skaneateles and Owasco Lakes, New PROJECTS.—In selecting the sites for the other record of the United States to the lock York, removal of silt and aquatic growth and technology demonstration projects, the Sec- and dam referred to in paragraph (1) is prevention of sediment deposit; and retary shall give priority consideration to deemed to be a reference to the ‘‘Jamie ‘‘(16) Twin Lakes, Paris, Illinois, removal Saginaw Bay, Michigan, Sheboygan Harbor, Whitten Lock and Dam’’. of silt and excess aquatic vegetation, includ- Wisconsin, Grand Calumet River, Indiana, (p) GLOVER WILKINS LOCK, TENNESSEE- ing measures to address excessive sedimenta- Ashtabula River, Ohio, Buffalo River, New TOMBIGBEE WATERWAY.— tion, high nutrient concentration, and shore- York, and Duluth/Superior Harbor, Min- (1) DESIGNATION.—Lock B at Mile 376 of the line erosion.’’. nesota. Tennessee-Tombigbee Waterway is des- SEC. 508. MAINTENANCE OF NAVIGATION CHAN- ‘‘(3) DEADLINE FOR IDENTIFICATIONS.—With- ignated as the ‘‘Glover Wilkins Lock’’. NELS. in 18 months after the date of the enactment (2) LEGAL REFERENCE.—Any reference in a (a) IN GENERAL.—Upon request of the non- of this subsection, the Secretary shall iden- law, map, regulation, document, paper, or Federal interest, the Secretary shall be re- tify the sites and technologies to be dem- other record to the lock referred to in para- sponsible for maintenance of the following onstrated and complete each such full-scale graph (1) is deemed to be a reference to the navigation channels constructed or improved demonstration project within 3 years after ‘‘Glover Wilkins Lock’’. by non-Federal interests if the Secretary de- such date of enactment. SEC. 506. WATERSHED MANAGEMENT, RESTORA- termines that such maintenance is economi- ‘‘(4) NON-FEDERAL SHARE.—Non-Federal in- TION, AND DEVELOPMENT. cally justified and environmentally accept- terests shall contribute 50 percent of costs of (a) IN GENERAL.—The Secretary is author- able and that the channel was constructed in projects under this subsection. Such costs ized to provide technical, planning, and de- accordance with applicable permits and ap- may be paid in cash or by providing in-kind sign assistance to non-Federal interests for propriate engineering and design standards: contributions. carrying out watershed management, res- (1) Humboldt Harbor and Bay, Fields Land- ‘‘(5) AUTHORIZATIONS.—There is authorized toration, and development projects at the lo- ing Channel, California. to be appropriated to the Secretary to carry cations described in subsection (d). (2) Mare Island Strait, California; except out this section $5,000,000 for each of fiscal (b) SPECIFIC MEASURES.—Assistance pro- that, for purposes of this section, the naviga- years 1997 through 2000.’’. tion channel shall be deemed to have been vided pursuant to subsection (a) may be in SEC. 510. GREAT LAKES DREDGED MATERIAL support of non-Federal projects for the fol- constructed or improved by non-Federal in- TESTING AND EVALUATION MANUAL. terests. lowing purposes: The Secretary, in cooperation with the Ad- (3) Mississippi River Ship Channel, (1) Management and restoration of water ministrator of the Environmental Protection Chalmette Slip, Louisiana. quality. Agency, shall provide technical assistance to (4) Greenville Inner Harbor Channel, Mis- (2) Control and remediation of toxic sedi- non-Federal interests on testing procedures sissippi. ments. contained in the Great Lakes Dredged Mate- (5) Providence Harbor Shipping Channel, (3) Restoration of degraded streams, rivers, rial Testing and Evaluation Manual devel- Rhode Island. wetlands, and other waterbodies to their nat- oped pursuant to section 230.2(c) of title 40, (6) Matagorda Ship Channel, Point Comfort ural condition as a means to control flood- Code of Federal Regulations. ing, excessive erosion, and sedimentation. Turning Basin, Texas. (4) Protection and restoration of water- (7) Corpus Christi Ship Channel, Rincon SEC. 511. GREAT LAKES SEDIMENT REDUCTION. sheds, including urban watersheds. Canal System, Texas. (a) GREAT LAKES TRIBUTARY SEDIMENT (5) Demonstration of technologies for non- (8) Brazos Island Harbor, Texas, connecting TRANSPORT MODEL.—For each major river structural measures to reduce destructive channel to Mexico. system or set of major river systems deposit- impact of flooding. (9) Blair Waterway, Tacoma Harbor, Wash- ing sediment into a Great Lakes federally (c) NON-FEDERAL SHARE.—The non-Federal ington. authorized commercial harbor, channel share of the cost of assistance provided (b) COMPLETION OF ASSESSMENT.—Within 6 maintenance project site, or Area of Concern under this section shall be 50 percent. months of receipt of a request from the non- identified under the Great Lakes Water (d) PROJECT LOCATIONS.—The Secretary Federal interest for Federal assumption of Quality Agreement of 1978, the Secretary, in may provide assistance under subsection (a) maintenance of a channel listed in sub- consultation and coordination with the for projects at the following locations: section (a), the Secretary shall make a de- Great Lakes States, shall develop a tribu- (1) Gila River and Tributaries, Santa Cruz termination as provided in subsection (a) and tary sediment transport model. River, Arizona. advise the non-Federal interest of the Sec- (b) REQUIREMENTS FOR MODELS.—In devel- (2) Rio Salado, Salt River, Phoenix and retary’s determination. oping a tributary sediment transport model Tempe, Arizona. SEC. 509. GREAT LAKES REMEDIAL ACTION under this section, the Secretary shall— (3) Colusa basin, California. PLANS AND SEDIMENT REMEDI- (1) build upon data and monitoring infor- (4) Los Angeles River watershed, Califor- ATION. mation generated in earlier studies and pro- Section 401 of the Water Resources Devel- nia. grams of the Great Lakes and their tribu- opment Act of 1990 (104 Stat. 4644) is amended (5) Russian River watershed, California. taries; and to read as follows: (6) Sacramento River watershed, Califor- (2) complete models for 30 major river sys- nia. ‘‘SEC. 401. GREAT LAKES REMEDIAL ACTION tems, either individually or in combination PLANS AND SEDIMENT REMEDI- as part of a set, within the 5-year period be- (7) San Pablo Bay watershed, California. ATION. ginning on the date of the enactment of this (8) Nancy Creek, Utoy Creek, and North ‘‘(a) GREAT LAKES REMEDIAL ACTION Act. Peachtree Creek and South Peachtree Creek PLANS.— basin, Georgia. ‘‘(1) IN GENERAL.—The Secretary is author- SEC. 512. GREAT LAKES CONFINED DISPOSAL FA- (9) Lower Platte River watershed, Ne- ized to provide technical, planning, and engi- CILITIES. braska. neering assistance to State and local govern- (a) ASSESSMENT.—The Secretary shall con- (10) Juniata River watershed, Pennsylva- ments and nongovernmental entities des- duct an assessment of the general conditions nia, including Raystown Lake. ignated by the State or local government in of confined disposal facilities in the Great (11) Upper Potomac River watershed, Grant the development and implementation of re- Lakes. and Mineral Counties, West Virginia. medial action plans for areas of concern in (b) REPORT.—Not later than 3 years after (e) AUTHORIZATION OF APPROPRIATIONS.— the Great Lakes identified under the Great the date of the enactment of this Act, the There is authorized to be appropriated to Lakes Water Quality Agreement of 1978. Secretary shall transmit to Congress a re- carry out this section $25,000,000 for fiscal ‘‘(2) NON-FEDERAL SHARE.—Non-Federal in- port on the results of the assessment con- years beginning after September 30, 1996. terests shall contribute, in cash or by provid- ducted under subsection (a), including the SEC. 507. LAKES PROGRAM. ing in-kind contributions, 50 percent of costs following: Section 602(a) of the Water Resources De- of activities for which assistance is provided (1) A description of the cumulative effects velopment Act of 1986 (100 Stat. 4148–4149) is under paragraph (1). of confined disposal facilities in the Great amended— ‘‘(b) SEDIMENT REMEDIATION DEMONSTRA- Lakes. (1) by striking ‘‘and’’ at the end of para- TION PROJECTS.— (2) Recommendations for specific remedi- graph (10); ‘‘(1) IN GENERAL.—The Secretary, in con- ation actions for each confined disposal fa- (2) by striking the period at the end of sultation with the Administrator of the En- cility in the Great Lakes. paragraph (11) and inserting a semicolon; and vironmental Protection Agency (acting (3) An evaluation of, and recommendations (3) by adding at the end the following: through the Great Lakes National Program for, confined disposal facility management H8718 CONGRESSIONAL RECORD — HOUSE July 30, 1996

practices and technologies to conserve ca- (2) COOPERATION.—In carrying out this sec- including the improvements required by sub- pacity at such facilities and to minimize ad- tion, the Secretary shall cooperate with the section (b). verse environmental effects at such facilities heads of appropriate Federal agencies. SEC. 517. ENVIRONMENTAL INFRASTRUCTURE. throughout the Great Lakes system. (f) REPORT.—Not later than December 31, Section 219 of the Water Resources Devel- SEC. 513. CHESAPEAKE BAY RESTORATION AND 1998, the Secretary shall transmit to Con- opment Act of 1992 (106 Stat. 4836–4837) is PROTECTION PROGRAM. gress a report on the results of the program amended by adding at the end the following (a) ESTABLISHMENT.—The Secretary shall carried out under this section, together with new subsection: establish a pilot program to provide to non- a recommendation concerning whether or ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— Federal interests in the Chesapeake Bay wa- not the program should be implemented on a There is authorized to be appropriated for tershed technical, planning, design, and con- national basis. providing construction assistance under this struction assistance for water-related envi- (g) AUTHORIZATION OF APPROPRIATIONS.— section— ronmental infrastructure and resource pro- There are authorized to be appropriated to ‘‘(1) $10,000,000 for the project described in tection and development projects affecting carry out this section $15,000,000. subsection (c)(5); ‘‘(2) $2,000,000 for the project described in the Chesapeake Bay, including projects for SEC. 514. EXTENSION OF JURISDICTION OF MIS- subsection (c)(6); sediment and erosion control, protection of SISSIPPI RIVER COMMISSION. ‘‘(3) $10,000,000 for the project described in eroding shorelines, protection of essential The jurisdiction of the Mississippi River subsection (c)(7); public works, wastewater treatment and re- Commission, established by the first section ‘‘(4) $11,000,000 for the project described in lated facilities, water supply and related fa- of the Act of June 28, 1879 (33 U.S.C. 641; 21 subsection (c)(8); cilities, and beneficial uses of dredged mate- Stat. 37), is extended to include— ‘‘(5) $20,000,000 for the project described in rial, and other related projects. (1) all of the area between the eastern side subsection (c)(16); and (b) PUBLIC OWNERSHIP REQUIREMENT.—The of the Bayou Lafourche Ridge from Donaldsonville, Louisiana, to the Gulf of ‘‘(6) $20,000,000 for the project described in Secretary may provide assistance for a subsection (c)(17).’’. project under this section only if the project Mexico and the west guide levee of the Mis- SEC. 518. CORPS CAPABILITY TO CONSERVE FISH is publicly owned and will be publicly oper- sissippi River from Donaldsonville, Louisi- ana, to the Gulf of Mexico; AND WILDLIFE. ated and maintained. Section 704(b) of the Water Resources De- (2) Alexander County, Illinois; and (c) COOPERATION AGREEMENT.— velopment Act of 1986 (33 U.S.C. 2263(b); 100 (3) the area in the State of Illinois from (1) IN GENERAL.—Before providing assist- Stat. 4157) is amended— the confluence of the Mississippi and Ohio ance under this section, the Secretary shall (1) by striking ‘‘$5,000,000’’; and inserting enter into a project cooperation agreement Rivers northward to the vicinity of Mis- ‘‘$10,000,000’’; and pursuant to section 221 of the Flood Control sissippi River mile 39.5, including the Len (2) in paragraph (4) by inserting ‘‘and Vir- Act of 1970 (84 Stat. 1818) with a non-Federal Small Drainage and Levee District, insofar ginia’’ after ‘‘Maryland’’. as such area is affected by the flood waters interest to provide for technical, planning, SEC. 519. PERIODIC BEACH NOURISHMENT. of the Mississippi River. design, and construction assistance for the The Secretary shall carry out periodic project. SEC. 515. ALTERNATIVE TO ANNUAL PASSES. beach nourishment for each of the following (2) REQUIREMENTS.—Each agreement en- (a) IN GENERAL.—The Secretary shall projects for a period of 50 years beginning on tered into pursuant to this subsection shall evaluate the feasibility of implementing an the date of initiation of construction of such provide for the following: alternative to the $25 annual pass that the project: (A) PLAN.—Development by the Secretary, Secretary currently offers to users of recre- (1) BROWARD COUNTY, FLORIDA.—Project for in consultation with appropriate Federal, ation facilities at water resources projects of shoreline protection, segments II and III, State, and local officials, of a plan, including the Corps of Engineers. Broward County, Florida. appropriate engineering plans and specifica- (b) ANNUAL PASS.—The evaluation under (2) FORT PIERCE, FLORIDA.—Project for tions and an estimate of expected benefits. subsection (a) shall include the establish- shoreline protection, Fort Pierce, Florida. (B) LEGAL AND INSTITUTIONAL STRUC- ment of an annual pass which costs $10 or (3) LEE COUNTY, FLORIDA.—Project for TURES.—Establishment of such legal and in- less for the use of recreation facilities at shoreline protection, Lee County, Captiva Is- stitutional structures as are necessary to en- Raystown Lake, Pennsylvania. land segment, Florida. sure the effective long-term operation and (c) REPORT.—Not later than December 31, (4) PALM BEACH COUNTY, FLORIDA.—Project maintenance of the project by the non-Fed- 1998, the Secretary shall transmit to Con- for shoreline protection, Jupiter/Carlin, eral interest. gress a report on the results of the project Ocean Ridge, and Boca Raton North Beach (d) COST SHARING.— carried out under this section, together with segments, Palm Beach County, Florida. (1) FEDERAL SHARE.—Except as provided in recommendations concerning whether an- (5) PANAMA CITY BEACHES, FLORIDA.— paragraph (2)(B), the Federal share of the nual passes for individual projects should be Project for shoreline protection, Panama total project costs of each local cooperation offered on a nationwide basis. City Beaches, Florida. agreement entered into under this section SEC. 516. RECREATION PARTNERSHIP INITIA- (6) TYBEE ISLAND, GEORGIA.—Project for shall be 75 percent. TIVE. beach erosion control, Tybee Island, Georgia. (2) NON-FEDERAL SHARE.— (a) IN GENERAL.—The Secretary shall pro- SEC. 520. CONTROL OF AQUATIC PLANTS. (A) PROVISION OF LANDS, EASEMENTS, mote Federal, non-Federal, and private sec- The Secretary shall carry out under sec- RIGHTS-OF-WAY, AND RELOCATIONS.—The non- tor cooperation in creating public recreation tion 104(b) of the River and Harbor Act of Federal interests for a project to which this opportunities and developing the necessary 1958 (33 U.S.C. 610(b))— section applies shall provide the lands, ease- supporting infrastructure at water resources (1) a program to control aquatic plants in ments, rights-of-way, relocations, and projects of the Corps of Engineers. Lake St. Clair, Michigan; and dredged material disposal areas necessary (b) INFRASTRUCTURE IMPROVEMENTS.— (2) program to control aquatic plants in for the project. (1) RECREATION INFRASTRUCTURE IMPROVE- the Schuylkill River, Philadelphia, Penn- (B) VALUE OF LANDS, EASEMENTS, RIGHTS- MENTS.—In demonstrating the feasibility of sylvania. OF-WAY, AND RELOCATIONS.—In determining the public-private cooperative, the Secretary SEC. 521. HOPPER DREDGES. the non-Federal contribution toward carry- shall provide, at Federal expense, such infra- Section 3 of the Act of August 11, 1888 (33 ing out a local cooperation agreement en- structure improvements as are necessary to U.S.C. 622; 25 Stat. 423), is amended by adding tered into under this section, the Secretary support a potential private recreational de- at the end the following: shall provide credit to a non-Federal interest velopment at the Raystown Lake Project, ‘‘(c) PROGRAM TO INCREASE USE OF PRIVATE for the value of lands, easements, rights-of- Pennsylvania, generally in accordance with HOPPER DREDGES.— way, relocations, and dredged material dis- the Master Plan Update (1994) for the ‘‘(1) INITIATION.—The Secretary shall initi- posal areas provided by the non-Federal in- project. ate a program to increase the use of private terest, except that the amount of credit pro- (2) AGREEMENT.—The Secretary shall enter industry hopper dredges for the construction vided for a project under this paragraph may into an agreement with an appropriate non- and maintenance of Federal navigation not exceed 25 percent of total project costs. Federal public entity to ensure that the in- channels. (C) OPERATION AND MAINTENANCE COSTS.— frastructure improvements constructed by ‘‘(2) READY RESERVE STATUS FOR HOPPER The non-Federal share of the costs of oper- the Secretary on non-project lands pursuant DREDGE WHEELER.—In order to carry out the ation and maintenance of carrying out the to paragraph (1) are transferred to and oper- requirements of this subsection, the Sec- agreement under this section shall be 100 ated and maintained by the non-Federal pub- retary shall, not later than the earlier of 90 percent. lic entity. days after the date of completion of the re- (e) APPLICABILITY OF OTHER FEDERAL AND (3) AUTHORIZATION OF APPROPRIATIONS.— habilitation of the hopper dredge McFarland STATE LAWS AND AGREEMENTS.— There is authorized to be appropriated to pursuant to section 564 of the Water Re- (1) IN GENERAL.—Nothing in this section carry out this subsection $4,500,000 for fiscal sources Development Act of 1996 or October waives, limits, or otherwise affects the appli- years beginning after September 30, 1996. 1, 1997, place the Federal hopper dredge cability of any provision of Federal or State (c) REPORT.—Not later than December 31, Wheeler in a ready reserve status. law that would otherwise apply to a project 1998, the Secretary shall transmit to Con- ‘‘(3) TESTING AND USE OF READY RESERVE carried out with assistance provided under gress a report on the results of the coopera- HOPPER DREDGE.—The Secretary may periodi- this section. tive efforts carried out under this section, cally perform routine tests of the equipment July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8719 of the vessel placed in a ready reserve status (3) Repair and upgrade of the dam and ap- project cost to be used by the non-Federal under this subsection to ensure the vessel’s purtenant features at Lake Merriweather, interests to undertake the work directly or ability to perform emergency work. The Sec- Little Calfpasture River, Virginia, at an esti- by contract.’’. retary shall not assign any scheduled hopper mated total cost of $6,000,000. SEC. 530. CALAVERAS COUNTY, CALIFORNIA. dredging work to such vessel but shall per- SEC. 523. FIELD OFFICE HEADQUARTERS FACILI- (a) COOPERATION AGREEMENTS.—The Sec- form any repairs needed to maintain the ves- TIES. retary shall enter into cooperation agree- sel in a fully operational condition. The Sec- Subject to amounts being made available ments with non-Federal interests to develop retary may place the vessel in active status in advance in appropriations Acts, the Sec- and carry out, in cooperation with Federal in order to perform any dredging work only retary may use Plant Replacement and Im- and State agencies, reclamation and protec- in the event the Secretary determines that provement Program funds to design and con- tion projects for the purpose of abating and private industry has failed to submit a re- struct a new headquarters facility for— mitigating surface water quality degrada- sponsive and responsible bid for work adver- (1) the New England Division, Waltham, tion caused by abandoned mines in the wa- tised by the Secretary or to carry out the Massachusetts; and tershed of the lower Mokelume River in project as required pursuant to a contract (2) the Jacksonville District, Jacksonville, Calaveras County, California. with the Secretary. Florida. (b) CONSULTATION WITH FEDERAL ENTI- ‘‘(4) REPAIR AND REHABILITATION.—The Sec- SEC. 524. CORPS OF ENGINEERS RESTRUCTUR- TIES.—Any project under subsection (a) that retary may undertake any repair and reha- ING PLAN. is located on lands owned by the United bilitation of any Federal hopper dredge, in- (a) DIVISION OFFICE, CHICAGO, ILLINOIS.— States shall be undertaken in consultation cluding the vessel placed in ready reserve The Secretary shall continue to maintain a with the Federal entity with administrative status under paragraph (2) to allow the ves- division office of the Corps of Engineers in jurisdiction over such lands. sel to be placed into active status as pro- Chicago, Illinois, notwithstanding any plan (c) FEDERAL SHARE.—The Federal share of vided in paragraph (3). developed pursuant to title I of the Energy the cost of the activities conducted under co- ‘‘(5) PROCEDURES.—The Secretary shall de- and Water Development Appropriations Act, operation agreements entered into under velop and implement procedures to ensure 1996 (109 Stat. 405) to reduce the number of subsection (a) shall be 75 percent; except that, to the maximum extent practicable, division offices. Such division office shall be that, with respect to projects located on private industry hopper dredge capacity is responsible for the 5 district offices for which lands owned by the United States, the Fed- available to meet both routine and time-sen- the division office was responsible on June 1, eral share shall be 100 percent. The non-Fed- sitive dredging needs. Such procedures shall 1996. eral share of project costs may be provided include— (b) DISTRICT OFFICE, ST. LOUIS, MISSOURI.— in the form of design and construction serv- ‘‘(A) scheduling of contract solicitations to The Secretary shall not reassign the St. ices. Non-Federal interests shall receive effectively distribute dredging work Louis District of the Corps of Engineers from credit for the reasonable costs of such serv- throughout the dredging season; and the operational control of the Lower Mis- ices completed by such interests prior to en- ‘‘(B) use of expedited contracting proce- sissippi Valley Division. tering an agreement with the Secretary for a dures to allow dredges performing routine project. SEC. 525. LAKE SUPERIOR CENTER. work to be made available to meet time-sen- (d) AUTHORIZATION OF APPROPRIATIONS.— (a) CONSTRUCTION.—The Secretary, shall sitive, urgent, or emergency dredging needs. There is authorized to be appropriated to assist the Minnesota Lake Superior Center ‘‘(6) REPORT.—Not later than 2 years after carry out this section $5,000,000 for projects authority in the construction of an edu- the date of the enactment of this subsection, undertaken under this section. cational facility to be used in connection the Secretary shall report to Congress on with efforts to educate the public in the eco- SEC. 531. FARMINGTON DAM, CALIFORNIA. whether the vessel placed in ready reserve nomic, recreational, biological, aesthetic, (a) CONJUNCTIVE USE STUDY.—The Sec- status pursuant to paragraph (2) is needed to and spiritual worth of Lake Superior and retary is directed to continue participation be returned to active status or continued in other large bodies of fresh water. in the Stockton, California Metropolitan a ready reserve status or whether another Area Flood Control study to include the (b) PUBLIC OWNERSHIP.—Prior to providing Federal hopper dredge should be placed in a any assistance under subsection (a), the Sec- evaluation of the feasibility of storage of ready reserve status. retary shall verify that the facility to be water at Farmington Dam to implement a ‘‘(7) LIMITATIONS.— constructed under subsection (a) will be conjunctive use plan. In conducting the ‘‘(A) REDUCTIONS IN STATUS.—The Sec- owned by the public authority established by study, the Secretary shall consult with the retary may not further reduce the readiness the State of Minnesota to develop, operate, Stockton East Water District concerning status of any Federal hopper dredge below a and maintain the Lake Superior Center. joint operation or potential transfer of ready reserve status except any vessel placed Farmington Dam. The Secretary shall make (c) AUTHORIZATION OF APPROPRIATIONS.— in such status for not less than 5 years which There is authorized to be appropriated for recommendations on facility transfers and the Secretary determines has not been used fiscal years beginning after September 30, operational alternatives as part of the Sec- sufficiently to justify retaining the vessel in 1996, $10,000,000 for the construction of the fa- retary’s report to Congress. such status. (b) REPORT.—The Secretary shall report to cility under subsection (a). ‘‘(B) INCREASE IN ASSIGNMENTS OF DREDGING Congress, no later than 1 year after the date WORK.—For each fiscal year beginning after SEC. 526. JACKSON COUNTY, ALABAMA. of the enactment of this Act, on the feasibil- the date of the enactment of this subsection, The Secretary shall provide technical, ity of a conjunctive use plan using Farming- the Secretary shall not assign any greater planning, and design assistance to non-Fed- ton Dam for water storage. eral interests for wastewater treatment and quantity of dredging work to any Federal SEC. 532. LOS ANGELES COUNTY DRAINAGE hopper dredge in an active status than was related facilities, remediation of point and AREA, CALIFORNIA. assigned to that vessel in the average of the nonpoint sources of pollution and contami- The non-Federal share for a project to add 3 prior fiscal years. nated riverbed sediments, and related activi- water conservation to the existing Los Ange- ‘‘(8) CONTRACTS; PAYMENT OF CAPITAL ties in Jackson County, Alabama, including les County Drainage Area, California, project COSTS.—The Secretary may enter into a con- the city of Stevenson. The Federal cost of shall be 100 percent of separable first costs tract for the maintenance and crewing of such assistance may not exceed $5,000,000. and separable operation, maintenance, and any vessel retained in a ready reserve status. SEC. 527. EARTHQUAKE PREPAREDNESS CENTER replacement costs associated with the water The capital costs (including depreciation OF EXPERTISE EXTENSION. conservation purpose. costs) of any vessel retained in such status The Secretary shall establish an extension SEC. 533. PRADO DAM SAFETY IMPROVEMENTS, shall be paid for out of funds made available of the Earthquake Preparedness Center of CALIFORNIA. from the Harbor Maintenance Trust Fund Expertise for the central United States at an The Secretary, in coordination with the and shall not be charged against the Corps of existing district office of the Corps of Engi- State of California, shall provide technical Engineers’ Revolving Fund Account or any neers near the New Madrid fault. assistance to Orange County, California, in individual project cost unless the vessel is SEC. 528. QUARANTINE FACILITY. developing appropriate public safety and ac- specifically used in connection with that Section 108(c) of the Water Resources De- cess improvements associated with that por- project.’’. velopment Act of 1992 (106 Stat. 4816) is tion of California State Route 71 being relo- SEC. 522. DESIGN AND CONSTRUCTION ASSIST- amended by striking ‘‘$1,000,000’’ and insert- cated for the Prado Dam feature of the ANCE. ing ‘‘$4,000,000’’. project authorized as part of the project for The Secretary shall provide design and SEC. 529. BENTON AND WASHINGTON COUNTIES, flood control, Santa Ana River Mainstem, construction assistance to non-Federal inter- ARKANSAS. California, by section 401(a) of the Water Re- ests for the following projects: Section 220 of the Water Resources Devel- sources Development Act of 1986 (100 Stat. (1) Repair and rehabilitation of the Lower opment Act of 1992 (106 Stat. 4836–4837) is 4113). Girard Lake Dam, Girard, Ohio, at an esti- amended by adding at the end the following SEC. 534. SEVEN OAKS DAM, CALIFORNIA. mated total cost of $2,500,000. new subsection: The non-Federal share for a project to add (2) Construction of a multi-purpose dam ‘‘(c) USE OF FEDERAL FUNDS.—The Sec- water conservation to the Seven Oaks Dam, and reservoir, Bear Valley Dam, Franklin retary may make available to the non-Fed- Santa Ana River Mainstem, California, County, Pennsylvania, at an estimated total eral interests funds not to exceed an amount project shall be 100 percent of separable first cost of $15,000,000. equal to the Federal share of the total costs and separable operation, maintenance, H8720 CONGRESSIONAL RECORD — HOUSE July 30, 1996 and replacement costs associated with the share may be in the form of grants or reim- to be a compatible and integral part of the water conservation purpose. bursements of project costs. projects shall be credited toward the non- SEC. 535. MANATEE COUNTY, FLORIDA. (B) CREDIT FOR CERTAIN FINANCING COSTS.— Federal share of the projects. The project for flood control, Cedar Ham- In the event of delays in the reimbursement (c) FUNDING.—There is authorized to be ap- mock (Wares Creek), Florida, is authorized of the non-Federal share of a project, the propriated $100,000,000 for the initiation and to be carried out by the Secretary substan- non-Federal interest shall receive credit for partial accomplishment of projects described tially in accordance with the Final Detailed reasonable interest and other associated fi- in the reports referred to in subsection (a). Project Report and Environmental Assess- nancing costs necessary for such non-Federal SEC. 541. RESTORATION PROJECTS FOR MARY- ment, dated April 1995, at a total cost of interest to provide the non-Federal share of LAND, PENNSYLVANIA, AND WEST $13,846,000, with an estimated first Federal the project’s cost. VIRGINIA. cost of $8,783,000 and an estimated non-Fed- (C) LANDS, EASEMENTS, AND RIGHTS-OF- (a) IN GENERAL.— eral cost of $5,063,000. WAY.—The non-Federal interest shall receive (1) COOPERATION AGREEMENTS.—The Sec- SEC. 536. TAMPA, FLORIDA. credit for lands, easements, rights-of-way, retary shall enter into cooperation agree- The Secretary may enter into a coopera- and relocations provided by the non-Federal ments with non-Federal interests to develop tive agreement under section 230 of this Act interest toward its share of project costs, in- and carry out, in cooperation with Federal with the Museum of Science and Industry, cluding for costs associated with obtaining and State agencies, reclamation and protec- Tampa, Florida, to provide technical, plan- permits necessary for the placement of such tion projects for the purpose of abating and ning, and design assistance to demonstrate project on publicly owned or controlled mitigating surface water quality degrada- the water quality functions found in wet- lands, but not to exceed 25 percent of total tion caused by abandoned mines along— lands, at an estimated total Federal cost of project costs. (A) the North Branch of the Potomac $500,000. (D) OPERATION AND MAINTENANCE.—Oper- River, Maryland, Pennsylvania, and West Virginia; and SEC. 537. WATERSHED MANAGEMENT PLAN FOR ation and maintenance costs shall be 100 per- DEEP RIVER BASIN, INDIANA. cent non-Federal. (B) the New River, West Virginia, water- (a) DEVELOPMENT.—The Secretary, in con- (d) APPLICABILITY OF OTHER FEDERAL AND shed. sultation with the Natural Resources Con- STATE LAWS.—Nothing in this section shall (2) ADDITIONAL MEASURES.—Projects under servation Service of the Department of Agri- be construed as waiving, limiting, or other- paragraph (1) may also include measures for culture, shall develop a watershed manage- wise affecting the applicability of any provi- the abatement and mitigation of surface ment plan for the Deep River Basin, Indiana, sion of Federal or State law which would water quality degradation caused by the lack which includes Deep River, Lake George, otherwise apply to a project to be carried out of sanitary wastewater treatment facilities Turkey Creek, and other related tributaries with assistance provided under this section. or the need to enhance such facilities. in Indiana. (e) REPORT.—Not later than December 31, (3) CONSULTATION WITH FEDERAL ENTITIES.— (b) CONTENTS.—The plan to be developed by 1999, the Secretary shall transmit to Con- Any project under paragraph (1) that is lo- the Secretary under subsection (a) shall ad- gress a report on the results of the program cated on lands owned by the United States dress specific concerns related to the Deep carried out under this section, together with shall be undertaken in consultation with the River Basin area, including sediment flow recommendations concerning whether or not Federal entity with administrative jurisdic- into Deep River, Turkey Creek, and other such program should be implemented on a tion over such lands. tributaries; control of sediment quality in national basis. (b) FEDERAL SHARE.—The Federal share of Lake George; flooding problems; the safety (f) SOUTHERN AND EASTERN KENTUCKY DE- the cost of the activities conducted under co- of the Lake George Dam; and watershed FINED.—For purposes of this section, the operation agreements entered into under management. term ‘‘southern and eastern Kentucky’’ subsection (a)(1) shall be 75 percent; except that, with respect to projects located on SEC. 538. SOUTHERN AND EASTERN KENTUCKY. means Morgan, Floyd, Pulaski, Wayne, Lau- rel, Knox, Pike, Menifee, Perry, Harlan, lands owned by the United States, the Fed- (a) ESTABLISHMENT OF PROGRAM.—The Sec- eral share shall be 100 percent. The non-Fed- retary shall establish a program for provid- Breathitt, Martin, Jackson, Wolfe, Clay, eral share of project costs may be provided ing environmental assistance to non-Federal Magoffin, Owsley, Johnson, Leslie, Law- in the form of design and construction serv- interests in southern and eastern Kentucky. rence, Knott, Bell, McCreary, Rockcastle, ices. Non-Federal interests shall receive Such assistance may be in the form of design Whitley, Lee, and Letcher Counties, Ken- credit for the reasonable costs of such serv- and construction assistance for water-relat- tucky. ices completed by such interests prior to en- ed environmental infrastructure and re- (g) AUTHORIZATION OF APPROPRIATIONS.— tering an agreement with the Secretary for a source protection and development projects There is authorized to be appropriated to project. in southern and eastern Kentucky, including carry out this section $10,000,000. (c) AUTHORIZATION OF APPROPRIATIONS.— projects for wastewater treatment and relat- SEC. 539. LOUISIANA COASTAL WETLANDS RES- There is authorized to be appropriated to ed facilities, water supply, storage, treat- TORATION PROJECTS. carry out this section $5,000,000 for projects ment, and distribution facilities, and surface Section 303(f) of the Coastal Wetlands undertaken under subsection (a)(1)(A) and water resource protection and development. Planning, Protection and Restoration Act (16 $5,000,000 for projects undertaken under sub- (b) PUBLIC OWNERSHIP REQUIREMENT.—The U.S.C. 3952(f); 104 Stat. 4782–4783) is amend- Secretary may provide assistance for a ed— section (a)(1)(B). project under this section only if the project (1) in paragraph (4) by striking ‘‘and (3)’’ SEC. 542. CUMBERLAND, MARYLAND. is publicly owned. and inserting ‘‘(3), and (5)’’; and The Secretary is directed to provide tech- (c) PROJECT COOPERATION AGREEMENTS.— (2) by adding at the end the following: nical, planning, and design assistance to (1) IN GENERAL.—Before providing assist- ‘‘(5) FEDERAL SHARE IN CALENDAR YEARS 1996 State, local, and other Federal entities for ance under this section, the Secretary shall AND 1997.—Notwithstanding paragraphs (1) the restoration of the Chesapeake and Ohio enter into a project cooperation agreement and (2), amounts made available in accord- Canal, in the vicinity of Cumberland, Mary- with a non-Federal interest to provide for de- ance with section 306 of this title to carry land. sign and construction of the project to be out coastal wetlands restoration projects SEC. 543. BENEFICIAL USE OF DREDGED MATE- carried out with such assistance. under this section in calendar years 1996 and RIAL, POPLAR ISLAND, MARYLAND. (2) REQUIREMENTS.—Each agreement en- 1997 shall provide 90 percent of the cost of The Secretary shall carry out a project for tered into under this subsection shall pro- such projects.’’. the beneficial use of dredged material at vide for the following: SEC. 540. SOUTHEAST LOUISIANA. Poplar Island, Maryland, pursuant to section (A) PLAN.—Development by the Secretary, (a) FLOOD CONTROL.—The Secretary is di- 204 of the Water Resources Development Act in consultation with appropriate Federal and rected to proceed with engineering, design, of 1992; except that, notwithstanding the State officials, of a facilities development and construction of projects to provide for limitation contained in subsection (e) of plan or resource protection plan, including flood control and improvements to rainfall such section, the initial cost of constructing appropriate plans and specifications. drainage systems in Jefferson, Orleans, and dikes for the project shall be $78,000,000, with (B) LEGAL AND INSTITUTIONAL STRUC- St. Tammany Parishes, Louisiana, in accord- an estimated Federal cost of $58,500,000 and TURES.—Establishment of each such legal ance with the following reports of the New an estimated non-Federal cost of $19,500,000. and institutional structures as are necessary Orleans District Engineer: Jefferson and Or- SEC. 544. EROSION CONTROL MEASURES, SMITH to assure the effective long-term operation leans Parishes, Louisiana, Urban Flood Con- ISLAND, MARYLAND. of the project by the non-Federal interest. trol and Water Quality Management, July (a) IN GENERAL.—The Secretary shall im- (3) COST SHARING.— 1992; Tangipahoa, Techefuncte, and Tickfaw plement erosion control measures in the vi- (A) IN GENERAL.—Total project costs under Rivers, Louisiana, June 1991; St. Tammany cinity of Rhodes Point, Smith Island, Mary- each agreement entered into under this sub- Parish, Louisiana, July 1996; and Schneider land, at an estimated total Federal cost of section shall be shared at 75 percent Federal Canal, Slidell, Louisiana, Hurricane Protec- $450,000. and 25 percent non-Federal, except that the tion, May 1990. (b) IMPLEMENTATION ON EMERGENCY non-Federal interest shall receive credit for (b) COST SHARING.—The cost of any work BASIS.—The project under subsection (a) the reasonable costs of design work com- performed by the non-Federal interests sub- shall be carried out on an emergency basis in pleted by such interest before entry into the sequent to the reports referred to in sub- view of the national, historic, and cultural agreement with the Secretary. The Federal section (a) and determined by the Secretary value of the island and in order to protect July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8721 the Federal investment in infrastructure fa- Tourism Master Plan prepared by the city on provide technical assistance for a water cilities. flood control storage in Sardis Lake. The treatment technology center addressing the (c) COST SHARING.—Cost sharing applicable city shall not be required to reimburse the needs of small communities. to hurricane and storm damage reduction Secretary for the cost of such storage, or the SEC. 552. HACKENSACK MEADOWLANDS AREA, shall be applicable to the project to be car- cost of the Secretary’s review, if the Sec- NEW JERSEY. ried out under subsection (a). retary finds that the loss of flood control Section 324(b)(1) of the Water Resources SEC. 545. DULUTH, MINNESOTA, ALTERNATIVE storage resulting from implementation of Development Act of 1992 (106 Stat. 4849) is TECHNOLOGY PROJECT. the master plan is not significant. amended to read as follows: (a) PROJECT AUTHORIZATION.—The Sec- SEC. 549. MISSOURI RIVER MANAGEMENT. ‘‘(1) Mitigation, enhancement, and acquisi- retary shall develop and implement alter- (a) NAVIGATION SEASON EXTENSION.— tion of significant wetlands that contribute native methods for decontamination and dis- (1) INCREASES.—The Secretary, working to the Meadowlands ecosystem.’’. posal of contaminated dredged material at with the Secretary of Agriculture and the SEC. 553. AUTHORIZATION OF DREDGE MATE- the Port of Duluth, Minnesota. Secretary of the Interior, shall incremen- RIAL CONTAINMENT FACILITY FOR (b) AUTHORIZATION OF APPROPRIATIONS.— tally increase the length of each navigation PORT OF NEW YORK/NEW JERSEY. (a) IN GENERAL.—The Secretary is author- There is authorized to be appropriated for season for the Missouri River by 15 days ized to construct, operate, and maintain a fiscal years beginning after September 30, from the length of the previous navigation dredged material containment facility with 1996, to carry out this section $1,000,000. Such season and those seasons thereafter, until a capacity commensurate with the long-term sums shall remain available until expended. such time as the navigation season for the dredged material disposal needs of port fa- SEC. 546. REDWOOD RIVER BASIN, MINNESOTA. Missouri River is increased by 1 month from cilities under the jurisdiction of the Port of (a) STUDY AND STRATEGY DEVELOPMENT.— the length of the navigation season on April New York/New Jersey. Such facility may be The Secretary, in cooperation with the Sec- 1, 1996. a near-shore dredged material disposal facil- retary of Agriculture and the State of Min- (2) APPLICATION OF INCREASES.—Increases ity along the Brooklyn waterfront. The costs nesota, shall conduct a study, and develop a in the length of the navigation season under associated with feasibility studies, design, strategy, for using wetland restoration, soil paragraph (1) shall be applied in calendar engineering, and construction shall be and water conservation practices, and non- year 1996 so that the navigation season in shared with the local sponsor in accordance structural measures to reduce flood dam- such calendar year for the Missouri River be- with the provisions of section 101 of the ages, improve water quality, and create wild- gins on April 1, 1996, and ends on December Water Resources Development Act of 1986. life habitat in the Redwood River basin and 15, 1996. (b) BENEFICIAL USE.—After the facility to the subbasins draining into the Minnesota (3) ADJUSTMENT OF NAVIGATION LEVELS.— be constructed under subsection (a) has been River, at an estimated Federal cost of Scheduled full navigation levels shall be in- filled to capacity with dredged material, the $4,000,000. crementally increased to coincide with in- Secretary shall maintain the facility for the (b) NON-FEDERAL SHARE.—The non-Federal creases in the navigation season under para- public benefit. share of the cost of the study and develop- graph (1). SEC. 554. HUDSON RIVER HABITAT RESTORA- ment of the strategy shall be 25 percent and (b) WATER CONTROL POLICIES AFFECTING TION, NEW YORK. may be provided through in-kind services NAVIGATION CHANNELS.—The Secretary may (a) HABITAT RESTORATION PROJECT.—The and materials. not take any action which is inconsistent Secretary shall expedite the feasibility study (c) COOPERATION AGREEMENT.—In conduct- with a water control policy of the Corps of of the Hudson River Habitat Restoration, ing the study and developing the strategy Engineers in effect on January 1, 1995, if such Hudson River Basin, New York, and shall under this section, the Secretary shall enter action would result in— carry out no fewer than 4 projects for habitat into cooperation agreements to provide fi- (1) a reduction of 10 days or more in the restoration, to the extent the Secretary de- nancial assistance to appropriate Federal, total number of days in a year during which termines such work to be technically fea- State, and local government agencies, in- vessels are able to use navigation channels; sible. Such projects shall be designed to— cluding activities for the implementation of or (1) provide a pilot project to assess and im- wetland restoration projects and soil and (2) a substantial increase in flood damage prove habitat value and environmental out- water conservation measures. to lands adjacent to a navigation channel, puts of recommended projects; (d) IMPLEMENTATION.—The Secretary shall unless such action is specifically authorized (2) provide a demonstration project to undertake development and implementation by a law enacted after the date of the enact- evaluate various restoration techniques for of the strategy authorized by this section in ment of this Act. effectiveness and cost; cooperation with local landowners and local (c) ECONOMIC AND ENVIRONMENTAL IMPACT (3) fill an important local habitat need government officials. EVALUATION.—Whenever a Federal depart- within a specific portion of the study area; SEC. 547. NATCHEZ BLUFFS, MISSISSIPPI. ment, agency, or instrumentality conducts and (a) IN GENERAL.—The Secretary shall carry an environmental impact statement with re- (4) take advantage of ongoing or planned out the project for bluff stabilization, Natch- spect to management of the Missouri River actions by other agencies, local municipali- ez Bluffs, Natchez, Mississippi, substantially system, the head of such department, agen- ties, or environmental groups that would in- in accordance with (1) the Natchez Bluffs cy, or instrumentality shall also conduct a crease the effectiveness or decrease the over- Study, dated September 1985, (2) the Natchez cost benefit analysis on any changes pro- all cost of implementing one of the rec- Bluffs Study: Supplement I, dated June 1990, posed in the management of the Missouri ommended restoration project sites. and (3) the Natchez Bluffs Study: Supple- River. (b) NON-FEDERAL SHARE.—Non-Federal in- ment II, dated December 1993, in the portions SEC. 550. ST. CHARLES COUNTY, MISSOURI, terests shall provide 25 percent of the cost on of the bluffs described in subsection (b), at a FLOOD PROTECTION. each project undertaken under subsection total cost of $17,200,000, with an estimated (a) IN GENERAL.—Notwithstanding any (a). The non-Federal share may be in the Federal cost of $12,900,000 and an estimated other provision of law or regulation, no form of cash or in-kind contributions. non-Federal cost of $4,300,000. county located at the confluence of the Mis- (c) AUTHORIZATION OF APPROPRIATIONS.— (b) DESCRIPTION OF PROJECT LOCATION.— souri and Mississippi Rivers or community There is authorized to be appropriated to The portions of the Natchez Bluffs where the located in any county located at the con- carry out this section $11,000,000. project is to be carried out under subsection fluence of the Missouri and Mississippi Riv- SEC. 555. QUEENS COUNTY, NEW YORK. (a) are described in the studies referred to in ers shall have its participation in any Fed- (a) DESCRIPTION OF NONNAVIGABLE AREA.— subsection (a) as— eral program suspended, revoked, or other- Subject to subsections (b) and (c), the area of (1) Clifton Avenue, area 3; wise affected solely due to that county or Long Island City, Queens County, New York, (2) the bluff above Silver Street, area 6; community permitting the raising of levees that— (3) the bluff above Natchez Under-the-Hill, by any public-sponsored levee district, along (1) is not submerged; area 7; and an alignment approved by the circuit court (2) lies between the southerly high water (4) Madison Street to State Street, area 4. of such county, to a level sufficient to con- line (as of the date of enactment of this Act) SEC. 548. SARDIS LAKE, MISSISSIPPI. tain a 20-year flood. of Anable Basin (also known as the ‘‘11th (a) MANAGEMENT.—The Secretary shall (b) TREATMENT OF EXISTING PERMITS.—If Street Basin’’) and the northerly high water work cooperatively with the State of Mis- any public-sponsored levee district has re- line (as of the date of enactment of this Act) sissippi and the city of Sardis, Mississippi, to ceived a Federal permit valid during the of Newtown Creek; and the maximum extent practicable, in the Great Flood of 1993 to improve or modify its (3) extends from the high water line (as of management of existing and proposed leases levee system before the date of the enact- the date of enactment of this Act) of the of land consistent with the Sardis Lake ment of this Act, such permit shall be con- East River to the original high water line of Recreation and Tourism Master Plan pre- sidered adequate to allow the raising of the the East River; pared by the city for the economic develop- height of levees in such system under sub- is declared to be nonnavigable waters of the ment of the Sardis Lake area. section (a). United States. (b) FLOOD CONTROL STORAGE.—The Sec- SEC. 551. DURHAM, NEW HAMPSHIRE. (b) REQUIREMENT THAT AREA BE IM- retary shall review the study conducted by The Secretary may enter into a coopera- PROVED.— the city of Sardis, Mississippi, regarding the tive agreement under section 230 of this Act (1) IN GENERAL.—The declaration of non- impact of the Sardis Lake Recreation and with the University of New Hampshire to navigability under subsection (a) shall apply H8722 CONGRESSIONAL RECORD — HOUSE July 30, 1996 only to those portions of the area described tion only if the State director for the project Schoharie, Ulster, Sullivan, Westchester, in subsection (a) that are, or will be, bulk- certifies to the Secretary that the project Putnam, and Duchess which contributes headed, filled, or otherwise occupied by per- will contribute to the protection and en- water to the water supply system of New manent structures or other permanent phys- hancement of the quality or quantity of the York City. ical improvements (including parkland). New York City water supply. (i) AUTHORIZATION OF APPROPRIATIONS.— (2) APPLICABILITY OF FEDERAL LAW.—Im- (2) SPECIAL CONSIDERATION.—In certifying There is authorized to be appropriated to provements described in paragraph (1) shall projects to the Secretary, the State director carry out this section $25,000,000. be subject to applicable Federal laws, includ- shall give special consideration to those SEC. 559. OHIO RIVER GREENWAY. ing— projects implementing plans, agreements, (a) EXPEDITED COMPLETION OF STUDY.—The (A) sections 9 and 10 of the Act entitled and measures which preserve and enhance Secretary is directed to expedite the comple- ‘‘An Act making appropriations for the con- the economic and social character of the wa- tion of the study for the Ohio River Green- struction, repair, and preservation of certain tershed communities. way, Jeffersonville, Clarksville, and New Al- public works on rivers and harbors, and for (3) PROJECT DESCRIPTIONS.—Projects eligi- bany, Indiana. other purposes’’, approved March 3, 1899 (33 ble for assistance under this section shall in- (b) CONSTRUCTION.—Upon completion of the U.S.C. 401 and 403); clude the following: study, if the Secretary determines that the (B) section 404 of the Federal Water Pollu- (A) Implementation of intergovernmental project is feasible, the Secretary shall par- tion Control Act (33 U.S.C. 1344); and agreements for coordinating regulatory and ticipate with the non-Federal interests in (C) the National Environmental Policy Act management responsibilities. the construction of the project. of 1969 (42 U.S.C. 4321 et seq.). (B) Acceleration of whole farm planning to (c) COST SHARING.—Total project costs (c) EXPIRATION DATE.—The declaration of implement best management practices to under this section shall be shared at 50 per- nonnavigability under subsection (a) shall maintain or enhance water quality and to cent Federal and 50 percent non-Federal. expire with respect to a portion of the area promote agricultural land use. (d) LANDS, EASEMENTS, AND RIGHTS-OF- described in subsection (a), if the portion— (C) Acceleration of whole community plan- WAY.—Non-Federal interests shall be respon- (1) is not bulkheaded, filled, or otherwise ning to promote intergovernmental coopera- sible for providing all lands, easements, occupied by a permanent structure or other tion in the regulation and management of rights-of-way, relocations, and dredged ma- permanent physical improvement (including activities consistent with the goal of main- terial disposal areas necessary for the parkland) in accordance with subsection (b) taining or enhancing water quality. project. by the date that is 20 years after the date of (D) Natural resources stewardship on pub- (e) CREDIT.—The non-Federal interests the enactment of this Act; or lic and private lands to promote land uses shall receive credit for those costs incurred (2) requires an improvement described in that preserve and enhance the economic and by the non-Federal interests that the Sec- subsection (b)(2) that is subject to a permit social character of the watershed commu- retary determines are compatible with the under an applicable Federal law and the im- nities and protect and enhance water qual- study, design, and implementation of the provement is not commenced by the date ity. project. that is 5 years after the date of issuance of (d) COOPERATION AGREEMENTS.—Before pro- SEC. 560. NORTHEASTERN OHIO. the permit. viding assistance under this section, the Sec- The Secretary is authorized to provide SEC. 556. NEW YORK BIGHT AND HARBOR STUDY. retary shall enter into a project cooperation technical assistance to local interests for Section 326(f) of the Water Resources De- agreement with the State director for the planning the establishment of a regional velopment Act of 1992 (106 Stat. 4851) is project to be carried out with such assist- water authority in northeastern Ohio to ad- amended by striking ‘‘$1,000,000’’ and insert- ance. dress the water problems of the region. The ing ‘‘$5,000,000’’. (e) COST SHARING.— Federal share of the costs of such planning SEC. 557. NEW YORK STATE CANAL SYSTEM. (1) IN GENERAL.—Total project costs under shall not exceed 75 percent. each agreement entered into under this sec- (a) IN GENERAL.—The Secretary is author- SEC. 561. GRAND LAKE, OKLAHOMA. tion shall be shared at 75 percent Federal ized to make capital improvements to the (a) STUDY.—Not later than 1 year after the and 25 percent non-Federal. The non-Federal New York State Canal System. date of the enactment of this Act, the Sec- interest shall receive credit for the reason- (b) AGREEMENTS.—The Secretary shall, retary of the Army shall carry out and com- able costs of design work completed by such with the consent of appropriate local and plete a study of flood control in Grand/Neo- interest prior to entering into the agreement State entities, enter into such arrangements, sho Basin and tributaries in the vicinity of contracts, and leases with public and private with the Secretary for a project. The Federal Pensacola Dam in northeastern Oklahoma to entities as may be necessary for the purposes share may be in the form of grants or reim- determine the scope of the backwater effects of rehabilitation, renovation, preservation, bursements of project costs. of operation of the dam and to identify any and maintenance of the New York State (2) INTEREST.—In the event of delays in the lands which the Secretary determines have Canal System and its related facilities, in- reimbursement of the non-Federal share of a been adversely impacted by such operation cluding trailside facilities and other rec- project, the non-Federal interest shall re- or should have been originally purchased as reational projects along the waterways of ceive credit for reasonable interest costs in- flowage easement for the project. the canal system. curred to provide the non-Federal share of a (b) ACQUISITION OF REAL PROPERTY.—Upon (c) NEW YORK STATE CANAL SYSTEM DE- project’s cost. completion of the study and subject to ad- FINED.—In this section, the term ‘‘New York (3) LANDS, EASEMENTS, AND RIGHTS-OF-WAY vance appropriations, the Secretary shall ac- State Canal System’’ means the Erie, CREDIT.—The non-Federal interest shall re- quire from willing sellers such real property Oswego, Champlain, and Cayuga-Seneca Ca- ceive credit for lands, easements, rights-of- interests in any lands identified in the study nals. way, and relocations provided by the non- as the Secretary determines are necessary to (d) FEDERAL SHARE.—The Federal share of Federal interest toward its share of project the cost of capital improvements under this reduce the adverse impacts identified in the costs, including direct costs associated with study conducted under subsection (a). section shall be 50 percent. obtaining permits necessary for the place- (e) AUTHORIZATION OF APPROPRIATIONS.— (c) IMPLEMENTATION REPORTS.—The Sec- ment of such project on public owned or con- retary shall transmit to Congress reports on There is authorized to be appropriated to trolled lands, but not to exceed 25 percent of carry out this section $10,000,000. the operation of the Pensacola Dam, includ- total project costs. ing data on and a description of releases in SEC. 558. NEW YORK CITY WATERSHED. (4) OPERATION AND MAINTENANCE.—Oper- (a) ESTABLISHMENT.— anticipation of flooding (referred to as ation and maintenance costs for projects preoccupancy releases), and the implementa- (1) IN GENERAL.—The Secretary shall estab- constructed with assistance provided under lish a program for providing environmental tion of this section. The first of such reports this section shall be 100 percent non-Federal. shall be transmitted not later than 2 years assistance to non-Federal interests in the (f) APPLICABILITY OF OTHER FEDERAL AND after the date of the enactment of this Act. New York City Watershed. STATE LAWS.—Nothing in this section shall (d) AUTHORIZATION OF APPROPRIATIONS.— (2) FORM.—Assistance provided under this be construed to waive, limit, or otherwise af- (1) IN GENERAL.—There is authorized to be section may be in the form of design and fect the applicability of any provision of appropriated to carry out this section construction assistance for water-related en- Federal or State law that would otherwise $25,000,000 for fiscal years beginning after vironmental infrastructure and resource pro- apply to a project carried out with assist- September 30, 1996. tection and development projects in the New ance provided under this section. (2) MAXIMUM FUNDING FOR STUDY.—Of York City Watershed, including projects for (g) REPORT.—Not later than December 31, water supply, storage, treatment, and dis- 2000, the Secretary shall transmit to Con- amounts appropriated to carry out this sec- tribution facilities, and surface water re- gress a report on the results of the program tion, not to exceed $1,500,000 shall be avail- source protection and development. carried out under this section, together with able for carrying out the study under sub- (b) PUBLIC OWNERSHIP REQUIREMENT.—The recommendations concerning whether such section (a). Secretary may provide assistance for a program should be implemented on a na- SEC. 562. BROAD TOP REGION OF PENNSYLVANIA. project under this section only if the project tional basis. Section 304 of the Water Resources Devel- is publicly owned. (h) NEW YORK CITY WATERSHED DEFINED.— opment Act of 1992 (106 Stat. 4840) is amend- (c) ELIGIBLE PROJECTS.— For purposes of this section, the term ‘‘New ed— (1) CERTIFICATION.—A project shall be eligi- York City Watershed’’ means the land area (1) by striking subsection (b) and inserting ble for financial assistance under this sec- within the counties of Delaware, Greene, the following: July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8723

‘‘(b) COST SHARING.—The Federal share of (1) ASSISTANCE.—The Secretary is author- source protection and development projects the cost of the activities conducted under ized to provide technical, design, construc- in southeastern Pennsylvania, including the cooperative agreement entered into tion, and financial assistance for measures projects for waste water treatment and re- under subsection (a) shall be 75 percent. The for the improvement and restoration of lated facilities, water supply, storage, treat- non-Federal share of project costs may be aquatic habitats and aquatic resources at ment, and distribution facilities, and surface provided in the form of design and construc- Pennypack Park, Philadelphia, Pennsylva- water resource protection and development. tion services and other in-kind work pro- nia. (b) PUBLIC OWNERSHIP REQUIREMENT.—The vided by the non-Federal interests, whether (2) COOPERATION AGREEMENTS.—In provid- Secretary may provide assistance for a occurring subsequent to, or within 6 years ing assistance under this subsection, the project under this section only if the project prior to, entering into an agreement with Secretary shall enter into cooperation agree- is publicly owned. the Secretary. Non-Federal interests shall ments with the city of Philadelphia, acting (c) LOCAL COOPERATION AGREEMENTS.— receive credit for grants and the value of through the Fairmount Park Commission. (1) IN GENERAL.—Before providing assist- work performed on behalf of such interests (3) FUNDING.—There is authorized to be ap- ance under this section, the Secretary shall by State and local agencies.’’; and propriated for fiscal years beginning after enter into a local cooperation agreement (2) in subsection (c) by striking ‘‘$5,500,000’’ September 30, 1996, $15,000,000 to carry out with a non-Federal interest to provide for de- and inserting ‘‘$11,000,000’’. this subsection. sign and construction of the project to be carried out with such assistance. SEC. 563. CURWENSVILLE LAKE, PENNSYLVANIA. (e) FRANKFORD DAM.— (2) REQUIREMENTS.—Each local cooperation The Secretary shall modify the allocation (1) COOPERATION AGREEMENTS.—The Sec- agreement entered into under this sub- of costs for the water reallocation project at retary shall enter into cooperation agree- section shall provide for the following: Curwensville Lake, Pennsylvania, to the ex- ments with the city of Philadelphia, Penn- (A) PLAN.—Development by the Secretary, tent that the Secretary determines that such sylvania, acting through the Fairmount in consultation with appropriate Federal and reallocation will provide environmental res- Park Commission, to provide assistance for State officials, of a facilities or resource pro- toration benefits in meeting in-stream flow the elimination of the Frankford Dam, the tection and development plan, including ap- needs in the Susquehanna River basin. replacement of the Rhawn Street Dam, and modifications to the Roosevelt Dam and the propriate engineering plans and specifica- SEC. 564. HOPPER DREDGE MCFARLAND. tions. (a) PROJECT AUTHORIZATION.—The Sec- Verree Road Dam. (B) LEGAL AND INSTITUTIONAL STRUC- retary is authorized to carry out a project at (2) FUNDING.—There is authorized to be ap- propriated for fiscal years beginning after TURES.—Establishment of each such legal the Philadelphia Naval Shipyard, Pennsylva- and institutional structures as are necessary nia, to make modernization and efficiency September 30, 1996, $900,000, to carry out this subsection. to assure the effective long-term operation improvements to the hopper dredge McFar- of the project by the non-Federal interest. land. SEC. 566. UPPER SUSQUEHANNA RIVER BASIN, (3) COST SHARING.— (b) REQUIREMENTS.—In carrying out the PENNSYLVANIA AND NEW YORK. (A) IN GENERAL.—Total project costs under project under subsection (a), the Secretary (a) STUDY AND STRATEGY DEVELOPMENT.— each local cooperation agreement entered shall— The Secretary, in cooperation with the Sec- into under this subsection shall be shared at (1) determine whether the McFarland retary of Agriculture, the State of Penn- 75 percent Federal and 25 percent non-Fed- should be returned to active service or the sylvania, and the State of New York, shall eral. The non-Federal interest shall receive reserve fleet after the project is completed; conduct a study, and develop a strategy, for credit for the reasonable costs of design and using wetland restoration, soil and water work completed by such interest prior to en- (2) establish minimum standards of dredg- conservation practices, and nonstructural tering into a local cooperation agreement ing service to be met in areas served by the measures to reduce flood damages, improve with the Secretary for a project. The credit McFarland while the drydocking is taking water quality, and create wildlife habitat in for such design work shall not exceed 6 per- place. the following portions of the Upper Susque- cent of the total construction costs of the (c) AUTHORIZATION OF APPROPRIATIONS.— hanna River basin: project. The Federal share may be in the There is authorized to be appropriated to (1) the Juniata River watershed, Penn- form of grants or reimbursements of project carry out this section $20,000,000 for fiscal sylvania, at an estimated Federal cost of costs. years beginning after September 30, 1996. $15,000,000; and (B) INTEREST.—In the event of delays in the SEC. 565. PHILADELPHIA, PENNSYLVANIA. (2) the Susquehanna River watershed up- stream of the Chemung River, New York, at funding of the non-Federal share of a project (a) WATER WORKS RESTORATION.— that is the subject of an agreement under (1)) IN GENERAL.—The Secretary shall pro- an estimated Federal cost of $10,000,000. (b) NON-FEDERAL SHARE.—The non-Federal this section, the non-Federal interest shall vide planning, design, and construction as- receive credit for reasonable interest in- sistance for the protection and restoration of share of the cost of the study and develop- ment of the strategy shall be 25 percent and curred in providing the non-Federal share of the Philadelphia, Pennsylvania Water a project’s cost. Works. may be provided through in-kind services and materials. (C) LANDS, EASEMENTS, AND RIGHTS-OF-WAY (2) COORDINATION.—In providing assistance CREDIT.—The non-Federal interest shall re- under this subsection, the Secretary shall (c) COOPERATION AGREEMENTS.—In conduct- ing the study and developing the strategy ceive credit for lands, easements, rights-of- coordinate with the Fairmount Park Com- way, and relocations toward its share of mission and the Secretary of the Interior. under this section, the Secretary shall enter into cooperation agreements to provide fi- project costs, including all reasonable costs (3) FUNDING.—There is authorized to be ap- associated with obtaining permits necessary propriated to carry out this subsection nancial assistance to appropriate Federal, State, and local government agencies, in- for the construction, operation, and mainte- $1,000,000 for fiscal years beginning after Sep- nance of such project on publicly owned or tember 30, 1996. cluding activities for the implementation of wetland restoration projects and soil and controlled lands, but not to exceed 25 percent (b) COOPERATION AGREEMENT FOR SCHUYL- of total project costs. KILL NAVIGATION CANAL.— water conservation measures. (d) IMPLEMENTATION.—The Secretary shall (D) OPERATION AND MAINTENANCE.—Oper- (1) IN GENERAL.—The Secretary shall enter ation and maintenance costs for projects into a cooperation agreement with the city undertake development and implementation of the strategy authorized by this section in constructed with assistance provided under of Philadelphia, Pennsylvania, to participate this section shall be 100 percent non-Federal. in the operation, maintenance, and rehabili- cooperation with local landowners and local government officials. (d) APPLICABILITY OF OTHER FEDERAL AND tation of the Schuylkill Navigation Canal at STATE LAWS.—Nothing in this section shall Manayunk. SEC. 567. SEVEN POINTS VISITORS CENTER, be construed as waiving, limiting, or other- RAYSTOWN LAKE, PENNSYLVANIA. (2) LIMITATION ON FEDERAL SHARE.—The wise affecting the applicability of any provi- (a) IN GENERAL.—The Secretary shall con- Federal share of the cost of the operation, sion of Federal or State law which would struct a visitors center and related public maintenance, and rehabilitation under para- otherwise apply to a project to be carried out use facilities at the Seven Points Recreation graph (1) shall not exceed $300,000 annually. with assistance provided under this section. Area at Raystown Lake, Pennsylvania, gen- (3) AREA INCLUDED.—For purposes of this (e) REPORT.—Not later than December 31, subsection, the Schuylkill Navigation Canal erally in accordance with the Master Plan 1998, the Secretary shall transmit to Con- includes the section approximately 10,000 Update (1994) for the Raystown Lake Project. gress a report on the results of the pilot pro- feet long extending between Lock and Foun- (b) AUTHORIZATION OF APPROPRIATIONS.— gram carried out under this section, together tain Streets, Philadelphia, Pennsylvania. There is authorized to be appropriated to with recommendations concerning whether (c) SCHUYLKILL RIVER PARK.— carry out this section $2,500,000. or not such program should be implemented (1) ASSISTANCE.—The Secretary is author- SEC. 568. SOUTHEASTERN PENNSYLVANIA. on a national basis. ized to provide technical, planning, design, (a) ESTABLISHMENT OF PROGRAM.—The Sec- (f) SOUTHEASTERN PENNSYLVANIA DE- and construction assistance for the Schuyl- retary shall establish a pilot program for FINED.—For purposes of this section, the kill River Park, Philadelphia, Pennsylvania. providing environmental assistance to non- term ‘‘Southeastern Pennsylvania’’ means (2) FUNDING.—There is authorized to be ap- Federal interests in southeastern Pennsylva- Philadelphia, Bucks, Chester, Delaware, and propriated $2,700,000 to carry out this sub- nia. Such assistance may be in the form of Montgomery Counties, Pennsylvania. section. design and construction assistance for water- (g) AUTHORIZATION OF APPROPRIATIONS.— (d) PENNYPACK PARK.— related environmental infrastructure and re- There is authorized to be appropriated to H8724 CONGRESSIONAL RECORD — HOUSE July 30, 1996 carry out this section $25,000,000 for fiscal $1,200,000, with an estimated Federal cost of subsection from pursuing alternative options years beginning after September 30, 1996. $900,000 and an estimated non-Federal cost of regarding ownership, operation, mainte- Such sums shall remain available until ex- $300,000. Congress finds that in view of the nance, and management of the Washington pended. historic preservation benefits resulting from Aqueduct. SEC. 569. WILLS CREEK, HYNDMAN, PENNSYLVA- the project authorized by this section, the (b) PROGRESS REPORT AND PLAN.—Not later NIA. overall benefits of the project exceed the than 1 year after the date of the enactment The Secretary shall carry out a project for costs of the project. of this Act, the Secretary shall transmit to flood control, Wills Creek, Borough of SEC. 577. HARRIS COUNTY, TEXAS. the Committee on Environment and Public Hyndman, Pennsylvania, at an estimated (a) IN GENERAL.—During any evaluation of Works of the Senate and the Committee on total cost of $5,000,000. For purposes of sec- economic benefits and costs for projects set Transportation and Infrastructure of the tion 209 of the Flood Control Act of 1970 (84 forth in subsection (b) that occurs after the House of Representatives a report on the Stat. 1829), benefits attributable to the na- date of the enactment of this Act, the Sec- progress in achieving the objectives of sub- tional economic development objectives set retary shall not consider flood control works section (a) and a plan for the transfer of own- ership, operation, maintenance, and manage- forth in such section shall include all pri- constructed by non-Federal interests within ment of the Washington Aqueduct to a non- mary, secondary, and tertiary benefits at- the drainage area of such projects prior to Federal public or private entity. Such plan tributable to the flood control project au- the date of such evaluation in the determina- shall include a transfer of ownership, oper- thorized by this section regardless of to tion of conditions existing prior to construc- ation, maintenance, and management of the whom such benefits may accrue. tion of the project. Washington Aqueduct that is consistent with (b) SPECIFIC PROJECTS.—The projects to SEC. 570. BLACKSTONE RIVER VALLEY, RHODE IS- the provisions of this section and a detailed LAND AND MASSACHUSETTS. which subsection (a) apply are— consideration of any proposal to transfer (a) IN GENERAL.—The Secretary, in coordi- (1) the project for flood control, Buffalo such ownership or operation, maintenance, nation with Federal, State, and local inter- Bayou and Tributaries, Texas, authorized by or management to a private entity. ests, shall provide technical, planning, and section 101(a) of the Water Resources Devel- (c) TRANSFER.— design assistance in the development and opment Act of 1990 (104 Stat. 4610); (1) IN GENERAL.—Not later than 2 years restoration of the Blackstone River Valley (2) the project for flood control, Cypress after the date of the enactment of this Act, National Heritage Corridor, Rhode Island, Creek, Texas, authorized by section 3(a)(13) the Secretary shall transfer, without consid- and Massachusetts. of the Water Resources Development Act of eration but subject to such terms and condi- (b) FEDERAL SHARE.—Funds made available 1988 (102 Stat. 4014); and tions as the Secretary considers appropriate under this section for planning and design of (3) the project for flood control, Buffalo to protect the interests of the United States a project may not exceed 75 percent of the Bayou Basin, authorized by section 203 of the and the non-Federal public water supply cus- total cost of such planning and design. Flood Control Act of 1954 (68 Stat. 1258). tomers, all right, title, and interest of the SEC. 571. EAST RIDGE, TENNESSEE. SEC. 578. PIERCE COUNTY, WASHINGTON. United States in the Washington Aqueduct, The Secretary shall review the flood man- (a) TECHNICAL ASSISTANCE.—The Secretary its real property, facilities, equipment, sup- agement study for the East Ridge and Hamil- shall provide technical assistance to Pierce plies, and personalty— ton County area undertaken by the Ten- County, Washington, to address measures (A) to a non-Federal public or private en- nessee Valley Authority and shall carry out that are necessary to assure that non-Fed- tity established pursuant to subsection (a); the project at an estimated total cost of eral levees are adequately maintained and or $25,000,000. satisfy eligibility criteria for rehabilitation (B) in the event no entity is established SEC. 572. MURFREESBORO, TENNESSEE. assistance under section 5 of the Act entitled pursuant to subsection (a), a non-Federal The Secretary shall carry out a project for ‘‘An Act authorizing the construction of cer- public or private entity selected by the Sec- environmental enhancement, Murfreesboro, tain public works on rivers and harbors for retary which reflects, to the extent possible, Tennessee, in accordance with the Report flood control, and for other purposes’’, ap- a consensus among the non-Federal public and Environmental Assessment, Black Fox, proved August 18, 1941 (33 U.S.C. 701n; 55 water supply customers. Murfree and Oaklands Spring Wetlands, Stat. 650). Such assistance shall include a re- (2) TRANSFEREE SELECTION CRITERIA.—The Murfreesboro, Rutherford County, Ten- view of the requirements of the Puyallup selection of a non-Federal public or private nessee, dated August 1994. Tribe of Indians Settlement Act of 1989 (Pub- entity under paragraph (1)(B) shall be based lic Law 101–41) and standards for project SEC. 573. BUFFALO BAYOU, TEXAS. on technical, managerial, and financial capa- maintenance and vegetation management The non-Federal interest for the projects bilities and on consultation with the non- used by the Secretary to determine eligi- for flood control, Buffalo Bayou Basin, Federal public water supply customers and bility for levee rehabilitation assistance Texas, authorized by section 203 of the Flood after opportunity for public input. with a view toward amending such standards Control Act of 1954 (68 Stat. 1258), and Buf- (3) ASSUMPTION OF RESPONSIBILITIES.—The as needed to make non-Federal levees eligi- falo Bayou and tributaries, Texas, author- entity to whom transfer under paragraph (1) ble for assistance that may be necessary as a ized by section 101 of the Water Resources is made shall assume full responsibility for result of future flooding. Development Act of 1990 (104 Stat. 4610), may performing and financing the operation, (b) LEVEE REHABILITATION.—The Secretary be reimbursed by up to $5,000,000 or may re- maintenance, repair, replacement, rehabili- shall expedite a review to determine the ex- ceive a credit of up to $5,000,000 against re- tation, and necessary capital improvements tent to which requirements of the Puyallup quired non-Federal project cost-sharing con- of the Washington Aqueduct so as to ensure Tribe of Indians Settlement Act of 1989 lim- tributions for work performed by the non- the continued operation of the Washington ited the ability of non-Federal interests to Federal interest at each of the following lo- Aqueduct consistent with its intended pur- adequately maintain existing non-Federal cations if such work is compatible with the pose of providing an uninterrupted supply of levees that were damaged by flooding in 1995 following authorized projects: White Oak potable water sufficient to meet the current and 1996 and, to the extent that such ability Bayou, Brays Bayou, Hunting Bayou, Gar- and future needs of the Washington Aque- was limited by such Act, the Secretary shall ners Bayou, and the Upper Reach on Greens duct service area. carry out the rehabilitation of such levees. Bayou. (4) EXTENSION.—Notwithstanding the 2- SEC. 579. WASHINGTON AQUEDUCT. year deadline established in paragraph (1), SEC. 574. SAN ANTONIO RIVER, TEXAS. (a) REGIONAL ENTITY.— the Secretary may provide a 1-time 6-month Notwithstanding the last sentence of sec- (1) IN GENERAL.—Congress encourages the extension of such deadline if the Secretary tion 215(a) of the Flood Control Act of 1968 non-Federal public water supply customers determines that the non-Federal public (42 U.S.C. 1962d–5(a)) and the agreement exe- of the Washington Aqueduct to establish a water supply customers are making progress cuted on November 7, 1992, by the Secretary non-Federal public or private entity, or to in establishing an entity pursuant to sub- and the San Antonio River Authority, Texas, enter into an agreement with an existing section (a) and that such an extension would the Secretary shall reimburse the San Anto- non-Federal public or private entity, to re- likely result in the establishment of such an nio River Authority an amount not to exceed ceive title to the Washington Aqueduct and entity. $5,000,000 for the work carried out by the Au- to operate, maintain, and manage the Wash- (d) INTERIM BORROWING AUTHORITY.— thority under the agreement, including any ington Aqueduct in a manner that ade- (1) IN GENERAL.—Subject to paragraph (2), amounts paid to the Authority under the quately represents all interests of such cus- there is authorized to be appropriated to the terms of the agreement before the date of tomers. Secretary for fiscal years 1997 and 1998 bor- the enactment of this Act. (2) CONSENT OF CONGRESS.—Congress grants rowing authority in amounts sufficient to SEC. 575. NEABSCO CREEK, VIRGINIA. consent to the jurisdictions which are cus- cover those obligations which the Army The Secretary shall carry out a project for tomers of the Washington Aqueduct to estab- Corps of Engineers is required to incur in flood control, Neabsco Creek Watershed, lish a non-Federal entity to receive title to carrying out capital improvements during Prince William County, Virginia, at an esti- the Washington Aqueduct and to operate, such fiscal years for the Washington Aque- mated total cost of $1,500,000. maintain, and manage the Washington Aque- duct to assure its continued operation until SEC. 576. TANGIER ISLAND, VIRGINIA. duct. such time as the transfer under subsection The Secretary is directed to design and (3) LIMITATION ON STATUTORY CONSTRUC- (c) has taken place, provided that such construct a breakwater at the North Channel TION.—Nothing in this subsection shall pre- amounts do not exceed $16,000,000 for fiscal on Tangier Island, Virginia, at a total cost of clude the jurisdictions referred to in this year 1997 and $54,000,000 for fiscal year 1998. July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8725

(2) TERMS AND CONDITIONS.—The borrowing ondary, and tertiary benefits attributable to exceed 50 percent of the costs of the nec- authority under paragraph (1) shall be pro- the flood damage reduction program author- essary fixed and movable equipment for a vided to the Secretary by the Secretary of ized by this section regardless to whomever National Center for Nanofabrication and Mo- the Treasury under such terms and condi- they might accrue. lecular Self-Assembly to be located in tions as the Secretary of the Treasury deter- (d) AUTHORIZATION OF APPROPRIATIONS.— Evansville, Illinois. mines to be necessary in the public interest There is authorized to be appropriated to (b) TERMS AND CONDITIONS.—No financial and may be provided only after each of the carry out this section $20,000,000 for fiscal assistance may be provided under this sec- non-Federal public water supply customers years beginning after September 30, 1996. tion unless an application is made to the of the Washington Aqueduct has entered into SEC. 581. HUNTINGTON, WEST VIRGINIA. Secretary at such time, in such manner, and a contractual agreement with the Secretary The Secretary may enter into a coopera- containing or accompanied by such informa- to pay its pro rata share of the costs associ- tive agreement with Marshall University, tion as the Secretary may require. ated with such borrowing. Huntington, West Virginia, to provide tech- (c) AUTHORIZATION OF APPROPRIATIONS.— (3) IMPACT ON IMPROVEMENT PROGRAM.—Not nical assistance to the Center for Environ- There is authorized to be appropriated to later than 6 months after the date of the en- mental, Geotechnical and Applied Sciences. carry out this section $7,000,000 for fiscal actment of this Act, the Secretary, in con- SEC. 582. LOWER MUD RIVER, MILTON, WEST VIR- years beginning after September 30, 1996 . sultation with other Federal agencies, shall GINIA. SEC. 586. SENSE OF CONGRESS REGARDING ST. transmit to the Committee on Environment The Secretary shall review the watershed LAWRENCE SEAWAY TOLLS. and Public Works of the Senate and the plan and the environmental impact state- It is the sense of Congress that the Presi- Committee on Transportation and Infra- ment prepared for the Lower Mud River, Mil- dent should engage in negotiations with the structure of the House of Representatives a ton, West Virginia by the Natural Resources Government of Canada for the purposes of— report that assesses the impact of the bor- Conservation Service pursuant to the Water- (1) eliminating tolls along the St. Law- rowing authority provided under this sub- shed Protection and Flood Prevention Act rence Seaway system; and section on near-term improvement projects (16 U.S.C. 1001 et seq.) and shall carry out the (2) identifying ways to maximize the move- under the Washington Aqueduct Improve- project. ment of goods and commerce through the St. ment Program, work scheduled during fiscal SEC. 583. WEST VIRGINIA AND PENNSYLVANIA Lawrence Seaway. years 1997 and 1998, and the financial liabil- FLOOD CONTROL. SEC. 587. PRADO DAM, CALIFORNIA. ity to be incurred. (a) IN GENERAL.—The Secretary shall de- (a) SEPARABLE ELEMENT REVIEW.— (e) DEFINITIONS.—For purposes of this sec- sign and construct flood control measures in (1) REVIEW.—Not later than 6 months after tion, the following definitions apply: the Cheat and Tygart River Basins, West the date of the enactment of this Act, the (1) WASHINGTON AQUEDUCT.—The term Virginia, and the Lower Allegheny, Lower Secretary shall review, in cooperation with ‘‘Washington Aqueduct’’ means the Washing- Monongahela, West Branch Susquehana, and the non-Federal interest, the Prado Dam fea- ton Aqueduct facilities and related facilities Juanita River Basins, Pennsylvania, at a ture of the project for flood control, Santa owned by the Federal Government as of the level of protection sufficient to prevent any Ana River Mainstem, California, authorized date of the enactment of this Act, including future losses to these communities from by section 401(a) of the Water Resources De- the dams, intake works, conduits, and pump flooding such as occurred in January 1996, velopment Act of 1986 (100 Stat. 4113), with a stations that capture and transport raw but no less than 100 year level of protection. view toward determining whether the fea- water from the Potomac River to the (b) PRIORITY COMMUNITIES.— In implement- ture may be considered a separable element, Dalecarlia Reservoir, the infrastructure and ing this section, the Secretary shall give pri- as that term is defined in section 103(f) of appurtenances used to treat water taken ority to the communities of Parsons and such Act. from the Potomac River by such facilities to Rowlesburg, West Virginia, in the Cheat (2) MODIFICATION OF COST-SHARING REQUIRE- potable standards, and related water dis- River Basin and Bellington and Phillipi, MENT.—If the Prado Dam feature is deter- tributions facilities. West Virginia, in the Tygart River Basin, mined to be a separable element under para- (2) NON-FEDERAL PUBLIC WATER SUPPLY CUS- and Connellsville, Pennsylvania, in the graph (1), the Secretary shall reduce the non- TOMERS.—The term ‘‘non-Federal public Lower Monongahela River Basin, and Ben- Federal cost-sharing requirement for such water supply customers’’ means the District son, Hooversville, Clymer, and New Beth- feature in accordance with section 103(a)(3) of Columbia, Arlington County, Virginia, lehem, Pennsylvania, in the Lower Alle- of the Water Resources Development Act of and the city of Falls Church, Virginia. gheny River Basin, and Patton, Barnesboro, 1986 (33 U.S.C. 2213(a)(3)) and shall enter into SEC. 580. GREENBRIER RIVER BASIN, WEST VIR- Coalport and Spangler, Pennsylvania, in the a project cooperation agreement with the GINIA, FLOOD PROTECTION. West Branch Susquehanna River Basin, and non-Federal interest to reflect the modified (a) IN GENERAL.—The Secretary is directed Bedford, Linds Crossings, and Logan Town- cost-sharing requirement and to carry out to design and implement a flood damage re- ship in the Juniata River Basin. construction. duction program for the Greenbrier River (c) CONSIDERATIONS.—For purposes of sec- (b) DAM SAFETY ADJUSTMENT.—Not later Basin, West Virginia, in the vicinity of Dur- tion 209 of the Flood Control Act of 1970, ben- than 6 months after the date of the enact- bin, Cass, Marlinton, Renick, Ronceverte, efits attributable to the national economic ment of this Act, the Secretary shall deter- and Alderson as generally presented in the development objectives set forth in such sec- mine the estimated costs associated with District Engineer’s draft Greenbrier River tion shall include all primary, secondary, dam safety improvements that would have Basin Study Evaluation Report, dated July and tertiary benefits attributable to the been required in the absence of flood control 1994, to the extent provided under subsection flood control measures authorized by this improvements authorized for the Santa Ana (b) to afford those communities a level of section regardless of to whom such benefits River Mainstem project referred to in sub- protection against flooding sufficient to re- may accrue. section (a) and shall reduce the non-Federal duce future losses to these communities (d) AUTHORIZATION OF APPROPRIATIONS.— share for the Prado Dam feature of such from the likelihood of flooding such as oc- There is authorized to be appropriated to project by an amount equal to the Federal curred in November 1985, January 1996, and carry out this section $20,000,000 for fiscal share of such dam safety improvements, up- May 1996. years beginning after September 30, 1996. dated to current price levels. (b) FLOOD PROTECTION MEASURES.—The SEC. 584. EVALUATION OF BEACH MATERIAL. TITLE VI—EXTENSION OF EXPENDITURE flood damage reduction program referred to (a) IN GENERAL.—The Secretary and the in subsection (a) may include the following Secretary of the Interior shall evaluate pro- AUTHORITY UNDER HARBOR MAINTE- as the Chief of Engineers determines nec- cedures and requirements used in the selec- NANCE TRUST FUND essary and advisable in consultation with tion and approval of materials to be used in SEC. 601. EXTENSION OF EXPENDITURE AUTHOR- the communities referred to in subsection the restoration and nourishment of beaches. ITY UNDER HARBOR MAINTENANCE TRUST FUND. (a)— Such evaluation shall address the potential Paragraph (1) of section 9505(c) of the In- (1) local protection projects such as levees, effects of changing existing procedures and ternal Revenue Code of 1986 (relating to ex- floodwalls, channelization, small tributary requirements on the implementation of penditures from Harbor Maintenance Trust stream impoundments, and nonstructural beach restoration and nourishment projects Fund) is amended to read as follows: measures such as individual flood proofing; and on the aquatic environment. ‘‘(1) to carry out section 210 of the Water and (b) CONSULTATION.—In conducting the eval- (2) floodplain relocations and resettlement uation under this section, the Secretaries Resources Development Act of 1986 (as in ef- site developments, floodplain evacuations, shall consult with appropriate State agen- fect on the date of the enactment of the and a comprehensive river corridor and wa- cies. Water Resources Development Act of 1996),’’. tershed management plan generally in ac- (c) REPORT.—Not later than 6 months after The SPEAKER pro tempore. Pursu- cordance with the District Engineer’s draft the date of the enactment of this Act, the ant to the rule, the gentleman from Greenbrier River Corridor Management Secretaries shall transmit a report to Con- Pennsylvania [Mr. SHUSTER] and the Plan, Concept Study, dated April 1996. gress on their findings under this section. gentleman from Pennsylvania [Mr. (c) CONSIDERATIONS.—For purposes of sec- SEC. 585. NATIONAL CENTER FOR BORSKI] will each be recognized for 20 tion 209 of the Flood Control Act of 1970 (84 NANOFABRICATION AND MOLECU- Stat. 1829), benefits attributable to the na- LAR SELF-ASSEMBLY. minutes. tional economic development objectives set (a) IN GENERAL.—The Secretary is author- The Chair recognizes the gentleman forth therein shall include all primary, sec- ized to provide financial assistance for not to from Pennsylvania [Mr. SHUSTER]. H8726 CONGRESSIONAL RECORD — HOUSE July 30, 1996 Mr. SHUSTER. Mr. Speaker, I yield process and fulfilling our commitment Mr. BORSKI. Mr. Speaker, I yield myself such time as I may consume. to non-Federal project sponsors, most myself such time as I may consume. (Mr. SHUSTER asked and was given of whom had already committed sub- (Mr. BORSKI asked and was given permission to speak out of order.) stantial funds to projects. permission to revise and extend his re- BIPARTISAN COOPERATION CONTRIBUTED TO We conducted 4 days of hearings, re- marks.) AVERSION OF NATIONAL RAILROAD STRIKE ceiving testimony from over 90 wit- Mr. BORSKI. Mr. Speaker, it is a Mr. SHUSTER. Mr. Speaker, with the nesses, including numerous members of pleasure to join with Chairman SHU- Speaker’s permission I will first inform congress, the administration, project STER, Chairman BOEHLERT, and ranking the House of another matter of great sponsors, national water resources and member OBERSTAR in support of the importance to the country and to the environmental organizations, and Water Resources Act of 1996. Congress. State and local officials. I want to compliment Chairman SHU- With regard to the potential national The bill we bring to the floor today STER and Chairman BOEHLERT for the railroad strikes, as of early this morn- truly represents a fair and balanced totally fair and bipartisan manner in ing, labor and management have proposal. which this bill was drafted. reached agreement on all the outstand- Mr. Speaker, H.R. 3592 accomplishes The Transportation and Infrastruc- ing disputes, thereby averting the pos- three important objectives: ture Committee works best when we sibility of a shutdown and averting the First, it reflects the committee’s work together. need for congressional intervention. We continued commitment to improving I am pleased that this bill marks a are extremely pleased about this. the Nation’s water infrastructure. return to the bipartisan spirit that ex- The parties reached a voluntary Second, it responds to policy initia- isted in the past. agreement. The House and Senate, the tives to modernize Corps of Engineers The bill also demonstrates the Trans- White House, and the Department of activities and to achieve programmatic portation and Infrastructure Commit- Transportation made it very clear that reforms. tee’s continuing strong commitment to labor and management should work Third, and this is very important, it investment in the Nation’s infrastruc- out their differences on their own. takes advantage of Corps capabilities ture. They did that. Labor and management and recognizes evolving national prior- Harbor deepening, inland waterway deserve great credit for having done it. ities by expanding and creating new improvements and flood control are Here in the House, certainly the gen- authorities for protecting and enhanc- vital cornerstones of our Nation’s eco- tlewoman from New York, Ms. MOL- ing the environment. nomic vitality. INARI, the gentleman from Minnesota, In developing this bill, we have tried The ports of America are the doors Mr. OBERSTAR, and the gentleman from hard to be responsive to Members’ re- that link our Nation to billions of dol- West Virginia, Mr. WISE, worked dili- quests; however, in today’s tight fiscal lars of international trade. gently with us; in the Senate, Senators climate, we simply had to establish and In the Philadelphia area, our port KASSEBAUM and KENNEDY; with the adhere to reasonable criteria. For ex- supports 50,000 jobs—making a vital White House working very closely, Mr. ample, we adhered to the cost-sharing contribution to our regional economy. Panetta and Mr. Ickes, and indeed, the rules established in 1986. The 11,000 mile inland waterway sys- Secretary of Transportation, Mr. Pen˜ a. So we all worked together 6to In fact, in the area of flood control, tem provides vital transportation for present a united front. The bipartisan we have actually increased the non- bulk farm products and coal. effort created an environment in which Federal share for future projects. In It is essential that we continue to this agreement could be reached and a another area, dredging for navigation provide funding for port and inland wa- national rail strike averted. I thank projects, we have revised the rules to terway projects. the chairman for being able to make assure consistency and fairness in se- We are also proposing to continue the these comments on my time before we lecting methods for the disposal of expansion of the mission of the Corps move to the legislation before us dredged material. of Engineers to improvement of envi- today, the Water Resources Develop- Another criteria used in preparing ronmental infrastructure. ment Act of 1996. this legislation was the availability of We should be aggressive in using the Mr. Speaker, H.R. 3592, the Water Re- a Corps report. We have adhered to the talents and abilities of the Corps of En- sources Development Act of 1996, is a requirement that new projects have a gineers to meet our huge infrastruc- comprehensive authorization of the final Corps of Engineers report, or will ture needs. water resources programs of the Army have one within the next few months. We should also redirect the corps’ Corps of Engineers. It represents 4 This assures that projects that have program to address the infrastructure years of bipartisan effort to preserve undergone the Corps review process re- needs of our Nation’s metropolitan and develop the water infrastructure ceive top priority. areas. that is so vital to the Nation’s safety Is the bill perfect? Probably not. We In flood control, this bill makes im- and economic well-being. have heard concern about a handful of portant changes that I strongly sup- First, let me thank and congratulate provisions and intend to address those port. my colleagues on the Committee on as the bill progresses. There are some We have proposed to increase the re- Transportation and Infrastructure for differences between H.R. 3592 and its quirements for mitigation planning be- their vision and tireless efforts in help- Senate counterpart that must be re- fore structural flood control projects ing move this legislation. I want to solved. In addition, I understand that are built. give special thanks to Committee the administration, while generally An upgraded mitigation program will Ranking Member JIM OBERSTAR, Sub- supportive of our approach, will sug- save us money from start to finish. We committee Chairman SHERRY BOEH- gest some changes to the bill. will be able to reduce the cost of LERT, and Subcommittee Ranking Therefore, as we move forward with project construction and it is likely Member BOB BORSKI. Their leadership this important legislation, I intend to that we will reduce disaster relief and contributions have been outstand- work with all parties to assure that the costs. ing. final product reflects a balance of all We are also proposing an increase in H.R. 3592 is the end result of 4 years interests. the non-Federal cost sharing for flood of review and preparation. In the 103d H.R. 3592 is a strong bipartisan bill. control projects from the current mini- Congress, the House overwhelmingly It reflects balance in every sense of the mum of 25 percent to 35 percent. passed H.R. 4460, a bill that should have word and a responsible approach to de- This increase is a simple recognition become the Water Resources Develop- veloping water infrastructure, preserv- of our Federal budget situation. ment Act of 1994. Unfortunately, that ing and enhancing the environment, We have dwindling resources avail- bill did not become law, and for the and strengthening Federal, State, and able for these programs. first time since 1986, Congress was un- local partnerships. An increase in the local share will able to enact WRDA legislation. Mr. Speaker, I strongly urge my col- help spread Federal dollars to more During the 104th Congress, we com- leagues to support the bill, and I re- projects and will help FOCUS resources mitted to restoring certainty to the serve the balance of my time. on more worthy projects. July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8727 The administration proposed a 50 per- use the dredged material from the ship ocean dumping. These provisions will cent non-Federal share which would channel project to create over 4,000 allow our ports to be dredged without have done even more to spread scarce acres of additional marsh land to be threatening our ocean environment or Federal dollars and weed out poor qual- used in developing bird islands, boater our coastal economy. I would like to ity projects. destinations, and shoreline erosion thank my colleagues from new Jersey The 50 percent cost-share is some- projects. who are on the committee—and in par- thing to consider in the future. These beneficial uses have received ticular, BOB FRANKS and BOB At a hearing last year, I pointed out the very strong support of several key MENENDEZ—for their hard work and that we should be prepared for cuts in environmental groups in the Galveston support on this issue. the Corps of Engineers programs as Bay area. The port provisions in this bill will part of general spending reductions. The second provision allows certain take us a long way to getting out of Unfortunately, my prediction has be- flood control districts to carry out the ocean for dredged material disposal come a reality. flood control projects with far greater by providing for Federal/non-federal The inadequate 602(b) allocation for flexibility than ever before. The Harris cost-sharing of confined disposal facili- energy and water development appro- County Flood Control District will ties, it will open up the Harbor Mainte- priations shows the clear impact of the demonstrate to the Corps of Engineers nance Trust Fund for use on these dis- balanced budget. that it can design and construct flood posal facilities, it will allow for tipping We risk lasting, negative impacts on projects faster and cheaper when it is fees to be levied for use of these facili- our infrastructure investment pro- not burdened by Federal redtape. ties, it authorizes a much needed con- grams in the future. For too long, excessive Federal regu- fined disposal facility for the Port of We must work together on a biparti- lation has slowed the design and con- New York and New Jersey, and it reau- san basis to ensure that while we are struction of flood projects. Many Har- thorizes the ongoing sediment decon- getting our Federal fiscal house in ris County flood control projects cur- tamination technology demonstration order, programs to invest in critical in- rently in the design stage were first au- project for the Port of New York and frastructure needs are protected. thorized for study in the 1940’s. New Jersey. I hope to work with Chairman SHU- Bringing these projects to the local Mr. Speaker, I really do again want STER, Chairman BOEHLERT, and ranking level has the potential to save the Fed- to thank the committee, and the rank- member OBERSTAR in that effort in the eral Government hundreds of millions ing members and the chairman of both same bipartisan manner in which we of dollars. Without the unnecessary the full committee and subcommittee, drafted the Water Resources Develop- redtape, there can be greater efficiency for their support. This is a very impor- ment Act of 1996. and greater input from the affected tant bill for the State of New Jersey, I urge support for the bill. community. The result will be tax- and does a lot and goes a long way to- Mr. Speaker, I want to express my payer savings and projects being com- wards protecting our ocean environ- thanks to the people who really made pleted much more quickly. ment. this Bill Happen—Ken Kopocis, Art, Again, I strongly support this legisla- Mr. SHUSTER. Mr. Speaker, I am Chan, Barbara Rogers, and Pam Keller tion and urge my colleagues to support pleased to yield 1 minute to the distin- of the Democratic staff of the Water it, as well. guished gentleman from Illinois [Mr. Resources and Environment Sub- Mr. BORSKI. Mr. Speaker, I yield 2 WELLER]. committee, and Mike Strachn and the minutes to the distinguished gen- Mr. WELLER. I thank the chairman Republican staff of the subcommittee. tleman from New Jersey [Mr. of the committee for yielding time to Mr. Speaker, I reserve the balance of PALLONE]. me, Mr. Speaker. my time. Mr. PALLONE. Mr. Speaker, I thank Mr. Speaker, I rise in support of the Mr. SHUSTER. Mr. Speaker, I am the gentleman for yielding time to me. Water Resources Development Act, pleased to yield 2 minutes to the dis- Mr. Speaker, I rise in today in sup- 1996, which I note passed unanimously tinguished gentleman from Texas [Mr. port of the Water Resources Develop- with strong bipartisan support on the DELAY], the majority whip. ment Act of 1996 for very important Committee on Transportation and In- Mr. DELAY. Mr. Speaker, I rise in reasons: Shore protection and respon- frastructure. This legislation is essen- strong support of this legislation. sible disposal of contaminated dredged tial if we want to improve our Nation’s While this bill authorizes a number of materials. I would like to thank Chair- infrastructure by improving and pro- much needed projects to address infra- man SHUSTER Ranking Member JIM tecting our communities from flood structure needs and environmental res- OBERSTAR, Subcommittee Chairman problems and improve water infra- toration throughout the Nation, I am SHERRY BOEHLERT, and Ranking Mem- structure. This bipartisan bill will cre- particularly pleased with two provi- ber BOB BORSKI for their support on ate jobs, protect property, lives, and sions in this bill. these critical issues—issues that are protect the environment. One of these is the authorization of particularly important for my State, I do want to note that approximately funding to deepen and widen the Hous- New Jersey. one-fourth of the funding authorized in ton ship channel. These improvements Included as part of this bill is the this bill is directly related to preserv- are essential to the economic develop- Shore Protection Act, a bill sponsored ing and protecting the environment. ment not only of the region, but of the by CLAY SHAW and myself as the co- country generally. chairs of the Congressional Coastal b The Houston ship channel is a criti- Caucus. This bill will clarify and reaf- 1145 cal economic lifeline between our Na- firm the role of the Federal Govern- Mr. Speaker, I would like to speak tion and the rest of the world. The Port ment in shore protection, and—in par- very briefly about two provisions in of Houston draws cargo from every ticular—beach nourishment activities. this bill that are very important to my State in the Nation. It is the No. 1 U.S. Congress has repeatedly rejected the home State of Illinois and also to my port in foreign tonnage and the second administration policy to end Army congressional district, two provisions busiest in total tonnage. Corps participation inshore protection that will create jobs, protect property To remain competitive, however, the projects. By passing this bill, we are from flooding, and preserve the envi- ship channel must be improved to per- taking the additional step of actually ronment. mit faster, safer handling of cargo ves- mandating the Federal Government’s First, this bill authorizes a much sels. role in shore protection. And for that needed stormwater retention facility in The improvements authorized are reason, I am pleased to support this the village of Frankfort. The village also consistent with the port’s and my bill. experiences constant flooding of the enduring commitment to the environ- In addition, WRDA 1996 contains pro- intersections of two strategic regional ment. visions that are greatly significant to arterial highways following any signifi- By working with 13 Federal and the responsible disposal of contami- cant rain. Construction of this water State agencies, the port and the Corps nated dredged material, and by that I retention facility will greatly reduce of Engineers arrived at a plan that will mean disposal that does not include the flow rate during heavy rainfall. H8728 CONGRESSIONAL RECORD — HOUSE July 30, 1996 The second provision I would like to construction. Under this plan the Fed- structure Committee, was instrumen- touch on would provide for improve- eral Government would remain a part- tal in authorizing the shoreline protec- ments near lock 14 for future develop- ner in flood control but local govern- tion project, and I thank him as well. ment of a marina on the north side of ments would gain the authority to re- Mr. BORSKI. Mr. Speaker, I yield 2 the Illinois River, will bring jobs, pro- spond more quickly and innovatively minutes to the gentleman from West mote tourism, and promote recreation. to their community’s flood control Virginia [Mr. WISE], the distinguished Both projects have bipartisan support needs. Federal flood control policy ranking member of the Subcommittee locally. must adapt to increasing budgetary on Railroads. Mr. Speaker, I thank the chairman constraints without sacrificing public Mr. WISE. Mr. Speaker, I particu- for his help, and I ask for bipartisan safety and environmental protection. larly want to thank Chairman SHU- support for this important legislation. The bottom line will be safer commu- STER, ranking Member OBERSTAR, Mr. BORSKI. Mr. Speaker, I yield 2 nities and savings for the taxpayers. Chairman BOEHLERT, and ranking minutes to the gentleman from Texas I thank my colleagues for including Member BORSKI for getting this bill to [Mr. BENTSEN]. this in the bill, and I strongly urge all the floor and impressively getting it to (Mr. BENTSEN asked and was given my colleagues to support the bill. the floor in this fashion where it can permission to revise and extend his re- Mr. SHUSTER. Mr. Speaker, I yield 2 move without controversy and move. marks.) minutes to the distinguished gen- That is the important thing. Mr. BENTSEN. Mr. Speaker, I thank tleman from Illinois [Mr. FLANAGAN]. Mr. Speaker, this bill is about invest- the gentleman from Pennsylvania [Mr. Mr. FLANAGAN. Mr. Speaker, this is ment. It is about moving coal and SHUSTER], the chairman of the Com- a great day for America as well as a chemicals and commerce along our Na- mittee on Transportation and Infra- great day for the residents and busi- tion’s inland waterway system and structure, the gentleman from Min- nesses of the Chicagoland area. After through our ports. It is about providing nesota [Mr. OBERSTAR], ranking mem- nearly a decade of fruitless effort, both flood protection and preventing soil ber, the gentleman from New York [Mr. Houses of Congress are finally approv- erosion. Most important for West Virginia, BOEHLERT], subcommittee chairman, ing a plan to preserve and protect the this bill provides the authorization to and the gentleman from Pennsylvania Chicago lakefront which is in serious build the important Marmet locks, [Mr. BORSKI] for the opportunity to jeopardy of being washed away due to which are at the top of the priority list speak on this important legislation. the severe erosion of its protective sea- for the Army Corps of Engineers. It is Mr. Speaker, the Water Resources wall. about ending uncertainty for the al- Development Act is vital to thousands Included in this WRDA bill is an au- most 200 families in that area that of Americans that live along our Na- thorization for the Illinois Erosion have been waiting and waiting to see tion’s shores including those in my dis- Protection Project which will direct whether or not real estate acquisition trict. There are two important parts of the U.S. Army Corps of Engineers to and appraisal would begin. Not every- this bill I would like to recognize. The assist the city of Chicago in restoring 8 one supports the locks in the area but first is the Houston Ship Channel wid- miles of Lake Michigan shoreline. most understand that it is going to ening and dredging project which will The existing shoreline protection happen and the question is when. expand the capabilities of the Port of system was built between 1910 and 1930, Mr. Speaker, this bill is about giving Houston to meet the challenges of ex- and has outlived its design life by more the go to the Huntington District panding global trade and maintain its than 30 years. Significant deterioration Corps of Engineers to get under way competitive edge as a major inter- of the existing shore structures is obvi- and to get those engineers working national port. ous to those who live and work in that now and to get the real estate acquisi- This port brings $5 billion annually area or drive alone Chicago’s magnifi- tion project started as soon as possible. to our area, providing 200,000 jobs and cent Lake Shore Drive. It was only last week that this House will be important as it continues to ex- Mr. Speaker, Lake Shore Drive, a was not able to fund the real estate ac- pand. It also is important because of Federal highway—US 41—as well as a quisition because of the policy that the its environmental impact, which my major local expressway carrying traffic Committee on Appropriations had of colleague the gentleman from Texas to and from the center of the city, was not funding new starts, that is, con- [Mr. DELAY] spoke of which affects a victim of the deteriorating seawall struction starts that had not been au- Galveston Bay which part of is also in this past spring. thorized. This bill is the authorization. my district. On March 19th, high winds caused With this bill, that then gives the abil- This legislation also constructively Lake Michigan waters to overtop the ity to begin to seek the funding that is addresses the issue of Federal flood current deteriorated structures, flood- necessary. control polity reform. As Congress ing the drive and hurling chunks of the Mr. Speaker, with this authorization seeks to balance the budget, the scar- seawall onto the roadway. If the pro- bill that passes the House today, we city of Federal dollars for watershed tection project is not authorized, the now have to go and conference with the management threatens hundreds of Army Corps predicts partial failure of Senate and work out differences in projects in southeast Texas and around the structure supporting the shorelines that bill. Hopefully in September, we the country. by 1998. can conference with the Senate and we I greatly appreciate that the commit- According to a Chicago Tribune edi- can also then bring that bill back, get tee adopted legislative language pro- torial from this past April; ‘‘The sea- it approved and sent to the President posed by myself and the gentleman wall project, in which Chicago would and make it law before the Congress from Texas [Mr. DELAY], my fellow shoulder a third of the $200 million adjourns in October, and then we can Texan, the distinguished majority cost, has nothing to do with pork. It begin the process of seeking the fund- whip, which will give local agencies has everything to do with govern- ing. more control. ment’s responsibility to maintain pub- Mr. Speaker, this is an important Giving these agencies more control, lic-works infrastructure that is crucial bill, and I certainly appreciate those such as the Harris County Flood Con- to the well-being of its citizens.’’ that have made it possible. I know a trol District, with the ability to con- I am happy to report that today the lot of people in the Marmet and Belle struct these projects will save precious Federal Government will not shrink areas of West Virginia appreciate it, time and thus lives and property, cut from its responsibility. also. Federal costs, better protect the envi- Before I close, I want to take a mo- Mr. SHUSTER. Mr. Speaker, I yield 2 ronment, and reduce Federal disaster ment to express my appreciation to minutes to the distinguished gen- assistance needed to bail out commu- Chairman SHUSTER and Water Re- tleman from New Jersey [Mr. MARTINI]. nities in times of floods. sources Subcommittee Chairman BOEH- (Mr. MARTINI asked and was given This legislation is important because LERT for their help and leadership in permission to revise and extend his re- it designates three test sites in Harris guiding this bill to the floor. My Chi- marks.) County providing for local control over cago colleague, BILL LIPINSKI, a mem- Mr. MARTINI. I thank the gentleman project design, implementation, and ber of the Tramsportation and Infra- for yielding me this time. July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8729 Mr. Speaker, I rise in strong support that navigation accounts only for 1 A key part of this settlement will free up par- for the Water Resources Development percent of the economic benefit that cels of land that the city can use for economic Act of 1996. I want to thank the gen- flows from the uses of the Missouri development. tleman from Pennsylvania, Chairman River. It disregards flood control, This bill will give community leaders a SHUSTER, as well as the gentleman recreation, drinking water, power pro- chance to bring in family wage jobs and give from New York, Mr. BOEHLERT, chair- duction and wildlife, and our opposi- the people of Skamania County more hope. man of the Subcommittee on Water Re- tion is shared not just by the Northern In addition to creating new jobs, this bill will sources and Environment, who worked Plains Members but by this adminis- help keep the thousands of jobs supported by tirelessly to put together a fair and tration, by the American Rivers Group, international trade on the Columbia River. economically responsible bill. by the National Audubon Society, by This bill ensures that the Corps of Engi- This bill has carefully balanced the the National Wildlife Federation, by neers will maintain safe passage on the Co- interests of environmentalists with the Environmental Defense Fund, by lumbia by calling for aggressive maintenance those in the business community and the Sierra Club, by Friends of the work in the channel. provided the language that will enable Earth, by the Bass Angler Sportsmens If ports in cities like Vancouver, Kalama, our ports to once again flourish, our Society, the Western Association of and Longview, are going to remain competitive citizens to be protected from flooding; Fish and Wildlife Agencies and other internationally, they need the certainty that our environment to be protected and recreation, wildlife and conservation larger shipping vessels will be able to navigate our taxpayers’ dollars to be wisely and organizations. the Columbia River safely and efficiently. not frivolously spent. There is no doubt that this provision, I commend Chairman BOEHLERT and Chair- Mr. Speaker, I am also pleased to if it remains in place, would threaten man SHUSTER for their hard work on this bill state that this bill includes authorized water supply by mandating yearly and I urge my colleagues to support this legis- funds for a buyout alternative to the extra releases of water from upstream lation. Passaic River Flood Tunnel. In 1994 reservoirs, drawing down water re- Mr. SHUSTER. Mr. Speaker, I yield 2 when I ran for Congress I recognized serves needed in times of drought. It minutes to the distinguished gen- the importance of flood protection to would increase flood risks by mandat- tleman from Louisiana [Mr. TAUZIN]. the citizens of my district. In addition, ing releases of water in December after Mr. TAUZIN. Mr. Speaker, I thank I recognized that there must be a more the Missouri River is frozen. It will in- Chairman SHUSTER and his committee economical and environmentally sound crease power rates to western area for the excellent work they have done flood control alternative to a $1.9 bil- power administration users by lower- on this bill. I want to particularly call lion proposed flood tunnel with poten- ing water levels, especially during the to the chairman’s attention language tial negative effects on area wetlands winter, thus in turn lowering generat- in the bill that is extremely vital for and the existing ecosystems. ing capacity. It will be an environ- safety, health, hurricane protection, By authorizing $194 million for the mental disaster drawing down reservoir and environmental protection matters buyout alternative, we are taking levels, pose a threat to endangered and dealing with the Parish of Terrebonne great strides toward both flood protec- threatened species of native fisheries, in the heart of the Third District of tion for our citizens and environmental and, frankly, it will waste Federal re- Louisiana. Terrebonne in French protection for the Passaic River, while sources already devoted to the Master means good Earth. Yet it is threatened saving taxpayers money. Manual design. more and more every day by saltwater The bill also includes authorization This Congress would be better served intrusion. Parish residents’ safe drink- for the Molly Ann’s Brook flood protec- by allowing the Corps of Engineers to ing water has been threatened by rising tion project and I am pleased that the pursue their Master Manual, redesign a levels of salinity. Hurricane threats to committee treated this project with $23 million project rather than inter- the community have been largely accu- the urgency and priority that it de- vening legislative with no hearings, mulating as a result of damage and serves. with no public input on this major erosion to its coastal barriers and to Once again, Mr. Speaker, I extend my change in the management of the Mis- its coastal marshlands. One particular thanks to the chairman for his vigor- souri River. problem involves the Houma Naviga- ous activity in making this bill a good If this bill were not on this calendar, tion Canal which is a direct outlet to bill to come to the floor in a bipartisan I would be offering an amendment with the Gulf of Mexico. As salinity levels manner and urge my colleagues to sup- my colleagues. Since it is not, and no rush into this canal, some 200,000 acres port its passage. amendments are permitted, I want to of sensitive marshlands are being de- Mr. BORSKI. Mr. Speaker, I yield 3 share with my colleagues that we will stroyed and salinity levels are increas- minutes to the gentleman from South be working with the conference com- ingly putting at risk the drinking Dakota [Mr. JOHNSON]. water of the communities. (Mr. JOHNSON of South Dakota mittee very carefully to see to it that b asked and was given permission to re- this particular provision of this needed 1200 vise and extend his remarks.) legislation is in fact stricken and that My understanding is that this bill Mr. JOHNSON of South Dakota. Mr. the Missouri River management can be will allow the corps to separate from Speaker, there is a great deal about the conducted on the basis of science and its 3-to-5-year work on the entire Water Resources Development Act of proper management processes rather Morganza, LA, to the Gulf of Mexico 1996 which is excellent, which is a very than by arbitrary legislative effort. feasibility study the central issue of a positive constructive piece of legisla- Mr. SHUSTER. Mr. Speaker, I yield lock structure, which the corps has al- tion. I have to join my colleagues, how- such time as she may consume to the ready identified, under its reconnais- ever, the gentleman from Montana [Mr. gentlewoman from Washington [Mrs. sance and feasibility studies, as a nec- WILLIAMS] and the gentleman from SMITH]. essary feature in its overall plans; that North Dakota [Mr. POMEROY] in ex- (Mrs. SMITH of Washington asked will permit the independent study of pressing my very strong opposition to and was given permission to revise and this lock structure in the hopes of has- one particular provision within this extend her remarks.) tening its authorization and comple- bill which frankly makes a mockery of Mrs. SMITH of Washington. Mr. Speaker, I tion; and that this particular project the Missouri River management proc- rise in strong support of this legislation be- has been recommended not only by the ess that is currently taking place by cause it's going to create new jobs and eco- State of Louisiana but by the Federal the Corps of Engineers. nomic opportunity in Washington State's Third task force of the Coastal Wetlands Currently, Mr. Speaker, we are in the Congressional District. Planning and Protection Restoration midst of a 6-year, $23 million process in This bill includes a proposal that settles 20 Act, the Federal act designed to pro- rewriting the Master Manual for the years of controversy between the city of North tect those sensitive coastal wetlands. management of the Missouri River. De- Bonneville and the Federal Government. This It is my understanding that that lan- spite that, however, there is a provi- conflict started after the town was literally guage is included. Yet because the sion within this legislation which gives moved so that the Government could build a corps may not finish this independent priority to navigation, despite the fact powerhouse at the Bonneville Dam. study by December, the bill does not H8730 CONGRESSIONAL RECORD — HOUSE July 30, 1996 yet contain an authorization to pro- jams cause flooding ironically to the Mr. BORSKI. Mr. Speaker, I yield 2 ceed with this lock structure; is that areas of the very proponents of this minutes to the gentleman from Mon- correct, Mr. Chairman? measure. Missouri, Iowa, Nebraska, all tana [Mr. WILLIAMS]. Mr. SHUSTER. Mr. Speaker, will the would be hit with floods as a result of Mr. WILLIAMS. Mr. Speaker, I thank gentleman yield? this provision. the ranking member for yielding me Mr. TAUZIN. I yield to the gen- We need to work collectively and col- this time. tleman from Pennsylvania. laboratively in developing a plan for My colleagues, recognizing the im- Mr. SHUSTER. Mr. Speaker, I would the Missouri River, and that effort is portance of enacting a good Water Re- say to the gentleman that that is cor- underway locally right now. I have a sources Development Act and, sadly, rect. Certainly it is our intention to clipping quoting the Governor of Iowa recalling that this bill failed to pass pursue this vigorously to get the job opposing extending the navigation sea- into law in the last Congress, and I done as quickly as possible. son, even though he is a downstream want to see it pass this Congress, I Mr. TAUZIN. I would also assume interest, saying, ‘‘I hate to see this be- nonetheless take this opportunity that, if and when this independent come a legislative football. I think early on here to rely my objection to study is completed, as we expect it will there is enough other important issues language in this bill which would cre- be, that we will have the full coopera- for Congress to address.’’ ate an entirely inappropriate mandated tion of the chairman of the committee They are working and trying to re- intervention into the proper manage- in hastening the completion of this? solve locally these competing inter- ment of the Missouri-Mississippi sys- Mr. SHUSTER. That would certainly ests. We should not be preempting the tem. be my intention. upstream interests with a show of leg- I join my colleagues, the gentleman Mr. TAUZIN. I thank the chairman islative clout from downstream inter- from South Dakota [Mr. JOHNSON] and and appreciate his help on this. ests. That is simply not the way to the gentleman from North Dakota [Mr. Mr. BORSKI. Mr. Speaker, I yield 3 manage our Nation’s precious water is- POMEROY]. My objection as an up- minutes to the gentleman from North sues. stream Representative is very similar Dakota [Mr. POMEROY]. Finally, and of great concern, is the to theirs. Mr. POMEROY. Mr. Speaker, I thank fact that this poison pill does more This bill, we have been told, contains the gentleman for yielding me this than cause me heartburn. This poison congressional directive to the Army Corps of Engineers concerning the reg- time. pill threatens enactment of this legis- ulation of the Missouri’s main stem. As we have heard throughout this de- lation. We have assurances from the The Corps of Engineers is, as we have bate, this is an important bill. It ac- Senate that this provision will never heard, in the process of completing complishes a lot of good for many parts pass and, if it is insisted in the bill, the their plan for managing the main flow of the country. Unfortunately, this bill bill will never pass. Let us pull this of the Missouri. This is a 10-year plan. contains a poison pill relative to my provision out in conference committee They are in about their 6th year of it. part of the country, and that is the and enact this comprehensive very im- They are very carefully developing provision in this legislation that would portant water bill. that plan by balancing the needs of all direct the Corps of Engineers to extend Mr. SHUSTER. Mr. Speaker, I yield 1 the users along the main stem of the navigation on the Missouri River by 1 minute to the distinguished gentleman Missouri. Now along comes this legisla- month. from Ohio [Mr. LATOURETTE]. tion and, through a kind of a midnight The management of our Nation’s riv- Mr. LATOURETTE. Mr. Speaker, I slam dunk of language, we insert the ers is a complex thing. The more exper- thank the gentleman for yielding me mandate that upsets what the Corps of tise we get on this issue, the more we this time. Engineers has spent all this time and begin to understand just how complex I rise today in the strongest support money trying to do, and that is balance it is. The Corps of Engineers, in fact, of the Water Resources Development the uses of the Missouri. are looking at the management issues Act of 1996. On behalf of the people that If this bill became law as is, it would attendant to the management of the I represent back in Ohio, I want to mandate, against the objections of the Missouri River and will end up invest- commend the gentleman from Penn- Corps, a late release of water down- ing nearly 10 years in a revision man- sylvania, Chairman SHUSTER, and stream from the upstream reservoirs, ual effort, an effort that will cost up to chairman of our subcommittee, the which is greater than the Corps now $24.5 million. By exhaustive hearings gentleman from New York, Congress- things should be done. and research, they will weigh and come man BOEHLERT, and also the ranking If that late release of water goes for- out with a product that ultimately di- members of our fine committee, the ward, it will threaten water supply in rects the management of this river. gentleman from Minnesota, Congress- the upstream States in a drought year. Now, we are all frustrated that this man OBERSTAR, and the gentleman It will increase flood risks in the very process has taken so long. Upstream is from Pennsylvania, Mr. BORSKI, for critical downstream States. It is likely frustrated, downstream is frustrated. making this a truly bipartisan bill that to raise the power rates of consumers But the way the downstream interests we can all be proud of. who use WAPA. And finally, it will are reacting to their frustration is just This bill is good for the water re- threaten species and native fisheries. to direct with legislative language a sources of the Nation, it is good for the That is probably why most of the management priority for navigation environment, and for the Great Lakes major conservation groups in this and extend it 1 month while we are at it is great. Many of the ports and har- country are opposing this language in it. It is not that simple. bors within the Great Lakes are suffer- this bill. That directive would shortchange ing from light loading problems, where I urge my colleagues to agree in con- and injure a variety of upstream inter- because of our inability to open late, ference with the Senate to take this ests, including irrigation, hydropower, dispose of dredge spoils, contaminated language out. municipal water supply, and flood con- and otherwise, we have a situation that Mr. SHUSTER. Mr. Speaker, I yield 2 trol. The economic interests in com- makes our ports and harbors non- minutes to the distinguished gen- parison do not even compare, $1 billion competitive. tleman from Tennessee [Mr. WAMP], of economic activity from the collec- The environmental dredging section vice chairman of the subcommittee. tion of upstream interests compared to of this particular bill will again allow (Mr. WAMP asked and was given per- the $10 million directly related to the Great Lakes’ ports and harbors to mission to revise and extend his re- downstream navigation. be competitive for areas like Eastlake marks.) It is not simply an upstream-down- and Ashtabula and also the City of Mr. WAMP. Mr. Speaker, I thank the stream deal. In fact, downstream inter- Cleveland, OH. chairman and all those involved from ests are injured as well by this provi- I thank the chair and committee for both sides of the aisle on a job well sion. The fact is when we extend navi- bringing this bill forward today in this done. gation on the Missouri through the manner, and I would urge every Mem- As the vice chairman of the Sub- month of December, we get freeze-up, ber of this House to vote in favor of its committee on Water Resources and En- and freeze-up causes ice jams, and ice passage. vironment, I strongly encourage our July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8731 colleagues to support the Water Re- I certainly will work with all Mis- corps. The corps has done so much to sources Development Act and remind souri River interests to bring this mat- increase the yield of our Nation by the our colleagues that behind the national ter to resolution. water resources development that it defense of our country, as our ranking Mr. BORSKI. Mr. Speaker, I appre- undertakes in the navigation, the locks member, the gentleman from Min- ciate the assurances of the chairman. and dams, the ports, the harbors, the nesota [Mr. OBERSTAR] so eloquently This is an important bill to many riverways, and we advance that cause reminds us on the Committee on Members of the body. Many of us were with all of the many provisions that we Transportation and Infrastructure, this disappointed when the 1994 Water Re- bring together in this legislation. was the second function of the Federal sources Development Act stalled in the For flood control we raise a mini- Government, to meet the basic infra- Senate, in part over disputes between mum non-Federal share from 25 to 35 structure needs of a thankful nation. upstream and downstream Missouri percent. And to help communities in The natural disasters that we have, River interests. the transition, we applied the new min- flooding, bank stabilization along our The Senate bill contains no provision imum only prospectively. I think that riverways and waterways. Very essen- to extend Missouri River navigation. It is a reasonable and responsible prudent tial function of our Federal Govern- is my sincere desire that such disputes step to undertake. ment. do not prevent passage of the 1996 b 1215 Many of these needs are met by the water resources bill. Army Corps of Engineers. Ladies and Mr. SHUSTER. Mr. Speaker, if the We also deal with the matter of gentlemen, my father wore the castles gentleman will continue to yield, I dredged disposal material from the of the Army Corps of Engineers on his thank him and the other gentlemen Great Lakes by providing for cost shar- lapels. They do good work and we are who have spoken on this issue for ing and confined disposal facilities vi- grateful for their service. The Water bringing their concerns to our atten- tally important for this one-fifth of all Resources Development Act meets real tion. We will certainly take all of the the fresh water on the face of the Earth needs in real people’s lives all across interested parties’ concerns into con- to provide this protection. There are the country. sideration as the bill progresses. Let many other provisions in this legisla- Earlier this year I held a field hear- me assure all of the parties that we in- tion. ing in northeastern Oklahoma, where tend to resolve this important issue in Suffice it to say, this is one of the Kansas and Oklahoma and Missouri all a mutually agreeable manner. finest bills our committee has ever meet. This bill meets real needs in that Mr. BORSKI. Mr. Speaker, I yield the brought forward. I urge its adoption by part of the world, in my part of the balance of my time to the distin- the House and express my fervent hope world, in the Southeastern United guished gentleman from Minnesota, that the other body will concur with us States. This is one of those critical [Mr. OBERSTAR], the ranking member and bring this legislation to the Presi- functions that we are here to deliver to of the Committee on Transportation dent’s desk for signature as soon as the people and they are waiting for this and Infrastructure. possible. bill. Many people. (Mr. OBERSTAR asked and was given Mr. SHUSTER. Mr. Speaker, I yield Let us come together today with an permission to revise and extend his re- myself such time as I may consume. overwhelming show of support. This marks.) Mr. Speaker, I particularly want to bill will save money. I encourage my Mr. OBERSTAR. Mr. Speaker, I want recognize the staff who made such a colleagues to have an impact on the to thank the gentleman from Penn- great contribution to this legislation people that we are elected to represent. sylvania [Mr. BORSKI] on our side for and the senior staff on both sides of the Vote yes enthusiastically for WRDA. the splendid work he has done over aisle: Mike Strachn, Lee Forsgren, Ken Mr. BORSKI. Mr. Speaker, I yield many, many months in crafting this Kopocis, and Art Chan, as well as the myself 30 seconds. other staff who really performed in an Mr. Speaker, I rise to discuss with bill, and the gentleman from New York outstanding manner. the chairman of the committee an [Mr. BOEHLERT] for the work that he Mr. Speaker, I yield the balance of issue of great importance concerning a has contributed, of course to our full my time to the distinguished gen- provision in this bill to extend the committee chairman, the gentleman tleman from New York [Mr. BOEH- navigation season on the Missouri from Pennsylvania [Mr. SHUSTER], for LERT], chairman of the Subcommittee River. As my three preceding col- bringing about a truly inclusive proc- on Water Resources and Environment. leagues on this side of the aisle have ess to bring us to this point where we The SPEAKER pro tempore (Mr. said, extending navigation and drawing can bring this massive bill for the first time in my recollection on the suspen- EWING). The gentleman from New York down the reservoirs in the upper Mis- 1 sissippi basin have the potential to sion calendar on the House floor. [Mr. BOEHLERT] is recognized for 3 ⁄2 negatively impact irrigation, drinking I would also like to express great ap- minutes. water, recreation, and hydropower uses preciation to the staff members on (Mr. BOEHLERT asked and was given of the river. both sides, without mentioning names, permission to revise and extend his re- I am concerned this particular provi- because I will certainly forget some- marks.) sion was inserted in the bill without body. They have really worked hard Mr. BOEHLERT. Mr. Chairman, let the benefit of a hearing or comment and carried the burden of this very me begin by thanking the gentleman with upstream Missouri River inter- complex legislation. from Pennsylvania [Mr. SHUSTER] and ests. I seek the assurances of the chair- Most of the cities, the great cities of the gentleman from Minnesota [Mr. man that as we work through the con- our country, are cities because they OBERSTAR], ranking minority member, ference he will be open to the concerns were ports. They started out as ports. for their significant input into this leg- of the upper basin States. Seventy-five percent of the population islative process. And, Mr. Speaker, to Mr. SHUSTER. Mr. Speaker, will the of our Nation lives along the water. We the gentleman from Pennsylvania [Mr. gentleman yield? are a Nation inextricably tied to the BORSKI], my good friend, the ranking Mr. BORSKI. I yield to the gen- water as a means of transportation, as member of the subcommittee, my spe- tleman from Pennsylvania. a means of commerce, as a means of cial thanks for all that he has done. Mr. SHUSTER. Mr. Speaker, it is cer- livelihood, and as a means of enjoy- Mr. Speaker, this is a product of tainly not the intent of the committee ment. Members of Congress from all sections to harm any of the Missouri River in- This legislation dates back to the of the country, from different political terests with this language. roots of our history as a Nation and as persuasions coming together and work- While the provision was put in re- a committee. The earliest works of the ing together because it makes good sponse to concerns to several of our Congress were the works that our com- sense for America. committee members, clearly all Mis- mittee brings to the floor today, those I particularly want to thank Mike souri River interests must be addressed that the gentleman from Tennessee Strachn of the professional staff. He before making significant changes to [Mr. WAMP], I thought so very warmly came to us from the Corps of Engi- the management of the Missouri River and touchingly described in talking neers. He had a very distinguished ca- system. about his father’s having served in the reer and he has lent his expertise to us H8732 CONGRESSIONAL RECORD — HOUSE July 30, 1996 as we fashioned this very important Mr. Speaker, I urge my colleagues to may call this bill pork. Our process here has bill. All the staff is good, but Mike is give this bill the overwhelming and en- revolved around sound science and engineer- very special in my heart, and I thank thusiastic support it deserves for all ing, authorizing those projects that fit criteria him. the right reasons. and pass muster from the Corps of Engineers. This bill reflects regional, environ- Mr. DEFAZIO of Oregon. Mr. Speaker, I My father served in the U.S. Army Corps of mental and Political balance. Every would like to take a moment to thank the EngineersÐwore castles on his lapelsÐand I single American will benefit from the members and staff of the Transportation and know the quality of the work done through water resources improvements pro- Infrastructure Committee for including lan- their civilian works program. vided for in this legislation. guage in the Water Resources Development This bill is about responsibly authorizing Our Nation’s water infrastructure is Act which will help advance an important needed works in a cost-effective manner, not critical to both the economic and envi- project in my district known as the Lower simply allowing Congress to appropriate ronmental health of our Nation and the Amazon Creek restoration and protection money without due process. In some cases, proposal before us today provides for project. this bill will authorize projects at dollar continued improvement in both of The project, which received approval pre- amounts below original estimates because we these areas. viously from the U.S. Army Corps of Engi- worked with the involved parties to find better I am particularly proud of the new neers under the Water Resources Develop- solutions than the most expensive plans out course that the Water Resources Devel- ment Act section 1135 program, is currently there. We increase local responsibility and ex- opment Act of 1996 charts on the envi- moving into the design and cost estimate pect the Federal Government to be responsive ronment. WRDA ’96 is the ‘‘greenest’’ phases. Yet a small portion of the project, to local needs. Corps bill in the history of the repub- which was originally constructed jointly by the One final note, Mr. Speaker, You will notice lic. Perhaps since the original 1899 Riv- Corps of Engineers and the Soil Conservation that while the Corps of Engineers is very ac- ers and Harbors Act, no Congress has Services, now known as the Natural Re- tive in Tennessee, in my home State, and the placed a greater emphasis than the sources Conservation Service [NRCS], had six other Southeastern States served by the 104th Congress on using the Corps of previously been left out of the project because Tennessee Valley Authority, which also falls Engineers’ considerable engineering ex- of an apparent lack of statutory authority by under the jurisdiction of this committee, we pertise to improve the environmental the Corps of Engineers. This portion of the have many ongoing projects and needs that quality of our Nation’s lakes, rivers, project is critical to the restoration of the are not mentioned in this bill. That is because and harbors. Lower Amazon Creek and I am encouraged TVA, in its ongoing mission and existing au- Nearly 25 percent of all the funding that this language will foster the necessary co- thorization, carries out projects every year that in this bill will go to environmentally operation between the Corps and the NRCS have to compete for those same scarce ap- sensitive water infrastructure pro- to complete this important project. propriations dollars coming out of the energy grams and projects. The legislation be- Again, I thank my colleagues for their sup- and water bill. We all know what a squeeze is fore us also seeks to maximize the port of this critical legislation and urge my on for these dollars this year and the situation amount of flood protection we receive counterparts in the Senate to support this pro- may bet worse before it gets better, as we bal- for our Federal resources by changing vision of the bill. ance the Federal budget. I want to remind our the Federal-local cost share from 75 Mr. WAMP. Mr. Speaker, I applaud the work colleagues that although you will see no TVA percent Federal-25 percent local to 65 Chairman SHUSTER and Chairman BOEHLERT, project mentioned in H.R. 3592, the Ten- percent Federal-35 percent local. and Transportation Committee Ranking Mem- nessee Valley region still has needs that TVA This change in cost share is also bers OBERSTAR and BORSKI have put into this is expected to meet in the coming years. Be- viewed by members of the environ- bill, in a bipartisan manner, and for the excel- cause TVA has ongoing authority, I hope that mental community as a step toward lent support the staff has given us on this bill. this committee, the Appropriations Committee, ensuring that the wisest path for flood Their expertise on the vital issues contained in and the Congress will not prejudice any TVA control management is pursued. I this bill is something of which the citizens of project that meets the same criteria as these strongly support this adjustment and this country should be proud, and this story of projects listed in this bill when it comes time believe it demonstrates this commit- how Congress helps better the lives of every to funding just because it is not listed in this tee’s commitment to sensible fiscal American is too often untold. I'm proud of the bill. and environmental policies. work we're doing here. Thank you, Mr. Speaker, and I yield back The Water Resources Development As I recently expressed to the majority lead- the balance of my time. Act of 1996, beyond its impressive envi- er, it is important that we deliver on promises Mr. GOSS. Mr. Speaker, coming from the ronmental mission, also ensures that to our districts in ways that our constituents beautiful coastal area of southwest Florida, I our Nation’s ports and rivers will con- tell me are most vital to their everyday health know that the protection and proper steward- tinue to be efficient conduits for com- and safety. Poll after poll tells us that these ship of our coastal resources is vital. The merce. bread-and-butter issues are far more important Water Resources Development Act authorizes Many claim that water transpor- to average Americans than broad, theoretical funding for the Army Corps of Engineers. The tation is the most efficient form of policy objectives. This bill accomplishes just corps is doing good work in FloridaÐfrom its transportation in this country, and that. WRDA will benefit many of our commu- high-profile role in the restoration of our with the passage of WRDA ’96, our Na- nities. unique Everglades, to assisting local govern- tion will enjoy this efficient mode of My district has several pressing needs in ments like Captiva Island with shoreline pro- transportation well into the next cen- flood control, stream bank protection, inland tection. I would note that the Clinton adminis- tury. Though we often take it for waterway navigation, basic infrastructure, and tration has tried to end the involvement of the granted, most of the fuel we consume environmental protection. The fundamental corps in joint shoreline projects. I am pleased and the food we eat has traveled on our mission of the Corps of Engineers is widely this bill includes legislation introduced by my Nation’s waterways. recognized in east Tennessee. Fulifilment of Florida colleague CLAY SHAW that will overturn I think it is evident from my re- our commitments to these communities, which the President's policy and ensure the contin- marks I am very proud of the biparti- are faced with both safety and economic con- ued involvement of the corps in worthwhile san water resources bill, not just be- cerns, can happen if H.R. 3592 gets passed beach restoration projects. Overall, this is a cause I am privileged to serve as chair- into law swiftly. Unlike the fate of the WRDA responsible authorization bill, and I urge my man of the subcommittee of jurisdic- bill from the last Congress, I believe that this colleagues to support it. tion, but because I am privileged to work will get done. The other body is poised Mr. WAMP. Mr. Speaker, I applaud the work work with people like the gentleman and ready, and today, we take another huge you, Chairman BOEHLERT and ranking Mem- from Pennsylvania [Mr. SHUSTER], and step forward. bers OBERSTAR and BORSKI have put into this the gentleman from Minnesota [Mr. I expect that these vital issues will not get bill, in a bipartisan manner, and for the excel- OBERSTAR], and the gentleman from bogged down in Presidential politics or die in lent support the staff has given us during the Pennsylvania [Mr. BORSKI]; Repub- conference. Ironically, these are issues in hearing process and drafting of this bill. The licans and Democrats alike, taking se- which the other body has taken the lead and expertise within this committee on the vital is- riously the people’s business and the House action will bring us tangible results. Mr. sues contained in this bill is something of mission of shaping responsible public Speaker, I encourage our colleagues not to which the citizens of this country should be policy. shrink from this task at hand because some proud, and this story of how Congress helps July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8733 better the lives of every American is too often and the Congress will not prejudice any TVA million by the private sectorÐin pursuit of that untold. I'm proud of the work we're doing here, project that meets the same criteria as these objective. The results speak for themselves, and it's one of the reasons I asked to serve projects listed in this bill when it comes time and for the reauthorization of this project so on this committee and under your leadership, to funding just because it is not listed in this that the $2.2 million in Federal money author- Chairman SHUSTER. bill. ized by the Water Resources Development As I recently expressed to our House major- Mr. EWING. Mr. Speaker, I rise today in Act of 1988 can be fully appropriated. ity leader, it is important that we deliver on support of H.R. 3592, the Water Resources Since its inception 13 years ago, the promises to our districts in ways that our con- Development Act of 1996. Chairman SHUSTER DPRWDP has become an internationally rec- stituents tell me are most vital to their every- and Water Resources Subcommittee Chair- ognized wetlands research effort that not only day health and safety. Poll after poll tells us man BOEHLERT both deserve credit for the bi- features 6 experimental wetlands cells but that these bread-and-butter issues are far partisan cooperation they have demonstrated also a pair of wetlands mitigation banks that more important to average Americans than in putting this legislation together. Because of are demonstrating just how effectively the broad, theoretical policy objectives. This bill their efforts it is no surprise that H.R. 3592 pressures of economic development can be accomplishes just that. WRDA will benefit was unanimously approved by the Transpor- reconciled with the need for environmental many of our communities. tation and Infrastructure Committee. protection. Land that was once devoted to My district has several pressing needs in H.R. 3592 authorizes the activities of the farming and gravel mining operations has flood control, stream bank protection, inland U.S. Army Corps of Engineers through fiscal been converted into a carefully monitored and waterway navigation, basic infrastructure, and year 2000. Many provisions in the bill relate to controlled wetlands laboratory in which no less environmental protection. The fundamental critical flood control and marine transportation than 12 research teams from 14 different or- mission of the Corps of Engineers is widely projects that will save lives and property, pro- ganizations, including 9 universities, have con- recognized in east Tennessee. Fulfillment of tect the environment, and improve commerce ducted, and continue to conduct, investiga- our commitments to these communities, which along many of our Nation's great rivers. tions into the way in which wetlands work and are faced with both safety and economic con- One flood control project of critical impor- how they can affect such things as flooding, cerns, can happen if H.R. 3592 gets passed tance to my central Illinois district is in the city water quality, and habitat preservation. into law, and I hope that this bill will not suffer of Villa Grove. This is the second of the last As a result of all this work, over 150 articles, the same fate of the WRDA bill from the last 3 years that Villa Grove, and Douglas County, reports, proceedings, book chapters, ab- Congress. Today, we take another huge step have been placed on the State and Federal stracts, technical papers, theses, and disserta- forward. disaster lists because of flooding. The city tions have been published, not to mention the I hope these vital issues do not get bogged faces flooding threats from the Embarras 50 plus newspaper, magazine, and newsletter down in Presidential politics or die in con- River, which flows north-south through the articles that have written on the DPRWDP's ference. Ironically, these are issues in which city; the Jordan Slough, a tributary of the Em- research and its implications for such impor- the Senate has taken the lead and House ac- barras River; and the West Ditch, which col- tant public policy matters as flood control, spe- tion will bring us tangible results. Mr. Speaker, lects storm water runoff from farms west of the cies preservation, and water quality enhance- I encourage our colleagues not to shrink from city and runs directly though the center of Villa ment. For example, the August 25, 1995 New this task at hand because some may call this Grove. York Times carried a 2 page feature article on bill pork. Our process here has revolved The U.S. Army Corps of Engineers has sur- the DPRWDP, and a similar project in St. around sound science and engineering, au- veyed the latest damage and agreed that cor- Charles, IL, which focused on the extent to thorizing those projects that fit criteria and rective action is appropriate. City officials have which the existence of wetlands could prevent pass muster from the Corps of Engineers. My suggested diverting water from the West Ditch flooding. father served in the U.S. Army Corps of Engi- by grading certain runoff areas, installing box neersÐwore castles on his lapelsÐand I culverts in several locations, and possibly So that the significance of these findings is know the quality of the work done through modifying the river's path outside of the city. not lost upon my colleagues, let me mention their civilian works program. Clearly, Villa Grove's flooding problems will several of them specifically. One, based on This bill is about responsibly authorizing only become more frequent and severe if they the determination that a wetland can trap needed works in a cost-effective manner, not are not addressed in the near future. more than 80 percent of the sediments and simply allowing Congress to appropriate While the Villa Grove flood control project is nutrients contained in incoming river water, money without due process. In some cases, only a small portion of this bill, I believe it is concluded that water quality in a given water- this bill will authorize projects at dollar illustrative of the kind of flood relief that many shed could be improved if as little as 2 to 4 amounts below original estimates because we communities around the United States des- percent of that watershed were converted to worked with the involved parties to find better perately need. To the residents of Villa Grove, wetlands. Another, evidenced by the return of solutions than the most expensive plans out H.R. 3592 is one of the most important bills flora, fauna, and four State-endangered birds there. We increase local responsibility and ex- this Congress will act on, and I urge all of my to the DRPWDP site, speaks to the potential pect the Federal Government to be responsive colleagues to support its adoption. of wetlands for accommodating endangered or to local needs. Mr. CRANE. Mr. Speaker, I rise today in threatened species. And then there is the mat- One final note, Mr. Speaker. You will notice support of H.R. 3592, the Water Resources ter of flooding, the indication being that only 2 that while the Corps of Engineers is very ac- Development Act [WRDA] of 1996. Not only is to 6 percent of a watershed need be devoted tive in Tennessee, in my home State, and the this bill a fiscally responsible approach to to wetlands in order to accommodate flood- six other Southeastern States served by the America's need for inland waterway and flood waters. However, more work needs to be Tennessee Valley Authority, which also falls control projects, but it will be of substantial done before the full benefit of these and other under the jurisdiction of this committee, we benefit to the environment as well. As a matter findings can be realized. If we are to under- have many ongoing projects and needs that of fact, almost one quarter of the entire bill is stand more fully how wetlands may best be are not mentioned in this bill. That is because devoted to programs and projects of an envi- restored and if a detailed ``how-to'' manual is TVA, in its ongoing mission and existing au- ronmentally sensitive nature. to become available by the end of the century, thorization, carries out projects every year that An excellent case in point is the 550 acre then the Federal Government needs to invest have to compete for those same scarce ap- Des Plaines River Wetlands Demonstration more money in this project in the near future. propriations dollars coming out of the energy Project [DPRWDP] in northern Illinois which To achieve those objectives within that time- and water bill. We all know what a squeeze is would be reauthorized by section 502 of this frame, another $7 million and perhaps more on for these dollars this year and the situation bill. Originated in 1983 as a cooperative Fed- will be needed, sooner rather than later. Reve- may get worse before it gets better, as we bal- eral, State, local, and private venture, the pur- nues realized from the wetlands mitigation ance the Federal budget. I want to remind our pose of this project was to produce significant banks at the DPRWDP site will account for colleagues that although you will see no TVA research information on the creation, mainte- some of that money and private sources may project mentioned in H.R. 3592, the Ten- nance, and restoration of wetlands. Since provide additional financial support. But the nessee Valley region still has needs that TVA then, almost $9 million has been spentÐ$1.9 funds generated from those sources alone is is expected to meet in the coming years. Be- million by the Federal Government, another unlikely to be sufficient to get the job done by cause TVA has ongoing authority, I hope that $1.8 million by the State of Illinois, nearly $1.7 the year 2000 unless the remainder of the this committee, the Appropriations Committee, million by local government entities, and $3.4 $2.2 million authorized by the 1988 WRDA is H8734 CONGRESSIONAL RECORD — HOUSE July 30, 1996 actually appropriated. To date, the U.S. Army ity, and recreation areas may be left high and ment over to the whim of special interests and Corps of Engineers, whose good works are dry literally miles from the water. These up- political deal-making should make all members authorized by WRDA legislation, has only in- stream uses of the river, which result in over with rivers in their districts shudder. We can- vested a small portion of either the $1.9 mil- $1 billion in economic activity annually, would not allow the corps to be placed in a statutory lion spent by the Federal Government on the be sacrificed in a short-sighted attempt to sup- straightjacket when it comes to making sound DPRWDP or the $1 million earmarked for the port navigation, a minor use of the river, gen- decision about water management. project in the 1992 Energy and Water appro- erating only $10 million each year. Finally, Mr. Speaker, I would like to remind priations measure. Not only that, but of the The corps has also indicated that this reck- Members that final consideration of the 1994 $125,000 or so the Corps has invested to less provision may actually lead to increased WRDA stalled over upstream-downstream date, none has been devoted to construction flooding risks throughout the Missouri basin. struggles over flood control and navigation. work. Under section 545 the corps would be re- Many Members have necessary and valuable Due to that combination of circumstances, quired to continue navigation releases projects in this bill. We must not allow this pro- the DPRWDP was deauthorized in 1993, even throughout December, even after the river vision on the Missouri River to hold up the though it had been the recipient of nearly $2 freezes at Bismarck, ND, and Pierre, SD, in- passage of this bill through conference. I urge million in Federal money over the years and it creasing the risk of ice jam floods in those the chairman and ranking members of the had received an appropriation as late as 1992. cities. The effects downstream, however, House and Senate committees to strike this As a consequence, statutory language reau- could be even worse. The corps has identified language so this necessary water bill can be thorizing the project became necessary, other- the stretches of the river between northwest enacted without delay. Upstream and down- wise it would not be in a position to compete Iowa and central Missouri as areas most stream interests can work together to solve effectively for subsequent Federal appropria- heavily prone to ice jam formation. With the in- the vexing differences between our regions tion. WRDA legislation being the proper place creased water releases expected from extend- over Missouri River management. Local rep- for such language, I was pleased with, and ing the navigation season, floods behind ice resentatives have already begun to discuss gratified by, its inclusion in the committee-re- jams would be more severe than under normal these issues on the local level. I fervently be- ported version of H.R. 3592. My thanks go to flows. The ice chunks would also be larger, lieve that we should do everything we can to the chairman and members of the Transpor- damaging riverbanks, dikes, and possibly even encourage those efforts and stop trying to di- tation and Infrastructure Committee, and espe- major structures like the Gavins Point Dam. rect water policy through congressional fiat. cially to the chairman and members of its Clearly, extending the navigation season AMERICAN RIVERS, BASS ANGLERS Water Resources and Environment Sub- makes little sense from a flood control stand- SPORTSMAN SOCIETY, ENVIRON- committee, for their consideration in that re- point. MENTAL DEFENSE FUND, FRIENDS gard. Diverse interests have expressed their ex- OF THE EARTH, NATIONAL AUDU- In closing, let me just say that enactment of treme dismay over inclusion of this provision BON SOCIETY, NATIONAL WILDLIFE this reauthorization language will pay big divi- in WRDA. The administration has asked for its FEDERATION, SIERRA CLUB, SI- ERRA CLUB LEGAL DEFENSE FUND dends in the future. Not only will the research removal from the bill. Eight leading environ- JULY 25, 1996. data, instruction manuals, and mitigation mental advocacy organizations have sent a DEAR MEMBER OF CONGRESS: The under- banks generated by the DPRWDP enable letter to Congress opposing this attempt to hi- signed conservation groups are deeply con- Americans to conserve, construct, and restore jack Missouri River management. American cerned that a provision in H.R. 3592, the valuable wetlands, but the insights provided Rivers, National Audubon Society, National Water Resources Development Act of 1996, will be of great benefit to those interested in Wildlife Federation, Environmental Defense would lead to the extinction of several fish controlling flooding or in accommodating nec- Fund, Sierra Club, Friends of the Earth, Sierra and wildlife species that inhabit the Missouri essary economic growth without compromising Club Legal Defense Fund, and Bass Anglers River and reduce opportunities for recre- ation. Representatives Earl Pomeroy (D– important environmental values. In short, the Sportsman Society all agree that lengthening ND), Tim Johnson (D–SD), and Pat Williams DPRWDP is a winner in every sense of the the navigation season will negatively impact (D–MT) will offer an amendment to strip word and I urge my colleagues to give it their the entire Missouri River basin. The Western H.R. 3592 of this provision, and we urge you support by passing the legislation that con- Association of Fish and Wildlife Agencies op- to support this amendment. tains its statutory reauthorization. pose inclusion of this language in the WRDA Section 541 of H.R. 3592 would require the Mr. POMEROY. Mr. Speaker, I rise in bill. Even the Governor of Iowa, a downstream U.S. Army Corps of Engineers to release strong opposition to a provision in the Water State, recently spoke out against extension of water from the Missouri’s six mainstem Resources Development Act of 1996 which navigation through legislation. dams to support navigation from April 1 to could potentially cause grave harm to the If the resounding opposition to this provision December 15, regardless of the amount of water available to support other river uses. upper Missouri River basin and at the same and the potential damages from enactment of Dam releases designed solely to support time set a dangerous and far-reaching prece- this provision do not provide enough evidence navigation would not only have devastating dent for water management in this Nation. I for its removal its precedent-setting nature environmental consequence but would also am speaking of section 545 in the bill before should. Section 545 was slipped into the man- reduce economic benefits from hydropower, us today. This section proposes to extend the ager's amendment of the WRDA bill at the full recreation and water supply. These indus- navigation season on the Missouri River by 1 committee markup and only subsequently tries—which generate more than $1 billion in month from the current 8-month season. While made public. No hearings were conducted to economic benefits annually—would be sac- seemingly insignificant, extension of the navi- determine its effect on the Missouri basin and rificed to support an industry that generates a mere $10 million each year. gation season would impact irrigation, drinking not 1 minute of debate was conducted about Despite the economic and environmental water supplies, hydropower generation, flood the advisability of implementing such a impacts of the provision, the Transportation control efforts, recreational activities, and na- scheme. Now this bill is brought up under sus- and Infrastructure Committee added Sec. 541 tive fisheries. pension with no opportunity to have a stand- during full committee mark-up without According to the Army Corps of Engineers, alone vote on this special-interest perk. Never hearing from a single witness. The two-page the most severe impacts of extending the before has Congress spelled out specific provision was included in a 70-page man- navigation season would be on water supply water management policy in statute, and it ager’s amendment that was released to con- upstream and flood control downstream. Ex- should not be doing so today. servation groups after the Committee had al- ready acted. tension of navigation service by 1 month Compare, if you will, that process to the one The Missouri River has been dramatically would require draining almost 1 million acre the corps is currently completing to review and altered to support navigation. The river’s six feet of drought reserve storage from each of update the Missouri River master manual. The dams impound the world’s largest reservoir the upper basin reservoirs, including Lake corps has spent 6 years and $23 million to system, blocking fish passage and altering Sakakawea in North Dakota. Under this provi- conduct a thorough revision of water manage- the movement of sediment. The river be- sion the corps would be required to release ment on the Missouri River. Many of us are tween Sioux City and St. Louis, channelized that water regardless of upstream weather frustrated by the continual delays in the re- to one-third of its original width, has lost conditions. During a series of drought years, lease of the master manual but that does not more than 90 percent of its wetlands, islands, chutes and sandbars. Three federally endan- farmers in Montana, North Dakota, and South mean that Congress should circumvent the gered species are already jeopardized by cur- Dakota could be caught without needed irriga- process. For decades, the professional engi- rent water management, according to the tion water, cities and towns could be left with neers of the Army Corps have done their best U.S. Fish and Wildlife Service. Many others insufficient clean drinking water supplies, hy- to manage the waters of the United States to species, including popular sportfish like blue dropower plants could lose generating capac- the benefit of all uses. To turn water manage- catfish, have fallen to less than 10 percent of July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8735 their historic populations. This provision sibly allows for abuse of our precious natural Of particular importance to the Hudson Val- would prevent the Corps of Engineers from resources and is a license to steal water. ley, I would like to draw attention to section taking steps necessary to reverse their de- The economic and environmental impacts 551 of the act, which incorporates the provi- cline and prevent their extinction. of Section 541 of H.R. 3592 would cause severe This amendment will prevent the Corps of economic impacts to all Missouri River sions of legislation that I have introduced, H.R. Engineers from reducing flood losses. Land- Basin states and their stakeholders. The cur- 3471, the Hudson River Habitat Restoration owners farming converted side channels and rent system operation is already extremely Act. The legislation which we are considering backwaters are among the most flood-prone biased and heavily favors a minuscule, dwin- today authorizes $11 million for at least four in the nation. In the wake of flooding in 1993 dling, archaic, heavily subsidized and highly habitat restoration projects along the Hudson and 1995, federal programs rebuilt many lev- marginal Missouri River navigation. Barge River basin. ees twice, often spending more federal funds traffic produces only one percent of the an- Mr. Speaker, the Hudson River estuary is on repairs than the protected land was nual net economic benefits derived from the an important habitat to a wide range of water- worth. Section 541 would prohibit the Corps management of the Missouri River. A deci- fowl and aquatic species. Many important from using the conveyance capacity of flood- sion by the political winds and pork barrel plain lands acquired from willing sellers to habitats along the riverÐwetlands, marshes, special interests of Washington should not and so forthÐhave been degraded over the protect other floodplain land owners. destroy sensible water management. The This amendment will also have high eco- Missouri River and its reservoirs are under past century as industry and agriculture grew nomic costs. Originally forecast to carry 12 the care of all of us, not a special interest along the river. The legislation that I have in- to 20 million tons annually, commercial group. I ask that you strike this language troduced seeks Federal funding for critical navigation on the Missouri River peaked at and leave the complicated matters of res- habitat projects identified by the Corps of En- 3.3 million tons in 1977 and has fallen to just ervoir operations in the hands of the U.S. gineers and New York's Department of Envi- 1.5 million tons, generating $10 million in Corps of Engineers and the basin states. ronmental Conservation. economic benefits. By contrast, Missouri Sincerely, I recently had the pleasure of touring one of River recreation generates $75 million in EDWARD T. SCHAFER the proposed sites, the Manitou Marsh near economic benefits, water supply generates Governor. $450 million, and hydropower generates $625 Philipstown in my district. Tidal marshes such as this one represent a very productive eco- million. Missouri River navigation accounts WESTERN ASSOCIATION OF FISH AND WILDLIFE system, a wonderful habitat for raptors, water- for just 1 percent of the economic benefits AGENCIES, RESOLUTION, OPPOSITION TO EX- produced by the river, and is the means of TENDED NAVIGATION ON THE LOWER MIS- fowl and fish, and serve to clean pollutants transportation for only one-tenth of 1 per- SOURI RIVER from the river. Road and factory construction cent of the corn produced in Missouri, Kan- Whereas, the uses of Missouri River water dating from the 19th century has adversely af- sas, Iowa and Nebraska. Just 2 percent of the for fish, wildlife, recreation, and other relat- fected the tidal flows in and out of the marsh, wheat produced in those states is shipped by ed beneficial purposes have been well docu- a problem this legislation seeks to correct. Missouri River barge. This legislation supports an ongoing and co- Despite the economic insignificance of mented; and Whereas, the benefits of these fish, wild- Missouri River navigation, Section 541 would operative effort that has involved various lev- life, and water-based activities have been direct the Corps of Engineers to extend the els of government, including the U.S. Army shown to generate millions of dollars to the navigation season at enormous expense to Corps of Engineers and the New York Depart- citizens of the United States; and other river industries. The provision would ment of Environmental Conservation, local en- Whereas, the Corps of Engineers is nearing prevent the Corps from managing the Mis- vironmental organizations, such as the Mu- completion of a long-term, $20+ million re- souri’s dams to support Mississippi River view of its operating criteria and procedures seum of the Hudson Highlands, Scenic Hud- navigation during periods of low water. Sec- (Master Manual review process) of six Mis- son, and the Audubon Society, as well as pri- tion 541 would also require dam releases to souri River impoundments; and vate sector businesses, such as Metro North support Missouri River navigation regardless Whereas, all eight Missouri River basin Railroad. of the amount of water in the system, poten- states and all basin tribes have supported I urge my colleagues to join me in support tially exacerbating downstream flooding or the Corps Master Manual review process; and of this important and vital environmental legis- wasting precious water during droughts. Whereas, the U.S. Congress is poised to leg- We urge you to support the amendment of- lation. islatively require a one-month extension of fered by Representatives Earl Pomeroy (D– Mr. SHUSTER. Mr. Speaker, I yield navigation flow which will lower water lev- ND), Tim Johnson (D–SD), and Pat Williams back the balance of my time. els in Missouri River mainstream reservoirs (D–MT) to strip H.r. 3592 of this provision. The SPEAKER pro tempore. The and severely limit the Corps operational Sincerely, question is on the motion offered by flexibility, and this would be in contradic- SCOTT FABER, tion to the findings of the Corps Master Man- the gentleman from Pennsylvania [Mr. American Rivers. ual review; and SHUSTER] that the House suspend the BRUCE SHUPP, Whereas, the impacts of lowering the water rules and pass the bill, H.R. 3592, as Bass Anglers Sportsman Society. level in these reservoirs have been shown to amended. TIM SEARCHINGER, be detrimental to fish species including na- The question was taken; and (two- Environmental Defense Fund. tive and endangered species; and thirds having voted in favor thereof) GALWAIN KRIPKE, Whereas, the benefits of retaining water in Friends of the Earth. the rules were suspended and the bill, mainstream reservoirs have been shown to as amended, was passed. JOHN ECHEVERRIA, far exceed the benefits of moving water National Audubon Society. A motion to reconsider was laid on downstream for navigation purposes on the the table. DAVID CONRAD, lower Missouri: Now, therefore, be it National Wildlife Federation. Resolved, that the Western Association of Mr. SHUSTER. Mr. Speaker, I ask JONATHAN ELA, Fish and Wildlife Agencies, at its annual unanimous consent to take from the Sierra Club. meeting on July 26, 1996, at Honolulu, Ha- Speaker’s table the Senate bill (S. 640) AMY MATHEWS-AMOS, waii, supports deletion of Section 541 of the to provide for the conservation and de- Sierra Club Legal Defense Fund. Water Resources Development Act of 1996 velopment of water and related re- (H.R. 3592) which would require a one-month sources, to authorize the Secretary of STATE OF NORTH DAKOTA, extension of the navigation season on the the Army to construct various projects Bismarck, ND, July 26, 1996. lower Missouri River, despite accelerating Hon. BUD SHUSTER, for improvements to rivers and harbors the dewatering of the reservoirs which sup- of the United States, and for other pur- Chairman, Transportation and Infrastructure port fish and wildlife uses, and would cir- Committee, Washington, DC. cumvent the Corps own review of their oper- poses, and ask for its immediate con- DEAR CONGRESSMAN SHUSTER: I am deeply ating procedures. sideration in the House. concerned with the obviously flawed provi- The Clerk read the title of the Senate sion in H.R. 3592, the Water Resources Devel- Mrs. KELLY. Mr. Speaker, I rise in very bill. opment Act of 1996. The bill contains lan- strong support of H.R. 3592, the Water Re- The SPEAKER pro tempore. Is there guage requiring the U.S. Army Corps of En- sources Development Act, which authorizes objection to the request of the gen- gineers to extend the navigation season on projects and programs of the civil works pro- the Missouri River by one month, regardless tleman from Pennsylvania? gram of the Army Corps of Engineers. There was no objection. of the amount of water available to support Mr. Speaker, this legislation is strongly bi- the other authorized primary uses. This pro- The Clerk read the Senate bill, as fol- vision would be devastating, especially dur- partisan, and places special emphasis on pro- lows: ing drought periods when system releases are tecting the environment. In fact, I believe it S. 640 to be reduced to save and ensure water in should be stressed that passage of this legis- Be it enacted by the Senate and House of Rep- storage for all users, including navigation. lation represents an important environmental resentatives of the United States of America in This provision is ill-conceived and irrespon- accomplishment for this Congress. Congress assembled, H8736 CONGRESSIONAL RECORD — HOUSE July 30, 1996 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 314. Feasibility studies. with an estimated Federal cost of $17,700,000 (a) SHORT TITLE.—This Act may be cited as Sec. 315. Obstruction removal requirement. and an estimated non-Federal cost of the ‘‘Water Resources Development Act of Sec. 316. Levee owners manual. $9,500,000. 1996’’. Sec. 317. Risk-based analysis methodology. (3) SAN LORENZO RIVER, CALIFORNIA.—The (b) TABLE OF CONTENTS.—The table of con- Sec. 318. Sediments decontamination tech- project for flood control, San Lorenzo River, tents of this Act is as follows: nology. California: Report of the Chief of Engineers, Sec. 1. Short title; table of contents. Sec. 319. Melaleuca tree. dated June 30, 1994, at a total cost of Sec. 2. Definition of Secretary. Sec. 320. Faulkner Island, Connecticut. $16,100,000, with an estimated Federal cost of Sec. 321. Designation of lock and dam at the TITLE I—WATER RESOURCES PROJECTS $8,100,000 and an estimated non-Federal cost Red River Waterway, Louisi- of $8,000,000 and the habitat restoration, at a Sec. 101. Project authorizations. ana. total cost of $4,050,000, with an estimated Sec. 102. Project modifications. Sec. 322. Jurisdiction of Mississippi River Federal cost of $3,040,000 and an estimated Sec. 103. Project deauthorizations. Commission, Louisiana. non-Federal cost of $1,010,000. Sec. 104. Studies. Sec. 323. William Jennings Randolph access (4) SANTA BARBARA HARBOR, SANTA BARBARA road, Garrett County, Mary- TITLE II—PROJECT-RELATED COUNTY, CALIFORNIA.—The project for naviga- PROVISIONS land. tion, Santa Barbara Harbor, Santa Barbara, Sec. 324. Arkabutla Dam and Lake, Mis- Sec. 201. Grand Prairie Region and Bayou California: Report of the Chief of Engineers, sissippi. Meto Basin, Arkansas. dated April 26, 1994, at a total cost of Sec. 325. New York State canal system. Sec. 202. Heber Springs, Arkansas. $5,720,000, with an estimated Federal cost of Sec. 326. Quonset Point-Davisville, Rhode Is- Sec. 203. Morgan Point, Arkansas. $4,580,000 and an estimated non-Federal cost land. Sec. 204. White River Basin Lakes, Arkansas of $1,140,000. Sec. 327. Clouter Creek disposal area, and Missouri. (5) ANACOSTIA RIVER AND TRIBUTARIES, DIS- Charleston, South Carolina. Sec. 205. Central and Southern Florida. TRICT OF COLUMBIA AND MARYLAND.—The Sec. 206. West Palm Beach, Florida. Sec. 328. Nuisance aquatic vegetation in Lake Gaston, Virginia and project for environmental restoration, Ana- Sec. 207. Everglades and South Florida eco- costia River and tributaries, District of Co- system restoration. North Carolina. Sec. 329. Washington Aqueduct. lumbia and Maryland: Report of the Chief of Sec. 208. Arkansas City and Winfield, Kan- Engineers, dated October 1994, at a total cost sas. Sec. 330. Chesapeake Bay environmental res- toration and protection pro- of $18,820,000, with an estimated Federal cost Sec. 209. Mississippi River-Gulf Outlet, Lou- of $14,120,000 and an estimated non-Federal isiana. gram. Sec. 331. Research and development program cost of $4,700,000. Sec. 210. Coldwater River Watershed, Mis- (6) PALM VALLEY BRIDGE REPLACEMENT, ST. sissippi. to improve salmon survival. Sec. 332. Recreational user fees. JOHNS COUNTY, FLORIDA.—The project for Sec. 211. Periodic maintenance dredging for navigation, Palm Valley Bridge, County Greenville Inner Harbor Chan- Sec. 333. Shore protection. Sec. 334. Shoreline erosion control dem- Road 210, over the Atlantic Intracoastal Wa- nel, Mississippi. terway in St. Johns County, Florida: Report Sec. 212. Sardis Lake, Mississippi. onstration. Sec. 335. Review period for State and Fed- of the Chief of Engineers, dated June 24, 1994, Sec. 213. Yalobusha River Watershed, Mis- at a total Federal cost of $15,312,000. As a sissippi. eral agencies. Sec. 336. Dredged material disposal facili- condition of receipt of Federal funds, St. Sec. 214. Libby Dam, Montana. Johns County shall assume full ownership of Sec. 215. Small flood control project, Malta, ties. Sec. 337. Applicability of cost-sharing provi- the replacement bridge, including all associ- Montana. ated operation, maintenance, repair, replace- Sec. 216. Cliffwood Beach, New Jersey. sions. Sec. 338. Section 215 reimbursement limita- ment, and rehabilitation costs. Sec. 217. Fire Island Inlet, New York. (7) ILLINOIS SHORELINE STORM DAMAGE RE- Sec. 218. Queens County, New York. tion per project. Sec. 339. Waiver of uneconomical cost-shar- DUCTION, WILMETTE TO ILLINOIS AND INDIANA Sec. 219. Buford Trenton Irrigation District, STATE LINE.—The project for lake level flood- North Dakota and Montana. ing requirement. Sec. 340. Planning assistance to States. ing and storm damage reduction, extending Sec. 220. Jamestown Dam and Pipestem from Wilmette, Illinois, to the Illinois and Dam, North Dakota. Sec. 341. Recovery of costs for cleanup of hazardous substances. Indiana State line: Report of the Chief of En- Sec. 221. Wister Lake project, LeFlore Coun- gineers, dated April 14, 1994, at a total cost of ty, Oklahoma. Sec. 342. City of North Bonneville, Washing- ton. $204,000,000, with an estimated Federal cost Sec. 222. Willamette River, McKenzie of $110,000,000 and an estimated non-Federal Subbasin, Oregon. Sec. 343. Columbia River Treaty Fishing Ac- cess. cost of $94,000,000. The Secretary shall reim- Sec. 223. Abandoned and wrecked barge re- burse the non-Federal interest for the Fed- moval, Rhode Island. Sec. 344. Tri-Cities area, Washington. Sec. 345. Designation of locks and dams on eral share of any costs that the non-Federal Sec. 224. Providence River and Harbor, interest incurs in constructing the break- Rhode Island. Tennessee-Tombigbee Water- way. water near the South Water Filtration Sec. 225. Cooper Lake and Channels, Texas. Plant, Chicago, Illinois. Sec. 226. Rudee Inlet, Virginia Beach, Vir- Sec. 346. Designation of J. Bennett Johnston (8) KENTUCKY LOCK ADDITION, KENTUCKY.— ginia. Waterway. The project for navigation, Kentucky Lock Sec. 227. Virginia Beach, Virginia. Sec. 347. Technical corrections. Addition, Kentucky: Report of the Chief of TITLE III—GENERAL PROVISIONS SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ‘‘Secretary’’ means Engineers, dated June 1, 1992, at a total cost Sec. 301. Cost-sharing for environmental the Secretary of the Army. of $467,000,000. The construction costs of the projects. project shall be paid— Sec. 302. Collaborative research and develop- TITLE I—WATER RESOURCES PROJECTS (A) 50 percent from amounts appropriated ment. SEC. 101. PROJECT AUTHORIZATIONS. from the general fund of the Treasury; and Sec. 303. National dam safety program. (a) PROJECTS WITH REPORTS.—Except as (B) 50 percent from amounts appropriated Sec. 304. Hydroelectric power project otherwise provided in this subsection, the from the Inland Waterways Trust Fund es- uprating. following projects for water resources devel- tablished by section 9506 of the Internal Rev- Sec. 305. Federal lump-sum payments for opment and conservation and other purposes enue Code of 1986. Federal operation and mainte- are authorized to be carried out by the Sec- (9) POND CREEK, KENTUCKY.—The project for nance costs. retary substantially in accordance with the flood control, Pond Creek, Kentucky: Report Sec. 306. Cost-sharing for removal of exist- plans, and subject to the conditions, rec- of the Chief of Engineers, dated June 28, 1994, ing project features. ommended in the respective reports des- at a total cost of $16,865,000, with an esti- Sec. 307. Termination of technical advisory ignated in this subsection: mated Federal cost of $11,243,000 and an esti- committee. (1) HUMBOLDT HARBOR AND BAY, CALIFOR- mated non-Federal cost of $5,622,000. Sec. 308. Conditions for project NIA.—The project for navigation, Humboldt (10) WOLF CREEK HYDROPOWER, CUMBERLAND deauthorizations. Harbor and Bay, California: Report of the RIVER, KENTUCKY.—The project for hydro- Sec. 309. Participation in international engi- Chief of Engineers, dated October 30, 1995, at power, Wolf Creek Dam and Lake Cum- neering and scientific con- a total cost of $15,180,000, with an estimated berland, Kentucky: Report of the Chief of ferences. Federal cost of $10,116,000 and an estimated Engineers, dated June 28, 1994, at a total cost Sec. 310. Research and development in sup- non-Federal cost of $5,064,000. of $50,230,000. Funds derived by the Tennessee port of Army civil works pro- (2) MARIN COUNTY SHORELINE, SAN RAFAEL Valley Authority from the power program of gram. CANAL, CALIFORNIA.—The project for hurri- the Authority and funds derived from any Sec. 311. Interagency and international sup- cane and storm damage reduction, Marin private or public entity designated by the port authority. County Shoreline, San Rafael Canal, Califor- Southeastern Power Administration may be Sec. 312. Section 1135 program. nia: Report of the Chief of Engineers, dated used for all or part of any cost-sharing re- Sec. 313. Environmental dredging. January 28, 1994, at a total cost of $27,200,000, quirements for the project. July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8737

(11) PORT FOURCHON, LOUISIANA.—The in Chesapeake, Virginia: Report of the Chief (D) OTHER COSTS.—The non-Federal inter- project for navigation, Port Fourchon, Lou- of Engineers, dated July 1, 1994, at a total est shall be responsible for— isiana: Report of the Chief of Engineers, cost of $23,680,000, with an estimated Federal (i) all operation, maintenance, repair, re- dated April 7, 1995, at a total cost of cost of $20,341,000 and an estimated non-Fed- placement, and rehabilitation costs associ- $2,812,000, with an estimated Federal cost of eral cost of $3,339,000. The city of Chesapeake ated with the improvements carried out $2,211,000 and an estimated non-Federal cost shall assume full ownership of the replace- under this paragraph; and of $601,000. ment bridge, including all associated oper- (ii) the costs of the variable flood control (12) WEST BANK HURRICANE PROTECTION ation, maintenance, repair, replacement, and operation of the Folsom Dam and Reservoir. LEVEE, JEFFERSON PARISH, LOUISIANA.—The rehabilitation costs. (4) SANTA MONICA BREAKWATER, CALIFOR- West Bank Hurricane Protection Levee, Jef- (21) MARMET LOCK REPLACEMENT, KANAWHA NIA.—The project for hurricane and storm ferson Parish, Louisiana project, authorized RIVER, WEST VIRGINIA.—The project for navi- damage reduction, Santa Monica break- by section 401(b) of the Water Resources De- gation, Marmet Lock Replacement, Marmet water, California, at a total cost of $6,440,000, velopment Act of 1986 (Public Law 99–662; 100 Locks and Dam, Kanawha River, West Vir- with an estimated Federal cost of $4,220,000 Stat. 4128), is modified to authorize the Sec- ginia: Report of the Chief of Engineers, dated and an estimated non-Federal cost of retary to extend protection to areas east of June 24, 1994, at a total cost of $229,581,000. $2,220,000. the Harvey Canal, including an area east of The construction costs of the project shall be (5) LOWER SAVANNAH RIVER BASIN, SAVAN- the Algiers Canal: Report of the Chief of En- paid— NAH RIVER, GEORGIA AND SOUTH CAROLINA.— gineers, dated May 1, 1995, at a total cost of (A) 50 percent from amounts appropriated The project for environmental restoration, $217,000,000, with an estimated Federal cost from the general fund of the Treasury; and Lower Savannah River Basin, Savannah of $141,400,000 and an estimated non-Federal (B) 50 percent from amounts appropriated River, Georgia and South Carolina, at a total cost of $75,600,000. from the Inland Waterways Trust Fund es- cost of $3,419,000, with an estimated Federal (13) STABILIZATION OF NATCHEZ BLUFFS, MIS- tablished by section 9506 of the Internal Rev- cost of $2,551,000 and an estimated non-Fed- SISSIPPI.—The project for bluff stabilization, enue Code of 1986. eral cost of $868,000. Natchez Bluffs, Natchez, Mississippi: Natchez (6) NEW HARMONY, INDIANA.—The project for (b) PROJECTS SUBJECT TO FAVORABLE RE- Bluffs Study, dated September 1985, Natchez shoreline erosion protection, Wabash River PORT.—The following projects for water re- Bluffs Study: Supplement I, dated June 1990, at New Harmony, Indiana, at a total cost of and Natchez Bluffs Study: Supplement II, sources development and conservation and other purposes are authorized to be carried $2,800,000, with an estimated Federal cost of dated December 1993, in the portions of the $2,100,000 and an estimated non-Federal cost bluffs described in the reports designated in out by the Secretary substantially in accord- ance with the plans, and subject to the con- of $700,000. this paragraph as Clifton Avenue, area 3; (7) CHESAPEAKE AND DELAWARE CANAL, Bluff above Silver Street, area 6; Bluff above ditions, recommended in a favorable final re- port (or in the case of the project described MARYLAND AND DELAWARE.—The project for Natchez Under-the-Hill, area 7; and Madison navigation and safety improvements, Chesa- Street to State Street, area 4, at a total cost in paragraph (6), a favorable feasibility re- port) of the Chief of Engineers, if the report peake and Delaware Canal, Baltimore Harbor of $17,200,000, with an estimated Federal cost channels, Delaware and Maryland, at a total of $12,900,000 and an estimated non-Federal is completed not later than December 31, 1996: cost of $33,000,000, with an estimated Federal cost of $4,300,000. cost of $25,000,000 and an estimated non-Fed- (1) CHIGNIK, ALASKA.—The project for navi- (14) WOOD RIVER AT GRAND ISLAND, NE- eral cost of $8,000,000. BRASKA.—The project for flood control, Wood gation, Chignik, Alaska, at a total cost of $10,365,000, with an estimated Federal cost of (8) POPLAR ISLAND, MARYLAND.—The River at Grand Island, Nebraska: Report of project for beneficial use of clean dredged the Chief of Engineers, dated May 3, 1994, at $4,344,000 and an estimated non-Federal cost of $6,021,000. material in connection with the dredging of a total cost of $10,500,000, with an estimated Baltimore Harbor and connecting channels, Federal cost of $5,250,000 and an estimated (2) COOK INLET, ALASKA.—The project for navigation, Cook Inlet, Alaska, at a total Poplar Island, Maryland, at a total cost of non-Federal cost of $5,250,000. $307,000,000, with an estimated Federal cost (15) ATLANTIC COAST OF LONG ISLAND, NEW cost of $5,342,000, with an estimated Federal cost of $4,006,000 and an estimated non-Fed- of $230,000,000 and an estimated non-Federal YORK.—The project for hurricane and storm cost of $77,000,000. damage reduction, Atlantic Coast of Long Is- eral cost of $1,336,000. (9) LAS CRUCES, NEW MEXICO.—The project land from Jones Inlet to East Rockaway (3) AMERICAN RIVER WATERSHED, CALIFOR- for flood damage reduction, Las Cruces, New Inlet, Long Beach Island, New York: Report NIA.— Mexico, at a total cost of $8,278,000, with an of the Chief of Engineers, dated April 5, 1996, (A) IN GENERAL.—The project for flood estimated Federal cost of $5,494,000 and an at a total cost of $72,091,000, with an esti- damage reduction, American and Sac- estimated non-Federal cost of $2,784,000. mated Federal cost of $46,859,000 and an esti- ramento Rivers, California: Supplemental (10) CAPE FEAR RIVER, NORTH CAROLINA.— mated non-Federal cost of $25,232,000. Information Report for the American River The project for navigation, Cape Fear River (16) WILMINGTON HARBOR, CAPE FEAR-NORTH- Watershed Project, California, dated March deepening, North Carolina, at a total cost of EAST CAPE FEAR RIVERS, NORTH CAROLINA.— 1996, at a total cost of $57,300,000, with an es- $210,264,000, with an estimated Federal cost The project for navigation, Wilmington Har- timated Federal cost of $42,975,000 and an es- bor, Cape Fear-Northeast Cape Fear Rivers, timated non-Federal cost of $14,325,000, con- of $130,159,000 and an estimated non-Federal North Carolina: Report of the Chief of Engi- sisting of— cost of $80,105,000. neers, dated June 24, 1994, at a total cost of (i) approximately 24 miles of slurry wall in (11) CHARLESTON HARBOR, SOUTH CARO- $23,290,000, with an estimated Federal cost of the levees along the lower American River; LINA.—The project for navigation, Charles- $16,955,000 and an estimated non-Federal cost (ii) approximately 12 miles of levee modi- ton Harbor, South Carolina, at a total cost of of $6,335,000. fications along the east bank of the Sac- $116,639,000, with an estimated Federal cost of $72,798,000 and an estimated non-Federal (17) DUCK CREEK, OHIO.—The project for ramento River downstream from the flood control, Duck Creek, Cincinnati, Ohio: Natomas Cross Canal; cost of $43,841,000. Report of the Chief of Engineers, dated June (iii) 3 telemeter streamflow gauges up- SEC. 102. PROJECT MODIFICATIONS. 28, 1994, at a total cost of $15,408,000, with an stream from the Folsom Reservoir; and (a) MOBILE HARBOR, ALABAMA.—The undes- estimated Federal cost of $11,556,000 and an (iv) modifications to the flood warning sys- ignated paragraph under the heading ‘‘MO- estimated non-Federal cost of $3,852,000. tem along the lower American River. BILE HARBOR, ALABAMA’’ in section 201(a) of the Water Resources Development Act of (18) BIG SIOUX RIVER AND SKUNK CREEK AT (B) CREDIT TOWARD NON-FEDERAL SHARE.— 1986 (Public 99–662; 100 Stat. 4090) is amended SIOUX FALLS, SOUTH DAKOTA.—The project for The non-Federal interest shall receive credit by striking the first semicolon and all that flood control, Big Sioux River and Skunk toward the non-Federal share of project follows and inserting a period and the follow- Creek at Sioux Falls, South Dakota: Report costs for expenses that the non-Federal in- ing: ‘‘In disposing of dredged material from of the Chief of Engineers, dated June 30, 1994, terest incurs for design or construction of the project, the Secretary, after compliance at a total cost of $31,600,000, with an esti- any of the features authorized under this with applicable laws and after opportunity mated Federal cost of $23,600,000 and an esti- paragraph before the date on which Federal for public review and comment, may con- mated non-Federal cost of $8,000,000. funds are made available for construction of sider alternatives to disposal of such mate- (19) HOUSTON-GALVESTON NAVIGATION CHAN- the project. The amount of the credit shall rial in the Gulf of Mexico, including environ- NELS, TEXAS.—The project for navigation and be determined by the Secretary. mentally acceptable alternatives consisting environmental restoration, Houston-Gal- (C) INTERIM OPERATION.—Until such time as of beneficial uses of dredged material and en- veston Navigation Channels, Texas: Report a comprehensive flood control plan for the vironmental restoration.’’. of the Chief of Engineers, dated May 9, 1996, American River watershed has been imple- (b) SAN FRANCISCO RIVER AT CLIFTON, ARI- at a total cost of $508,757,000, with an esti- mented, the Secretary of the Interior shall ZONA.—If a favorable final report of the Chief mated Federal cost of $286,141,000 and an es- continue to operate the Folsom Dam and of Engineers is issued not later than Decem- timated non-Federal cost of $222,616,000. Reservoir to the variable 400,000/670,000 acre- ber 31, 1996, the project for flood control on (20) ATLANTIC INTRACOASTAL WATERWAY feet of flood control storage capacity and the San Francisco River at Clifton, Arizona, BRIDGE REPLACEMENT AT GREAT BRIDGE, shall extend the agreement between the Bu- authorized by section 101(a)(3) of the Water CHESAPEAKE, VIRGINIA.—The project for navi- reau of Reclamation and the Sacramento Resources Development Act of 1990 (Public gation at Great Bridge, Virginia Highway Area Flood Control Agency with respect to Law 101–640; 104 Stat. 4606), is modified to au- 168, over the Atlantic Intracoastal Waterway the watershed. thorize the Secretary to construct the H8738 CONGRESSIONAL RECORD — HOUSE July 30, 1996 project at a total cost of $21,100,000, with an of the Flood Control Act of 1965 (42 U.S.C. change report is issued not later than De- estimated Federal cost of $13,800,000 and an 1962d–5). cember 31, 1996, the project for hurricane estimated non-Federal cost of $7,300,000. (i) NORTH BRANCH OF CHICAGO RIVER, ILLI- damage prevention and flood control, (c) LOS ANGELES AND LONG BEACH HARBORS, NOIS.—The project for flood control for the Westwego to Harvey Canal, Louisiana, au- SAN PEDRO BAY, CALIFORNIA.—The project North Branch of the Chicago River, Illinois, thorized by section 401(b) of the Water Re- for navigation, Los Angeles and Long Beach authorized by section 401(a) of the Water Re- sources Development Act of 1986 (Public Law Harbors, San Pedro Bay, California, author- sources Development Act of 1986 (Public Law 99–662; 100 Stat. 4128), is modified to include ized by section 201 of the Water Resources 99–662; 100 Stat. 4115), is modified to author- the Lake Cataouatche area levee as part of Development Act of 1986 (Public Law 99–662; ize the Secretary to carry out the project the project at a total cost of $14,375,000, with 100 Stat. 4091), is modified to provide that, substantially in accordance with the post au- an estimated Federal cost of $9,344,000 and an for the purpose of section 101(a)(2) of the Act thorization change report for the project estimated non-Federal cost of $5,031,000. (33 U.S.C. 2211(a)(2)), the sewer outfall relo- dated March 1994, at a total cost of (p) TOLCHESTER CHANNEL, MARYLAND.—The cated over a distance of 4,458 feet by the Port $34,228,000, with an estimated Federal cost of project for navigation, Baltimore Harbor and of Los Angeles at a cost of approximately $20,905,000 and an estimated non-Federal cost Channels, Maryland, authorized by section $12,000,000 shall be considered to be a reloca- of $13,323,000. 101 of the River and Harbor Act of 1958 (Pub- tion. (j) HALSTEAD, KANSAS.—The project for lic Law 85–500; 72 Stat. 297), is modified to di- (d) OAKLAND HARBOR, CALIFORNIA.—The flood control, Halstead, Kansas, authorized rect the Secretary— projects for navigation, Oakland Outer Har- by section 401(a) of the Water Resources De- (1) to expedite review of potential straight- bor, California, and Oakland Inner Harbor, velopment Act of 1986 (Public Law 99–662; 100 ening of the channel at the Tolchester Chan- California, authorized by section 202(a) of the Stat. 4116), is modified to authorize the Sec- nel S-Turn; and Water Resources Development Act of 1986 retary to construct the project substantially (2) if before December 31, 1996, it is deter- (Public Law 99–662; 100 Stat. 4092), are modi- in accordance with the post authorization mined to be feasible and necessary for safe fied to combine the 2 projects into 1 project, change report for the project dated March and efficient navigation, to implement the to be designated as the Oakland Harbor, 1993, at a total cost of $11,100,000, with an es- straightening as part of project mainte- California, project. The Oakland Harbor, timated Federal cost of $8,325,000 and an esti- nance. California, project shall be carried out by the mated non-Federal cost of $2,775,000. (q) STILLWATER, MINNESOTA.—Not later Secretary substantially in accordance with (k) BAPTISTE COLLETTE BAYOU, LOUISI- than 1 year after the date of enactment of the plans and subject to the conditions rec- ANA.—The project for navigation, Mississippi this Act, the Secretary shall prepare a de- ommended in the reports designated for the River Outlets, Venice, Louisiana, authorized sign memorandum for the project authorized projects in the section, except that the non- by section 101 of the River and Harbor Act of by section 363 of the Water Resources Devel- Federal share of project cost and any avail- 1968 (Public Law 90–483; 82 Stat. 731), is modi- opment Act of 1992 (Public Law 102–580; 106 able credits toward the non-Federal share fied to provide for the extension of the 16- Stat. 4861). The design memorandum shall shall be calculated on the basis of the total foot deep (mean low gulf) by 250-foot wide include an evaluation of the Federal interest cost of the combined project. The total cost Baptiste Collette Bayou entrance channel to in construction of that part of the project of the combined project is $102,600,000, with approximately mile 8 of the Mississippi that includes the secondary flood wall, but an estimated Federal cost of $64,120,000 and River Gulf Outlet navigation channel at a shall not include an evaluation of the recon- an estimated non-Federal cost of $38,480,000. total estimated Federal cost of $80,000, in- struction and extension of the levee system (e) BROWARD COUNTY, FLORIDA.— cluding $4,000 for surveys and $76,000 for for which construction is scheduled to com- (1) IN GENERAL.—The Secretary shall pro- Coast Guard aids to navigation. mence in 1996. If the Secretary determines vide periodic beach nourishment for the (l) COMITE RIVER, LOUISIANA.—If a favor- that there is such a Federal interest, the Broward County, Florida, Hillsborough Inlet able final report of the Chief of Engineers is Secretary shall construct the secondary to Port Everglades (Segment II), shore pro- issued not later than December 31, 1996, the flood wall, or the most feasible alternative, tection project, authorized by section 301 of Comite River diversion project for flood con- at a total project cost of not to exceed the River and Harbor Act of 1965 (Public Law trol authorized as part of the project for $11,600,000. The Federal share of the cost 89–298; 79 Stat. 1090), through the year 2020. flood control, Amite River and Tributaries, shall be 75 percent. The beach nourishment shall be carried out Louisiana, by section 101(11) of the Water Re- (r) CAPE GIRARDEAU, MISSOURI.—The in accordance with the recommendations of sources Development Act of 1992 (Public Law project for flood control, Cape Girardeau, the section 934 study and reevaluation report 102–580; 106 Stat. 4802), is modified to author- Jackson Metropolitan Area, Missouri, au- for the project carried out under section 156 ize the Secretary to construct the project at thorized by section 401(a) of the Water Re- of the Water Resources Development Act of a total cost of $121,600,000, with an estimated sources Development Act of 1986 (Public Law 1976 (42 U.S.C. 1962d–5f) and approved by the Federal cost of $70,577,000 and an estimated 99–662; 100 Stat. 4118–4119), is modified to au- Chief of Engineers by memorandum dated non-Federal cost of $51,023,000. thorize the Secretary to carry out the June 9, 1995. (m) MISSISSIPPI RIVER SHIP CHANNEL, GULF project, including the implementation of (2) COSTS.—The total cost of the activities TO BATON ROUGE, LOUISIANA.—The project for nonstructural measures, at a total cost of required under this subsection shall not ex- navigation, Mississippi River Ship Channel, $44,700,000, with an estimated Federal cost of ceed $15,457,000, of which the Federal share Gulf to Baton Rouge, Louisiana, authorized $32,600,000 and an estimated non-Federal cost shall not exceed $9,846,000. by the matter under the heading ‘‘CORPS OF of $12,100,000. (f) CANAVERAL HARBOR, FLORIDA.—The ENGINEERS—CIVIL’’ under the heading ‘‘DE- (s) FLAMINGO AND TROPICANA WASHES, NE- project for navigation, Canaveral Harbor, PARTMENT OF DEFENSE—CIVIL’’ in chap- VADA.—The project for flood control, Las Florida, authorized by section 101(7) of the ter IV of title I of the Supplemental Appro- Vegas Wash and Tributaries (Flamingo and Water Resources Development Act of 1992 priations Act, 1985 (99 Stat. 313), is modified Tropicana Washes), Nevada, authorized by (Public Law 102–580; 106 Stat. 4802), is modi- to require the Secretary, as part of the oper- section 101(13) of the Water Resources Devel- fied to authorize the Secretary to reclassify ations and maintenance segment of the opment Act of 1992 (Public Law 102–580; 106 the removal and replacement of stone pro- project, to assume responsibility for periodic Stat. 4803), is modified to provide that the tection on both sides of the channel as gen- maintenance dredging of the Chalmette Slip Secretary shall reimburse the non-Federal eral navigation features of the project sub- to a depth of minus 33 feet mean low gulf, if sponsors (or other appropriate non-Federal ject to cost sharing in accordance with sec- the Secretary determines that the project interests) for the Federal share of any costs tion 101(a) of the Water Resources Develop- modification is economically justified, envi- that the non-Federal sponsors (or other ap- ment Act of 1986 (33 U.S.C. 2211(a)). The Sec- ronmentally acceptable, and consistent with propriate non-Federal interests) incur in car- retary may reimburse the non-Federal inter- other Federal policies. rying out the project consistent with the ests for such costs incurred by the non-Fed- (n) RED RIVER WATERWAY, MISSISSIPPI project cooperation agreement entered into eral interests in connection with the re- RIVER TO SHREVEPORT, LOUISIANA.—The with respect to the project. moval and replacement as the Secretary de- project for navigation, Red River Waterway, (t) NEWARK, NEW JERSEY.—The project for termines are in excess of the non-Federal Mississippi River to Shreveport, Louisiana, flood control, Passaic River Main Stem, New share of the costs of the project required authorized by section 101 of the River and Jersey and New York, authorized by para- under the section. Harbor Act of 1968 (Public Law 90–483; 82 graph (18) of section 101(a) of the Water Re- (g) FORT PIERCE, FLORIDA.—The Secretary Stat. 731), is modified to require the Sec- sources Development Act of 1990 (Public Law shall provide periodic beach nourishment for retary to dredge and perform other related 101–640; 104 Stat. 4607) (as amended by section the Fort Pierce beach erosion control work as required to reestablish and maintain 102(p) of the Water Resources Development project, St. Lucie County, Florida, author- access to, and the environmental value of, Act of 1992 (Public Law 102–580; 106 Stat. ized by section 301 of the River and Harbor the bendway channels designated for preser- 4807)), is modified to separate the project ele- Act of 1965 (Public Law 89–298; 79 Stat. 1092), vation in project documentation prepared ment described in subparagraph (B) of the through the year 2020. before the date of enactment of this Act. The paragraph. The project element shall be con- (h) TYBEE ISLAND, GEORGIA.—The Sec- work shall be carried out in accordance with sidered to be a separate project and shall be retary shall provide periodic beach nourish- the local cooperation requirements for other carried out in accordance with the subpara- ment for a period of up to 50 years for the navigation features of the project. graph. project for beach erosion control, Tybee Is- (o) WESTWEGO TO HARVEY CANAL, LOUISI- (u) ACEQUIAS IRRIGATION SYSTEM, NEW land, Georgia, constructed under section 201 ANA.—If a favorable post authorization MEXICO.—The second sentence of section July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8739 1113(b) of the Water Resources Development ley, Pennsylvania, authorized by section thorization change report for the project Act of 1986 (Public Law 99–662; 100 Stat. 4232) 401(a) of the Water Resources Development dated April 1994, at a total cost of $12,870,000, is amended by inserting before the period at Act of 1986 (Public Law 99–662; 100 Stat. 4124), with an estimated Federal cost of $8,580,000 the end the following: ‘‘, except that the Fed- is modified to authorize the Secretary— and an estimated non-Federal cost of eral share of scoping and reconnaissance (1) to include as part of the construction of $4,290,000. work carried out by the Secretary under this the project mechanical and electrical up- (hh) GRUNDY, VIRGINIA.—The Secretary section shall be 100 percent’’. grades to stormwater pumping stations in shall proceed with planning, engineering, de- (v) WILMINGTON HARBOR-NORTHEAST CAPE the Wyoming Valley; and sign, and construction of the Grundy, Vir- FEAR RIVER, NORTH CAROLINA.—The project (2) to carry out mitigation measures that ginia, element of the Levisa and Tug Forks for navigation, Wilmington Harbor-North- the Secretary is otherwise authorized to of the Big Sandy River and Upper Cum- east Cape Fear River, North Carolina, au- carry out but that the general design memo- berland River project, authorized by section thorized by section 202(a) of the Water Re- randum for phase II of the project, as ap- 202 of the Energy and Water Development sources Development Act of 1986 (Public Law proved by the Assistant Secretary of the Appropriation Act, 1981 (Public Law 96–367; 99–662; 100 Stat. 4095), is modified to author- Army having responsibility for civil works 94 Stat. 1339), in accordance with Plan 3A as ize the Secretary to construct the project on February 15, 1996, provides will be carried set forth in the preliminary draft detailed substantially in accordance with the general out for credit by the non-Federal interest project report of the Huntington District design memorandum for the project dated with respect to the project. Commander, dated August 1993. April 1990 and the general design memoran- (bb) ALLENDALE DAM, NORTH PROVIDENCE, (ii) HAYSI DAM, VIRGINIA AND KENTUCKY.— dum supplement for the project dated Feb- RHODE ISLAND.—The project for reconstruc- (1) IN GENERAL.—The Secretary shall con- ruary 1994, at a total cost of $50,921,000, with tion of the Allendale Dam, North Provi- struct the Haysi Dam feature of the project an estimated Federal cost of $25,128,000 and dence, Rhode Island, authorized by section authorized by section 202 of the Energy and an estimated non-Federal cost of $25,793,000. 358 of the Water Resources Development Act Water Development Appropriation Act, 1981 (w) BROKEN BOW LAKE, RED RIVER BASIN, of 1992 (Public Law 102–580; 106 Stat. 4861), is (Public Law 96–367; 94 Stat. 1339), substan- OKLAHOMA.—The project for flood control modified to authorize the Secretary to re- tially in accordance with Plan A as set forth and water supply, Broken Bow Lake, Red construct the dam, at a total cost of $350,000, in the preliminary draft general plan supple- River Basin, Oklahoma, authorized by sec- with an estimated Federal cost of $262,500 ment report of the Huntington District Engi- tion 203 of the Flood Control Act of 1958 and an estimated non-Federal cost of $87,500. neer for the Levisa Fork Basin, Virginia and (Public Law 85–500; 72 Stat. 309) and modified (cc) INDIA POINT RAILROAD BRIDGE, Kentucky, dated May 1995. by section 203 of the Flood Control Act of SEEKONK RIVER, PROVIDENCE, RHODE IS- (2) RECREATIONAL COMPONENT.—The non- 1962 (Public Law 87–874; 76 Stat. 1187) and sec- LAND.—The first sentence of section 1166(c) of Federal interest shall be responsible for not tion 102(v) of the Water Resources Develop- the Water Resources Development Act of more than 50 percent of the costs associated ment Act of 1992 (Public Law 102–580; 106 1986 (Public Law 99–662; 100 Stat. 4258) is with the construction and implementation of Stat. 4808), is further modified to provide for amended— the recreational component of the Haysi the reallocation of a sufficient quantity of (1) by striking ‘‘$500,000’’ and inserting Dam feature. water supply storage space in Broken Bow ‘‘$1,300,000’’; and (3) OPERATION AND MAINTENANCE.— Lake to support the Mountain Fork trout (2) by striking ‘‘$250,000’’ each place it ap- (A) IN GENERAL.—Subject to subparagraph fishery. Releases of water from Broken Bow pears and inserting ‘‘$650,000’’. (B), operation and maintenance of the Haysi (dd) CORPUS CHRISTI SHIP CHANNEL, CORPUS Lake for the Mountain Fork trout fishery as Dam feature shall be carried out by the Sec- CHRISTI, TEXAS.—The project for navigation, mitigation for the loss of fish and wildlife re- retary. Corpus Christi Ship Channel, Corpus Christi, sources in the Mountain Fork River shall be (B) PAYMENT OF COSTS.—The non-Federal Texas, authorized by the first section of the carried out at no expense to the State of interest shall be responsible for 100 percent Act entitled ‘‘An Act authorizing the con- Oklahoma. of all costs associated with the operation and (x) COLUMBIA RIVER DREDGING, OREGON AND struction, repair, and preservation of certain maintenance. WASHINGTON.—The project for navigation, public works on rivers and harbors, and for (4) ABILITY TO PAY.—Notwithstanding any Lower Willamette and Columbia Rivers other purposes’’, approved September 22, 1922 other provision of law, the Secretary shall below Vancouver, Washington and Portland, (42 Stat. 1039), is modified to include the apply section 103(m) of the Water Resources Oregon, authorized by the first section of the Rincon Canal system as a part of the Federal Development Act of 1986 (33 U.S.C. 2213(m)) Act entitled ‘‘An Act making appropriations project that shall be maintained at a depth to the construction of the Haysi Dam feature for the construction, repair, preservation, of 12 feet, if the Secretary determines that in the same manner as section 103(m) of the and completion of certain public works on the project modification is economically jus- Act is applied to other projects or project rivers and harbors, and for other purposes’’, tified, environmentally acceptable, and con- features constructed under section 202 of the approved June 18, 1878 (20 Stat. 157), is modi- sistent with other Federal policies. Energy and Water Development Appropria- fied to direct the Secretary— (ee) DALLAS FLOODWAY EXTENSION, DALLAS, tion Act, 1981 (Public Law 96–367; 94 Stat. (1) to conduct channel simulation and to TEXAS.—The flood protection works con- 1339). carry out improvements to the deep draft structed by the non-Federal interest along (jj) PETERSBURG, WEST VIRGINIA.—The channel between the mouth of the river and the Trinity River in Dallas, Texas, for Roch- project for flood control, Petersburg, West river mile 34, at a cost not to exceed ester Park and the Central Wastewater Virginia, authorized by section 101(a)(26) of $2,400,000; and Treatment Plant shall be included as a part the Water Resources Development Act of (2) to conduct overdepth and advance of the plan implemented for the Dallas 1990 (Public Law 101–640; 104 Stat. 4611), is maintenance dredging that is necessary to Floodway Extension component of the Trin- modified to authorize the Secretary to con- maintain authorized channel dimensions. ity River, Texas, project authorized by sec- struct the project at a total cost of not to ex- (y) GRAYS LANDING, LOCK AND DAM 7, tion 301 of the River and Harbor Act of 1965 ceed $26,600,000, with an estimated Federal MONONGAHELA RIVER, PENNSYLVANIA.—The (Public Law 89–298; 79 Stat. 1091). The cost of cost of $19,195,000 and an estimated non-Fed- project for navigation, Lock and Dam 7 Re- the works shall be credited toward the non- eral cost of $7,405,000. placement, Monongahela River, Pennsylva- Federal share of project costs without regard (kk) TETON COUNTY, WYOMING.—Section 840 nia, authorized by section 301(a) of the Water to further economic analysis of the works. of the Water Resources Development Act of Resources Development Act of 1986 (Public (ff) MATAGORDA SHIP CHANNEL, PORT 1986 (Public Law 99–662; 100 Stat. 4176) is Law 99–662; 100 Stat. 4110), is modified to au- LAVACA, TEXAS.—The project for navigation, amended— thorize the Secretary to carry out the Matagorda Ship Channel, Port Lavaca, (1) by striking ‘‘Secretary: Provided, That’’ project in accordance with the post author- Texas, authorized by section 101 of the River and inserting the following: ‘‘Secretary. In ization change report for the project dated and Harbor Act of 1958 (Public Law 85–500; 72 carrying out this section, the Secretary may September 1, 1995, at a total Federal cost of Stat. 298), is modified to require the Sec- enter into agreements with the non-Federal $181,000,000. retary to assume responsibility for the main- (z) SAW MILL RUN, PENNSYLVANIA.—The tenance of the Point Comfort Turning Basin sponsors permitting the non-Federal spon- project for flood control, Saw Mill Run, Expansion Area to a depth of 36 feet, as con- sors to provide operation and maintenance Pittsburgh, Pennsylvania, authorized by sec- structed by the non-Federal interests. The for the project on a cost-reimbursable basis. tion 401(a) of the Water Resources Develop- modification described in the preceding sen- The’’; ment Act of 1986 (Public Law 99–662; 100 Stat. tence shall be considered to be in the public (2) by inserting ‘‘, through providing in- 4124), is modified to authorize the Secretary interest and to be economically justified. kind services or’’ after ‘‘$35,000’’; and to carry out the project substantially in ac- (gg) UPPER JORDAN RIVER, UTAH.—The (3) by inserting a comma after ‘‘mate- cordance with the post authorization change project for flood control, Upper Jordan rials’’. and general reevaluation report for the River, Utah, authorized by section 101(a)(23) SEC. 103. PROJECT DEAUTHORIZATIONS. project, dated April 1994, at a total cost of of the Water Resources Development Act of (a) BRANFORD HARBOR, CONNECTICUT.— $12,780,000, with an estimated Federal cost of 1990 (Public Law 101–640; 104 Stat. 4610), is (1) IN GENERAL.—The 2,267 square foot por- $9,585,000 and an estimated non-Federal cost modified to authorize the Secretary to carry tion of the project for navigation in the of $3,195,000. out the project substantially in accordance Branford River, Branford Harbor, Connecti- (aa) WYOMING VALLEY, PENNSYLVANIA.— with the general design memorandum for the cut, authorized by the Act entitled ‘‘An Act The project for flood control, Wyoming Val- project dated March 1994, and the post au- making appropriations for the construction, H8740 CONGRESSIONAL RECORD — HOUSE July 30, 1996 repair, and preservation of certain public for other purposes’’, approved March 2, 1945 ers and harbors, and for other purposes’’, ap- works on rivers and harbors, and for other (59 Stat. 13), that are not included in the de- proved August 30, 1935 (49 Stat. 1029), is modi- purposes’’, approved June 13, 1902 (32 Stat. scription of the realigned channel and an- fied to reconfigure the turning basin in ac- 333), lying shoreward of a line described in chorage set forth in paragraph (2). cordance with the following alignment: be- paragraph (2), is deauthorized. (2) DESCRIPTION OF REALIGNED CHANNEL AND ginning at a point on the eastern limit of the (2) DESCRIPTION OF LINE.—The line referred ANCHORAGE.—The realigned 6-foot deep East existing project, N251052.93, E783934.59, to in paragraph (1) is described as follows: Norwalk Channel and Anchorage referred to thence running north 5 degrees, 25 minutes, beginning at a point on the authorized Fed- in paragraph (1)(B) is described as follows: 21.3 seconds east 341.06 feet to a point, eral navigation channel line the coordinates starting at a point on the East Norwalk N251392.46, E783966.82, thence running north of which are N156,181.32, E581,572.38, running Channel, N95743.02, E419581.37, thence run- 47 degrees, 24 minutes, 14.0 seconds west thence south 70 degrees, 11 minutes, 8 sec- ning northwesterly about 463.96 feet to a 268.72 feet to a point, N251574.34, E783769.00, onds west a distance of 171.58 feet to another point N96197.93, E419490.18, thence running thence running north 88 degrees, 41 minutes, point on the authorized Federal navigation northwesterly about 549.32 feet to a point 52.2 seconds west 249.06 feet to a point, channel line the coordinates of which are N96608.49, E419125.23, thence running north- N251580.00, E783520.00, thence running south N156,123.16, E581,410.96. westerly about 384.06 feet to a point 46 degrees, 16 minutes, 22.9 seconds west (b) BRIDGEPORT HARBOR, CONNECTICUT.— N96965.94, E418984.75, thence running north- 318.28 feet to a point, N251360.00, E783290.00, (1) ANCHORAGE AREA.—The portion of the westerly about 407.26 feet to a point thence running south 19 degrees, 1 minute, project for navigation, Bridgeport Harbor, N97353.87, E418860.78, thence running westerly 32.2 seconds east 306.76 feet to a point, Connecticut, authorized by section 101 of the about 58.26 feet to a point N97336.26, N251070.00, E783390.00, thence running south River and Harbor Act of 1958 (Public Law 85– E418805.24, thence running northwesterly 45 degrees, 0 minutes, 0 seconds, east 155.56 500; 72 Stat. 297), consisting of a 2-acre an- about 70.99 feet to a point N97390.30, feet to a point, N250960.00, E783500.00 on the chorage area with a depth of 6 feet at the E418759.21, thence running westerly about existing western limit. head of Johnsons River between the Federal 71.78 feet to a point on the anchorage limit (2) PAYMENT FOR INITIAL DREDGING.—Any channel and Hollisters Dam, is deauthorized. N97405.26, E418689.01, thence running south- required initial dredging of the widened por- (2) JOHNSONS RIVER CHANNEL.—The portion erly along the western limits of the Federal tions identified in paragraph (1) shall be car- of the project for navigation, Johnsons River anchorage in existence on the date of enact- ried out at no cost to the Federal Govern- Channel, Bridgeport Harbor, Connecticut, ment of this Act until reaching a point ment. authorized by the first section of the Act en- N95893.74, E419449.17, thence running in a (3) DEAUTHORIZATION.—The portions of the titled ‘‘An Act authorizing the construction, southwesterly direction about 78.74 feet to a turning basin that are not included in the repair, and preservation of certain public point on the East Norwalk Channel N95815.62, reconfigured turning basin described in para- works on rivers and harbors, and for other E419439.33. graph (1) are deauthorized. purposes’’, approved July 24, 1946 (60 Stat. (3) DESIGNATION OF REALIGNED CHANNEL AND (h) EAST BOOTHBAY HARBOR, MAINE.—The 634), that is northerly of a line across the ANCHORAGE.—All of the realigned channel following portion of the navigation project Federal channel the coordinates of which are shall be redesignated as an anchorage, with for East Boothbay Harbor, Maine, authorized north 123318.35, east 486301.68, and north the exception of the portion of the channel by the first section of the Act of June 25, 1910 123257.15, east 486380.77, is deauthorized. that narrows to a width of 100 feet and termi- (36 Stat. 631, chapter 382) (commonly referred (c) GUILFORD HARBOR, CONNECTICUT.— nates at a line the coordinates of which are to as the ‘‘River and Harbor Act of 1910’’), (1) IN GENERAL.—The portion of the project N96456.81, E419260.06 and N96390.37, E419185.32, containing approximately 1.15 acres and de- for navigation, Guilford Harbor, Connecti- which shall remain as a channel. scribed in accordance with the Maine State cut, authorized by the Act entitled ‘‘An Act (e) SOUTHPORT HARBOR, CONNECTICUT.— Coordinate System, West Zone, is deauthor- authorizing the construction, repair, and (1) IN GENERAL.—The following portions of ized: preservation of certain public works on riv- the project for navigation, Southport Har- Beginning at a point noted as point num- ers and harbors, and for other purposes’’, ap- bor, Connecticut, authorized by the first sec- ber 6 and shown as having plan coordinates proved March 2, 1945 (59 Stat. 13), that con- tion of the Act entitled ‘‘An Act authorizing of North 9, 722, East 9, 909 on the plan enti- sists of the 6-foot deep channel in Sluice the construction, repair, and preservation of tled, ‘‘East Boothbay Harbor, Maine, exam- Creek and that is not included in the descrip- certain public works on rivers and harbors, ination, 8-foot area’’, and dated August 9, tion of the realigned channel set forth in and for other purposes’’, approved August 30, 1955, Drawing Number F1251 D–6–2, said point paragraph (2) is deauthorized. 1935 (49 Stat. 1029), are deauthorized: having Maine State Coordinate System, (2) DESCRIPTION OF REALIGNED CHANNEL.— (A) The 6-foot deep anchorage located at West Zone coordinates of Northing 74514, The realigned channel referred to in para- the head of the project. Easting 698381; and graph (1) is described as follows: starting at (B) The portion of the 9-foot deep channel Thence, North 58 degrees, 12 minutes, 30 a point where the Sluice Creek Channel beginning at a bend in the channel the co- seconds East a distance of 120.9 feet to a intersects with the main entrance channel, ordinates of which are north 109131.16, east point; and N159194.63, E623201.07, thence running north 452653.32, running thence in a northeasterly Thence, South 72 degrees, 21 minutes, 50 24 degrees, 58 minutes, 15.2 seconds west direction about 943.01 feet to a point the co- seconds East a distance of 106.2 feet to a 478.40 feet to a point N159628.31, E622999.11, ordinates of which are north 109635.22, east point; and thence running north 20 degrees, 18 minutes, 453450.31, running thence in a southeasterly Thence, South 32 degrees, 04 minutes, 55 31.7 seconds west 351.53 feet to a point direction about 22.66 feet to a point the co- seconds East a distance of 218.9 feet to a N159957.99, E622877.10, thence running north ordinates of which are north 109617.15, east point; and 69 degrees, 41 minutes, 37.9 seconds east 55.00 453463.98, running thence in a southwesterly Thence, South 61 degrees, 29 minutes, 40 feet to a point N159977.08, E622928.69, thence direction about 945.18 feet to the point of be- seconds West a distance of 148.9 feet to a turning and running south 20 degrees, 18 ginning. point; and minutes, 31.0 seconds east 349.35 feet to a (2) REMAINDER.—The portion of the project Thence, North 35 degrees, 14 minutes, 12 point N159649.45, E623049.94, thence turning referred to in paragraph (1) that is remaining seconds West a distance of 87.5 feet to a and running south 24 degrees, 58 minutes, after the deauthorization made by the para- point; and 11.1 seconds east 341.36 feet to a point graph and that is northerly of a line the co- Thence, North 78 degrees, 30 minutes, 58 N159340.00, E623194.04, thence turning and ordinates of which are north 108699.15, east seconds West a distance of 68.4 feet to a running south 90 degrees, 0 minutes, 0 sec- 452768.36, and north 108655.66, east 452858.73, is point; and onds east 78.86 feet to a point N159340.00, redesignated as an anchorage. Thence, North 27 degrees, 11 minutes, 39 E623272.90. (f) STONY CREEK, CONNECTICUT.—The fol- seconds West a distance of 157.3 feet to the (d) NORWALK HARBOR, CONNECTICUT.— lowing portion of the project for navigation, point of beginning. (1) IN GENERAL.—The following portions of Stony Creek, Connecticut, authorized under (i) YORK HARBOR, MAINE.—The following projects for navigation, Norwalk Harbor, section 107 of the River and Harbor Act of portions of the project for navigation, York Connecticut, are deauthorized: 1960 (33 U.S.C. 577), located in the 6-foot deep Harbor, Maine, authorized by section 101 of (A) The portion authorized by the Act enti- maneuvering basin, is deauthorized: begin- the River and Harbor Act of 1960 (Public Law tled ‘‘An Act making appropriations for the ning at coordinates N157,031.91, E599,030.79, 86–645; 74 Stat. 480), are deauthorized: construction, repair, and preservation of cer- thence running northeasterly about 221.16 (1) The portion located in the 8-foot deep tain public works on rivers and harbors, and feet to coordinates N157,191.06, E599,184.37, anchorage area beginning at coordinates for other purposes’’, approved March 2, 1919 thence running northerly about 162.60 feet to N109340.19, E372066.93, thence running north (40 Stat. 1276), that lies northerly of a line coordinates N157,353.56, E599,189.99, thence 65 degrees, 12 minutes, 10.5 seconds east across the Federal channel having coordi- running southwesterly about 358.90 feet to 423.27 feet to a point N109517.71, E372451.17, nates N104199.72, E417774.12 and N104155.59, the point of beginning. thence running north 28 degrees, 42 minutes, E417628.96. (g) THAMES RIVER, CONNECTICUT.— 58.3 seconds west 11.68 feet to a point (B) The portions of the 6-foot deep East (1) MODIFICATION.—The project for naviga- N109527.95, E372445.56, thence running south Norwalk Channel and Anchorage, authorized tion, Thames River, Connecticut, authorized 63 degrees, 37 minutes, 24.6 seconds west by the Act entitled ‘‘An Act authorizing the by the first section of the Act entitled ‘‘An 422.63 feet to the point of beginning. construction, repair, and preservation of cer- Act authorizing the construction, repair, and (2) The portion located in the 8-foot deep tain public works on rivers and harbors, and preservation of certain public works on riv- anchorage area beginning at coordinates July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8741 N108557.24, E371645.88, thence running south town Harbor, New York, authorized by the (II) An agreement specifying that the lands 60 degrees, 41 minutes, 17.2 seconds east first section of the Act entitled ‘‘An Act au- transferred under subparagraphs (A) and (B) 484.51 feet to a point N108320.04, E372068.36, thorizing the construction, repair, and pres- shall be preserved in a natural state and de- thence running north 29 degrees, 12 minutes, ervation of certain public works on rivers veloped only to the extent necessary to en- 53.3 seconds east 15.28 feet to a point and harbors, and for other purposes’’, ap- hance outdoor recreational and educational N108333.38, E372075.82, thence running north proved January 21, 1927 (44 Stat. 1014), that opportunities. 62 degrees, 29 minutes, 42.1 seconds west lies north of the northern boundary of Mor- (III) An agreement specifying the terms 484.73 feet to the point of beginning. ris Street extended is deauthorized. and conditions of a plan for the management (j) COHASSET HARBOR, MASSACHUSETTS.— (n) OSWEGATCHIE RIVER, OGDENSBURG, NEW of the lands to be transferred under subpara- The following portions of the project for YORK.—The portion of the Federal channel in graphs (A) and (B). navigation, Cohasset Harbor, Massachusetts, the Oswegatchie River in Ogdensburg, New (IV) A provision requiring a review of the authorized by section 2 of the Act entitled York, from the southernmost alignment of plan referred to in subclause (III) to be con- ‘‘An Act authorizing the construction, re- the Route 68 bridge, upstream to the north- ducted every 10 years under which the State pair, and preservation of certain public ernmost alignment of the Lake Street of Wisconsin, acting through the Kickapoo works on rivers and harbors, and for other bridge, is deauthorized. Valley Governing Board, and the Ho-Chunk purposes’’, approved March 2, 1945 (59 Stat. (o) APPONAUG COVE, RHODE ISLAND.—The Nation may agree to revisions of the plan in 12), or carried out pursuant to section 107 of following portion of the project for naviga- order to address changed circumstances on the River and Harbor Act of 1960 (33 U.S.C. tion, Apponaug Cove, Rhode Island, author- the lands transferred under subparagraphs 577), are deauthorized: a 7-foot deep anchor- ized by section 101 of the River and Harbor (A) and (B). The provision may include a age and a 6-foot deep anchorage; beginning Act of 1960 (Public Law 86–645; 74 Stat. 480), plan for the transfer to the Secretary of the at site 1, beginning at a point N453510.15, consisting of the 6-foot deep channel, is de- Interior of any additional site discovered to E792664.63, thence running south 53 degrees 07 authorized: beginning at a point, N223269.93, be culturally and religiously significant to minutes 05.4 seconds west 307.00 feet to a E513089.12, thence running northwesterly to a the Ho-Chunk Nation. point N453325.90, E792419.07, thence running point N223348.31, E512799.54, thence running (V) An agreement preventing or limiting north 57 degrees 56 minutes 36.8 seconds west southwesterly to a point N223251.78, the public disclosure of the location or exist- 201.00 feet to a point N453432.58, E792248.72, E512773.41, thence running southeasterly to a ence of each site of particular cultural or re- thence running south 88 degrees 57 minutes point N223178.00, E513046.00, thence running ligious significance to the Ho-Chunk Nation, 25.6 seconds west 50.00 feet to a point northeasterly to the point of beginning. if public disclosure would jeopardize the cul- N453431.67, E792198.73, thence running north (p) KICKAPOO RIVER, WISCONSIN.— tural or religious integrity of the site. (1) PROJECT MODIFICATION.—The project for 01 degree 02 minutes 52.3 seconds west 66.71 (D) ADMINISTRATION OF LANDS.—The lands feet to a point N453498.37, E792197.51, thence flood control and allied purposes, Kickapoo transferred to the Secretary of the Interior running north 69 degrees 12 minutes 52.3 sec- River, Wisconsin, authorized by section 203 under subparagraph (B), and any lands trans- onds east 332.32 feet to a point N453616.30, of the Flood Control Act of 1962 (Public Law ferred to the Secretary of the Interior under E792508.20, thence running south 55 degrees 50 87–874; 76 Stat. 1190), as modified by section the memorandum of understanding entered minutes 24.1 seconds east 189.05 feet to point 814 of the Water Resources Development Act into under subparagraph (C), or under any of origin; then site 2, beginning at a point, of 1986 (Public Law 99–662; 100 Stat. 4169), is revision of the memorandum of understand- N452886.64, E791287.83, thence running south further modified as provided by this sub- ing agreed to under subparagraph (C)(ii)(IV), 00 degrees 00 minutes 00.0 seconds west 56.04 section. shall be held in trust by the United States feet to a point, N452830.60, E791287.83, thence (2) TRANSFERS OF PROPERTY.— for, and added to and administered as part of running north 90 degrees 00 minutes 00.0 sec- (A) TRANSFER TO STATE OF WISCONSIN.— the reservation of, the Ho-Chunk Nation. onds west 101.92 feet to a point, N452830.60, Subject to the requirements of this para- (E) LAND DESCRIPTION.—The lands referred E791185.91, thence running north 52 degrees 12 graph, the Secretary shall transfer to the to in subparagraphs (A) and (B) are the ap- minutes 49.7 seconds east 89.42 feet to a State of Wisconsin, without consideration, proximately 8,569 acres of land associated point, N452885.39, E791256.58, thence running all right, title, and interest of the United with the LaFarge Dam and Lake portion of north 87 degrees 42 minutes 33.8 seconds east States in and to the lands described in sub- the project referred to in paragraph (1) in 31.28 feet to point of origin; and site 3, begin- paragraph (E), including all works, struc- Vernon County, Wisconsin, in the following ning at a point, N452261.08, E792040.24, thence tures, and other improvements to the lands, sections: running north 89 degrees 07 minutes 19.5 sec- but excluding lands transferred under sub- (i) Section 31, Township 14 North, Range 1 onds east 118.78 feet to a point, N452262.90, paragraph (B). West of the 4th Principal Meridian. E792159.01, thence running south 43 degrees 39 (B) TRANSFER TO SECRETARY OF THE INTE- (ii) Sections 2 through 11, and 16, 17, 20, and minutes 06.8 seconds west 40.27 feet to a RIOR.—Subject to the requirements of this 21, Township 13 North, Range 2 West of the point, N452233.76, E792131.21, thence running paragraph, on the date of the transfer under 4th Principal Meridian. north 74 degrees 33 minutes 29.1 seconds west subparagraph (A), the Secretary shall trans- 94.42 feet to a point, N452258.90, E792040.20, (iii) Sections 15, 16, 21 through 24, 26, 27, 31, fer to the Secretary of the Interior, without thence running north 01 degree 03 minutes and 33 through 36, Township 14 North, Range consideration, all right, title, and interest of 04.3 seconds east 2.18 feet to point of origin. 2 West of the 4th Principal Meridian. the United States in and to lands that are (k) FALL RIVER HARBOR, MASSACHUSETTS (3) TRANSFER OF FLOWAGE EASEMENTS.—The AND RHODE ISLAND.—The project for naviga- culturally and religiously significant sites of Secretary shall transfer to the owner of the tion, Fall River Harbor, Massachusetts and the Ho-Chunk Nation (a federally recognized servient estate, without consideration, all Rhode Island, authorized by section 101 of Indian tribe) and are located within the right, title, and interest of the United States the River and Harbor Act of 1968 (Public Law lands described in subparagraph (E). The in and to each flowage easement acquired as 90–483; 82 Stat. 731), is modified to provide lands shall be described in accordance with part of the project referred to in paragraph that alteration of the drawspan of the subparagraph (C)(ii)(I) and may not exceed a (1) within Township 14 North, Range 2 West Brightman Street Bridge to provide a chan- total of 1,200 acres. of the 4th Principal Meridian, Vernon Coun- nel width of 300 feet shall not be required (C) TERMS AND CONDITIONS.— ty, Wisconsin. after the date of enactment of this Act. (i) IN GENERAL.—The Secretary shall make (4) DEAUTHORIZATION.—The LaFarge Dam (l) COCHECO RIVER, NEW HAMPSHIRE.— the transfers under subparagraphs (A) and and Lake portion of the project referred to in (1) IN GENERAL.—The portion of the project (B) only if— paragraph (1) is not authorized after the date for navigation, Cocheco River, New Hamp- (I) the State of Wisconsin enters into a of the transfers under paragraph (2). shire, authorized by the first section of the written agreement with the Secretary to (5) INTERIM MANAGEMENT AND MAINTE- Act entitled ‘‘An Act making appropriations hold the United States harmless from all NANCE.—The Secretary shall continue to for the construction, repair, and preserva- claims arising from or through the operation manage and maintain the LaFarge Dam and tion of certain public works on rivers and of lands and improvements subject to the Lake portion of the project referred to in harbors, and for other purposes’’, approved transfer under subparagraph (A); and paragraph (1) until the date of the transfers September 19, 1890 (26 Stat. 436), and consist- (II) on or before October 30, 1997, the State under paragraph (2). ing of a 7-foot deep channel that lies north- of Wisconsin enters into and submits to the SEC. 104. STUDIES. erly of a line the coordinates of which are Secretary a memorandum of understanding, (a) RED RIVER, ARKANSAS.—The Secretary N255292.31, E713095.36, and N255334.51, as specified in clause (ii), with the tribal or- shall— E713138.01, is deauthorized. ganization (as defined in section 4 of the In- (1) conduct a study to determine the fea- (2) MAINTENANCE DREDGING.—Not later dian Self-Determination and Education As- sibility of carrying out a project to permit than 18 months after the date of enactment sistance Act (25 U.S.C. 450b) of the Ho-Chunk navigation on the Red River in southwest of this Act, the Secretary shall perform Nation. Arkansas; and maintenance dredging for the remaining au- (ii) MEMORANDUM OF UNDERSTANDING.—The (2) in conducting the study, analyze re- thorized portions of the Federal navigation memorandum of understanding referred to in gional economic benefits that were not in- channel under the project described in para- clause (i)(II) shall contain, at a minimum, cluded in the limited economic analysis con- graph (1) to restore authorized channel di- the following: tained in the reconnaissance report for the mensions. (I) A description of sites and associated project dated November 1995. (m) MORRISTOWN HARBOR, NEW YORK.—The lands to be transferred to the Secretary of (b) BEAR CREEK DRAINAGE, SAN JOAQUIN portion of the project for navigation, Morris- the Interior under subparagraph (B). COUNTY, CALIFORNIA.—The Secretary shall H8742 CONGRESSIONAL RECORD — HOUSE July 30, 1996

conduct a review of the Bear Creek Drainage, Protection Agency and the ongoing water- (s) COLUMBIA SLOUGH, OREGON.—Not later San Joaquin County, California, flood con- shed study by the Agency of the Savannah than 2 years after the date of enactment of trol project, authorized by section 10 of the River Basin. this Act, the Secretary shall complete a fea- Act entitled ‘‘An Act authorizing the con- (j) BAYOU BLANC, CROWLEY, LOUISIANA.— sibility study for the ecosystem restoration struction of certain public works on rivers The Secretary shall conduct a reconnais- project at Columbia Slough, Oregon, as re- and harbors for flood control, and for other sance study to determine the Federal inter- ported in the August 1993 Revised Reconnais- purposes’’, approved December 22, 1944 (58 est in the construction of a bulkhead system, sance Study. The study shall be a dem- Stat. 901), to develop a comprehensive plan consisting of either steel sheet piling with onstration study done in coordination with for additional flood damage reduction meas- tiebacks or concrete, along the embankment the Environmental Protection Agency. ures for the city of Stockton, California, and of Bayou Blanc, Crowley, Louisiana, in order (t) WILLAMETTE RIVER, OREGON.—The Sec- surrounding areas. to alleviate slope failures and erosion prob- retary shall conduct a study to determine (c) LAKE ELSINORE, RIVERSIDE COUNTY, lems in a cost-effective manner. the Federal interest in carrying out a non- CALIFORNIA.—Not later than 18 months after (k) HACKBERRY INDUSTRIAL SHIP CHANNEL structural flood control project along the the date of enactment of this Act, the Sec- PARK, LOUISIANA.—The Secretary shall in- Willamette River, Oregon, for the purposes retary shall— corporate the area of Hackberry, Louisiana, of floodplain and ecosystem restoration. (1) conduct a study of the advisability of as part of the overall study of the Lake (u) LACKAWANNA RIVER AT SCRANTON, modifying, for the purpose of flood control Charles ship channel, bypass channel, and PENNSYLVANIA.—Not later than 90 days after pursuant to section 205 of the Flood Control general anchorage area in Louisiana, to ex- the date of enactment of this Act, the Sec- Act of 1948 (33 U.S.C. 701s), the Lake plore the possibility of constructing addi- retary shall— Elsinore, Riverside County, California, flood tional anchorage areas. (1) review the report entitled ‘‘Report of control project, for water conservation stor- (l) CITY OF NORTH LAS VEGAS, CLARK COUN- the Chief of Engineers: Lackawanna River at age up to an elevation of 1,249 feet above TY, NEVADA.—The Secretary shall conduct a Scranton, Pennsylvania’’, dated June 29, mean sea level; and reconnaissance study to determine the Fed- 1992, to determine whether changed condi- (2) report to Congress on the study, includ- eral interest in channel improvements in tions in the Diamond Plot and Green Ridge ing making recommendations concerning the channel A of the North Las Vegas Wash in sections, Scranton, Pennsylvania, would re- advisability of so modifying the project. the city of North Las Vegas, Nevada, for the sult in an economically justified flood dam- (d) LONG BEACH, CALIFORNIA.—The Sec- purpose of flood control. age reduction project at those locations; and retary shall review the feasibility of naviga- (m) LOWER LAS VEGAS WASH WETLANDS, (2) submit to Congress a report on the re- tion improvements at Long Beach Harbor, CLARK COUNTY, NEVADA.—The Secretary sults of the review. shall conduct a study to determine the fea- California, including widening and deepening (v) CHARLESTON, SOUTH CAROLINA.—The sibility of the restoration of wetlands in the of the navigation channel, as provided for in Secretary shall conduct a study of the Lower Las Vegas Wash, Nevada, for the pur- section 201(b) of the Water Resources Devel- Charleston, South Carolina, estuary area lo- poses of erosion control and environmental opment Act of 1986 (Public Law 99–662; 100 cated in Charleston, Berkeley, and Dor- restoration. Stat. 4091). The Secretary shall complete the chester Counties, South Carolina, for the (n) NORTHERN NEVADA.—The Secretary purpose of evaluating environmental condi- report not later than 1 year after the date of shall conduct reconnaissance studies, in the tions in the tidal reaches of the Ashley, Coo- enactment of this Act. State of Nevada, of— (e) MORMON SLOUGH/CALAVERAS RIVER, per, Stono, and Wando Rivers and the lower (1) the Humboldt River, and the tributaries CALIFORNIA.—The Secretary shall conduct a portions of Charleston Harbor. and outlets of the river; review of the Mormon Slough/Calaveras (w) OAHE DAM TO LAKE SHARPE, SOUTH DA- (2) the Truckee River, and the tributaries River, California, flood control project, au- KOTA.—Not later than 2 years after the date and outlets of the river; thorized by section 10 of the Act entitled of enactment of this Act, the Secretary (3) the Carson River, and the tributaries ‘‘An Act authorizing the construction of cer- shall— and outlets of the river; and tain public works on rivers and harbors for (1) conduct a study to determine the fea- (4) the Walker River, and the tributaries flood control, and for other purposes’’, ap- sibility of sediment removal and control in and outlets of the river; the area of the Missouri River downstream of proved December 22, 1944 (58 Stat. 902), to de- in order to determine the Federal interest in Oahe Dam through the upper reaches of Lake velop a comprehensive plan for additional flood control, environmental restoration, Sharpe, including the lower portion of the flood damage reduction measures for the conservation of fish and wildlife, recreation, Bad River, South Dakota; city of Stockton, California, and surrounding water conservation, water quality, and toxic (2) develop a comprehensive sediment re- areas. and radioactive waste. (f) MURRIETA CREEK, RIVERSIDE COUNTY, (o) BUFFALO HARBOR, NEW YORK.—The Sec- moval and control plan for the area— CALIFORNIA.—The Secretary shall review the retary shall determine the feasibility of ex- (A) based on the assessment by the study completed feasibility study of the Riverside cavating the inner harbor and constructing of the dredging, estimated costs, and time County Flood Control and Water Conserva- the associated bulkheads in Buffalo Harbor, required to remove sediment from affected tion District, including identified alter- New York. areas in Lake Sharpe; natives, concerning Murrieta Creek from (p) COEYMANS, NEW YORK.—The Secretary (B)(i) based on the identification by the Temecula to Wildomar, Riverside County, shall conduct a reconnaissance study to de- study of high erosion areas in the Bad River California, to determine the Federal interest termine the Federal interest in reopening channel; and in participating in a project for flood con- the secondary channel of the Hudson River (ii) including recommendations and related trol. in the town of Coeymans, New York, which costs for such of the areas as are in need of (g) PINE FLAT DAM FISH AND WILDLIFE has been narrowed by silt as a result of the stabilization and restoration; and HABITAT RESTORATION, CALIFORNIA.—The construction of Coeymans middle dike by (C)(i) based on the identification by the Secretary shall study the feasibility of fish the Army Corps of Engineers. study of shoreline erosion areas along Lake and wildlife habitat improvement measures (q) SHINNECOCK INLET, NEW YORK.—Not Sharpe; and identified for further study by the Pine Flat later than 2 years after the date of enact- (ii) including recommended options for the Dam Fish and Wildlife Habitat Restoration ment of this Act, the Secretary shall con- stabilization and restoration of the areas; Investigation Reconnaissance Report. duct a reconnaissance study in Shinnecock (3) use other non-Federal engineering anal- (h) WEST DADE, FLORIDA.—The Secretary Inlet, New York, to determine the Federal yses and related studies in determining the shall conduct a reconnaissance study to de- interest in constructing a sand bypass sys- feasibility of sediment removal and control termine the Federal interest in using the tem, or other appropriate alternative, for the as described in paragraph (1); and West Dade, Florida, reuse facility to increase purposes of allowing sand to flow in the nat- (4) credit the costs of the non-Federal engi- the supply of surface water to the Everglades ural east-to-west pattern of the sand and neering analyses and studies referred to in in order to enhance fish and wildlife habitat. preventing the further erosion of the beaches paragraphs (2) and (3) toward the non-Fed- (i) SAVANNAH RIVER BASIN COMPREHENSIVE west of the inlet and the shoaling of the eral share of the feasibility study conducted WATER RESOURCES STUDY.— inlet. under paragraph (1). (1) IN GENERAL.—The Secretary shall con- (r) KILL VAN KULL AND NEWARK BAY CHAN- (x) MUSTANG ISLAND, CORPUS CHRISTI, duct a comprehensive study to address the NELS, NEW YORK AND NEW JERSEY.—The Sec- TEXAS.—The Secretary shall conduct a study current and future needs for flood damage retary shall continue engineering and design of navigation along the south-central coast prevention and reduction, water supply, and in order to complete the navigation project of Texas near Corpus Christi for the purpose other related water resources needs in the at Kill Van Kull and Newark Bay Channels, of determining the feasibility of construct- Savannah River Basin. New York and New Jersey, authorized to be ing and maintaining the Packery Channel on (2) SCOPE.—The scope of the study shall be constructed in the Supplemental Appropria- the southern portion of Mustang Island. limited to an analysis of water resources is- tions Act, 1985 (Public Law 99–88; 99 Stat. (y) ASHLEY CREEK, UTAH.—The Secretary is sues that fall within the traditional civil 313), and section 202(a) of the Water Re- authorized to study the feasibility of under- works missions of the Army Corps of Engi- sources Development Act of 1986 (Public Law taking a project for fish and wildlife restora- neers. 99–662; 100 Stat. 4095), described in the gen- tion at Ashley Creek, near Vernal, Utah. (3) COORDINATION.—Notwithstanding para- eral design memorandum for the project, and (z) PRINCE WILLIAM COUNTY, VIRGINIA.—The graph (2), the Secretary shall ensure that the approved in the Report of the Chief of Engi- Secretary shall conduct a study of flooding, study is coordinated with the Environmental neers dated December 14, 1981. erosion, and other water resource problems July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8743

in Prince William County, Virginia, includ- Broadway Closure Structure modification re- (2) SOUTH FLORIDA ECOSYSTEM.—The term ing an assessment of the wetland protection, port for the project, dated February 1994; and ‘‘South Florida ecosystem’’ means the Flor- erosion control, and flood damage reduction (2) fish stocking activities carried out by ida Everglades restoration area that includes needs of the county. the non-Federal interests for the project. lands and waters within the boundary of the (aa) PACIFIC REGION.—The Secretary shall SEC. 204. WHITE RIVER BASIN LAKES, ARKANSAS South Florida Water Management District, conduct studies in the interest of navigation AND MISSOURI. the Florida Keys, and the near-shore coastal in the part of the Pacific Region that in- The project for flood control and power waters of South Florida. cludes American Samoa, Guam, and the generation at White River Basin Lakes, Ar- (3) TASK FORCE.—The term ‘‘Task Force’’ Commonwealth of the Northern Mariana Is- kansas and Missouri, authorized by section 4 means the South Florida Ecosystem Res- lands. For the purpose of this subsection, the of the Act entitled ‘‘An Act authorizing the toration Task Force established by sub- cost-sharing requirements of section 105 of construction of certain public works on riv- section (c). the Water Resources Development Act of ers and harbors for flood control, and for (b) SOUTH FLORIDA ECOSYSTEM RESTORA- 1986 (33 U.S.C. 2215) shall apply. other purposes’’, approved June 28, 1938 (52 TION.— (bb) MORGANZA, LOUISIANA TO THE GULF OF Stat. 1218), shall include recreation and fish (1) MODIFICATIONS TO CENTRAL AND SOUTH- MEXICO.— and wildlife mitigation as purposes of the ERN FLORIDA PROJECT.— (1) STUDY.—The Secretary shall conduct a project, to the extent that the purposes do (A) DEVELOPMENT.—The Secretary shall, if study of the environmental, flood control not adversely impact flood control, power necessary, develop modifications to the and navigational impacts associated with generation, or other authorized purposes of project for Central and Southern Florida, au- the construction of a lock structure in the the project. thorized by section 203 of the Flood Control Houma Navigation Canal as an independent SEC. 205. CENTRAL AND SOUTHERN FLORIDA. feature of the overall flood damage preven- Act of 1948 (62 Stat. 1176), to restore, pre- The project for Central and Southern Flor- serve, and protect the South Florida eco- tion study currently being conducted under ida, authorized by section 203 of the Flood system and to provide for the water-related the Morganza, Louisiana to the Gulf of Mex- Control Act of 1968 (Public Law 90–483; 82 needs of the region. ico feasibility study. In preparing such Stat. 740), is modified, subject to the avail- (B) CONCEPTUAL PLAN.— study, the Secretary shall consult the South ability of appropriations, to authorize the (i) IN GENERAL.—The modifications under Terrebonne Tidewater Management and Con- Secretary to implement the recommended subparagraph (A) shall be set forth in a con- servation District and consider the District’s plan of improvement contained in a report ceptual plan prepared in accordance with Preliminary Design Document, dated Feb- entitled ‘‘Central and Southern Florida clause (ii) and adopted by the Task Force ruary 1994. Further, the Secretary shall Project, Final Integrated General Reevalua- (referred to in this section as the ‘‘concep- evaluate the findings of the Coastal Wet- tion Report and Environmental Impact tual plan’’). lands Planning, Protection and Restoration Statement, Canal 111 (C–111), South Dade (ii) BASIS FOR CONCEPTUAL PLAN.—The con- Federal Task Force, as authorized by Public County, Florida’’, dated May 1994 (including Law 101–646, relating to the lock structure. acquisition of such portions of the Frog Pond ceptual plan shall be based on the rec- (2) REPORT.—The Secretary shall transmit and Rocky Glades areas as are needed for the ommendations specified in the draft report to Congress a report on the results of the project), at a total cost of $156,000,000. The entitled ‘‘Conceptual Plan for the Central study conducted under paragraph (1), to- Federal share of the cost of implementing and Southern Florida Project Restudy’’, pub- gether with recommendations on immediate the plan of improvement shall be 50 percent. lished by the Governor’s Commission for a implementation not later than 6 months The Secretary of the Interior shall pay 25 Sustainable South Florida and dated June 4, after the enactment of this Act. percent of the cost of acquiring such por- 1996. (C) INTEGRATION OF OTHER ACTIVITIES.—Res- TITLE II—PROJECT-RELATED PROVISIONS tions of the Frog Pond and Rocky Glades areas as are needed for the project, which toration, preservation, and protection of the SEC. 201. GRAND PRAIRIE REGION AND BAYOU South Florida ecosystem shall include a METO BASIN, ARKANSAS. amount shall be included in the Federal comprehensive science-based approach that The project for flood control and water share. The non-Federal share of the oper- supply, Grand Prairie Region and Bayou ation and maintenance costs of the improve- integrates ongoing Federal and State efforts, Meto Basin, Arkansas, authorized by section ments undertaken pursuant to this section including— 204 of the Flood Control Act of 1950 (64 Stat. shall be 100 percent, except that the Federal (i) the project for the ecosystem restora- 174) and deauthorized under section 1001(b)(1) Government shall reimburse the non-Federal tion of the Kissimmee River, Florida, au- of the Water Resources Development Act of interest in an amount equal to 60 percent of thorized by section 101 of the Water Re- 1986 (33 U.S.C. 579a(b)(1)), is authorized to be the costs of operating and maintaining pump sources Development Act of 1992 (Public Law carried out by the Secretary if, not later stations that pump water into Taylor Slough 102–580; 106 Stat. 4802); than 1 year after the date of enactment of in Everglades National Park. (ii) the project for flood protection, West this Act, the Secretary submits a report to SEC. 206. WEST PALM BEACH, FLORIDA. Palm Beach Canal, Florida (canal C–51), au- Congress that— The project for flood protection of West thorized by section 203 of the Flood Control (1) describes necessary modifications to Palm Beach, Florida (C–51), authorized by Act of 1962 (Public Law 87–874; 76 Stat. 1183), the project that are consistent with the section 203 of the Flood Control Act of 1962 as modified by section 205 of this Act; functions of the Army Corps of Engineers; (Public Law 87–874; 76 Stat. 1183), is modified (iii) the project for modifications to im- and to provide for the construction of an en- prove water deliveries into Everglades Na- (2) contains recommendations concerning larged stormwater detention area, Storm tional Park authorized by section 104 of the which Federal agencies (such as the Natural Water Treatment Area 1 East, generally in Everglades National Park Protection and Resources Conservation Service, the United accordance with the plan of improvements Expansion Act of 1989 (16 U.S.C. 410r–8); States Fish and Wildlife Service, the Bureau described in the February 15, 1994, report en- (iv) the project for Central and Southern of Reclamation, and the United States Geo- titled ‘‘Everglades Protection Project, Palm Florida authorized by section 203 of the logical Survey) are most appropriate to have Beach County, Florida, Conceptual Design’’, Flood Control Act of 1968 (Public Law 90–483; responsibility for carrying out the project. prepared by Burns and McDonnell, and as 82 Stat. 740), as modified by section 204 of SEC. 202. HEBER SPRINGS, ARKANSAS. further described in detailed design docu- this Act; (a) IN GENERAL.—The Secretary shall enter ments to be approved by the Secretary. The (v) activities under the Florida Keys Na- into an agreement with the city of Heber additional work authorized by this section tional Marine Sanctuary and Protection Act Springs, Arkansas, to provide 3,522 acre-feet shall be accomplished at full Federal cost in (Public Law 101–65; 16 U.S.C. 1433 note); and of water supply storage in Greers Ferry recognition of the water supply benefits ac- (vi) the Everglades construction project Lake, Arkansas, for municipal and industrial cruing to the Loxahatchee National Wildlife implemented by the State of Florida under purposes, at no cost to the city. Refuge and the Everglades National Park the Everglades Forever Act of the State of (b) NECESSARY FACILITIES.—The city of and in recognition of the statement in sup- Florida. Heber Springs shall be responsible for 100 port of the Everglades restoration effort set (2) IMPROVEMENT OF WATER MANAGEMENT percent of the costs of construction, oper- forth in the document signed by the Sec- FOR ECOSYSTEM RESTORATION.—The improve- ation, and maintenance of any intake, trans- retary of the Interior and the Secretary in ment of water management, including im- mission, treatment, or distribution facility July 1993. Operation and maintenance of the provement of water quality for ecosystem necessary for utilization of the water supply. stormwater detention area shall be consist- restoration, preservation, and protection, (c) ADDITIONAL WATER SUPPLY STORAGE.— ent with regulations prescribed by the Sec- shall be an authorized purpose of the Central Any additional water supply storage re- retary for the Central and Southern Florida and Southern Florida project referred to in quired after the date of enactment of this project, with all costs of the operation and paragraph (1)(A). Project features necessary Act shall be contracted for and reimbursed maintenance work borne by non-Federal in- to improve water management, including by the city of Heber Springs, Arkansas. terests. features necessary to provide water to re- SEC. 203. MORGAN POINT, ARKANSAS. SEC. 207. EVERGLADES AND SOUTH FLORIDA store, protect, and preserve the South Flor- The Secretary shall accept as in-kind con- ECOSYSTEM RESTORATION. ida ecosystem, shall be included in any tributions for the project at Morgan Point, (a) DEFINITIONS.—In this section: modifications to be developed for the project Arkansas— (1) DEVELOP.—The term ‘‘develop’’ means under paragraph (1). (1) the items described as fish and wildlife any preconstruction or land acquisition (3) SUPPORT PROJECTS.—The Secretary may facilities and land in the Morgan Point planning activity. develop support projects and other facilities H8744 CONGRESSIONAL RECORD — HOUSE July 30, 1996 necessary to promote an adaptive manage- (E) The Administrator of the Environ- (B) NOTICE OF MEETINGS.—The Task Force ment approach to implement the modifica- mental Protection Agency. shall be subject to section 10(a)(2) of the Act, tions authorized to be developed by para- (F) The Secretary of Agriculture. except that the chairperson of the Task graphs (1) and (2). (G) The Secretary of Transportation. Force is authorized to use a means other (4) INTERIM IMPLEMENTATION REPORTS.— (H) 1 representative of the Miccosukee than publication in the Federal Register to (A) IN GENERAL.—Before the Secretary im- Tribe of Indians of Florida, to be appointed provide notice of a public meeting and pro- plements a component of the conceptual by the Secretary of the Interior from rec- vide an equivalent form of public notice. plan, including a support project or other fa- ommendations submitted by the tribal chair- (5) COMPENSATION.—A member of the Task cility under paragraph (3), the Jacksonville man. Force shall receive no compensation for the District Engineer shall submit an interim (I) 1 representative of the Seminole Tribe service of the member on the Task Force. implementation report to the Task Force for of Indians of Florida, to be appointed by the (6) TRAVEL EXPENSES.—Travel expenses in- review. Secretary of the Interior from recommenda- curred by a member of the Task Force in the (B) CONTENTS.—Each interim implementa- tions submitted by the tribal chairman. performance of services for the Task Force tion report shall document the costs, bene- (J) 3 representatives of the State of Flor- shall be paid by the agency, tribe, or govern- fits, impacts, technical feasibility, and cost- ida, to be appointed by the Secretary of the ment that the member represents. effectiveness of the component and, as ap- Interior from recommendations submitted SEC. 208. ARKANSAS CITY AND WINFIELD, KAN- propriate, shall include documentation of en- by the Governor of the State of Florida. SAS. vironmental effects prepared under the Na- (K) 2 representatives of the South Florida Notwithstanding any other provision of tional Environmental Policy Act of 1969 (42 Water Management District, to be appointed law, for the purpose of commencing con- U.S.C. 4321 et seq.). by the Secretary of the Interior from rec- struction of the project for flood control, Ar- (C) ENDORSEMENT BY TASK FORCE.— ommendations submitted by the Governor of kansas City, Kansas, authorized by section (i) IN GENERAL.—If the Task Force endorses the State of Florida. 401(a) of the Water Resources Development the interim implementation report of the (L) 2 representatives of local governments Act of 1986 (Public Law 99–662; 100 Stat. 4116), Jacksonville District Engineer for a compo- in the South Florida ecosystem, to be ap- and the project for flood control, Winfield, nent, the Secretary shall submit the report pointed by the Secretary of the Interior from Kansas, authorized by section 204 of the to Congress. recommendations submitted by the Governor Flood Control Act of 1965 (Public Law 89–298; (ii) COORDINATION REQUIREMENTS.—En- of the State of Florida. 79 Stat. 1078), the project cooperation agree- dorsement by the Task Force shall be (2) DUTIES.— ments for the projects, as submitted by the deemed to fulfill the coordination require- (A) IN GENERAL.—The Task Force shall— District Office of the Army Corps of Engi- ments under the first section of the Act enti- (i)(I) coordinate the development of con- neers, Tulsa, Oklahoma, shall be deemed to tled ‘‘An Act authorizing the construction of sistent policies, strategies, plans, programs, be approved by the Assistant Secretary of certain public works on rivers and harbors and priorities for addressing the restoration, the Army having responsibility for civil for flood control, and for other purposes’’, protection, and preservation of the South works and the Tulsa District Commander as approved December 22, 1944 (33 U.S.C. 701–1). Florida ecosystem; and of September 30, 1996, if the approvals have (II) develop a strategy and priorities for (5) AUTHORIZATION.— not been granted by that date. implementing the components of the concep- (A) IN GENERAL.—The Secretary shall not SEC. 209. MISSISSIPPI RIVER-GULF OUTLET, LOU- tual plan; initiate construction of a component until ISIANA. (ii) review programs, projects, and activi- such time as a law is enacted authorizing Section 844 of the Water Resources Devel- ties of agencies and entities represented on construction of the component. opment Act of 1986 (Public Law 99–662; 100 the Task Force to promote the objectives of Stat. 4177) is amended by adding at the end (B) DESIGN.—The Secretary may continue ecosystem restoration and maintenance; to carry out detailed design of a component the following: (iii) refine and provide guidance concern- ‘‘(c) COMMUNITY IMPACT MITIGATION after the date of submission to Congress of ing the implementation of the conceptual PLAN.—Using funds made available under the interim implementation report rec- plan; subsection (a), the Secretary shall imple- ommending the component. (iv)(I) periodically review the conceptual ment a comprehensive community impact (6) COST SHARING.— plan in light of current conditions and new mitigation plan, as described in the evalua- (A) IN GENERAL.—Except as provided in information and make appropriate modifica- tion report of the New Orleans District Engi- subparagraph (B), the Federal share of the tions to the conceptual plan; and neer dated August 1995, that, to the maxi- costs of preparing interim implementation (II) submit to Congress a report on each mum extent practicable, provides for mitiga- reports under paragraph (4) and implement- modification to the conceptual plan under tion or compensation, or both, for the direct ing the modifications (including the support subclause (I); and indirect social and cultural impacts that projects and other facilities) authorized to (v) establish a Florida-based working the project described in subsection (a) will be developed by this subsection shall be 50 group, which shall include representatives of have on the affected areas referred to in sub- percent. the agencies and entities represented on the section (b).’’. (B) WATER QUALITY FEATURES.— Task Force and other entities as appro- SEC. 210. COLDWATER RIVER WATERSHED, MIS- (i) IN GENERAL.—Subject to clause (ii), the priate, for the purpose of recommending SISSIPPI. non-Federal share of the cost of project fea- policies, strategies, plans, programs, and pri- Not later than 90 days after the date of en- tures necessary to improve water quality orities to the Task Force; actment of this Act, the Secretary shall ini- under paragraph (2) shall be 100 percent. (vi) prepare an annual cross-cut budget of tiate all remaining work associated with the (ii) CRITICAL FEATURES.—If the Task Force the funds proposed to be expended by the Coldwater River Watershed Demonstration determines, by resolution accompanying en- agencies, tribes, and governments rep- Erosion Control Project, as authorized by dorsement of an interim implementation re- resented on the Task Force on the restora- Public Law 98–8 (97 Stat. 13). port under paragraph (4), that the project tion, preservation, and protection of the SEC. 211. PERIODIC MAINTENANCE DREDGING features described in clause (i) are critical to South Florida ecosystem; and FOR GREENVILLE INNER HARBOR ecosystem restoration, the Federal share of (vii) submit a biennial report to Congress CHANNEL, MISSISSIPPI. the cost of the features shall be 50 percent. that summarizes the activities of the Task The Greenville Inner Harbor Channel, Mis- (C) REIMBURSEMENT.—The Secretary shall Force and the projects, policies, strategies, sissippi, is deemed to be a portion of the nav- reimburse the non-Federal interests for the plans, programs, and priorities planned, de- igable waters of the United States, and shall Federal share of any reasonable costs that veloped, or implemented for restoration of be included among the navigable waters for the non-Federal interests incur in acquiring the South Florida ecosystem and progress which the Army Corps of Engineers main- land for any component authorized by law made toward the restoration. tains a 10-foot navigable channel. The navi- under paragraph (5) if the land acquisition (B) AUTHORITY TO ESTABLISH ADVISORY SUB- gable channel for the Greenville Inner Har- has been endorsed by the Task Force and COMMITTEES.—The Task Force and the work- bor Channel shall be maintained in a manner supported by the Secretary. ing group established under subparagraph that is consistent with the navigable channel (c) SOUTH FLORIDA ECOSYSTEM RESTORA- (A)(v) may establish such other advisory sub- to the Greenville Harbor and the portion of TION TASK FORCE.— committees as are necessary to assist the the Mississippi River adjacent to the Green- (1) ESTABLISHMENT AND MEMBERSHIP.— Task Force in carrying out its duties, includ- ville Harbor that is maintained by the Army There is established the South Florida Eco- ing duties relating to public policy and sci- Corps of Engineers, as in existence on the system Restoration Task Force, which shall entific issues. date of enactment of this Act. consist of the following members (or, in the (3) DECISIONMAKING.—Each decision of the SEC. 212. SARDIS LAKE, MISSISSIPPI. case of the head of a Federal agency, a des- Task Force shall be made by majority vote The Secretary shall work cooperatively ignee at the level of assistant secretary or an of the members of the Task Force. with the State of Mississippi and the city of equivalent level): (4) APPLICATION OF THE FEDERAL ADVISORY Sardis to the maximum extent practicable in (A) The Secretary of the Interior, who COMMITTEE ACT.— the management of existing and proposed shall serve as chairperson of the Task Force. (A) CHARTER; TERMINATION.—The Task leases of land consistent with the master (B) The Secretary of Commerce. Force shall not be subject to sections 9(c) tourism and recreational plan for the eco- (C) The Secretary. and 14 of the Federal Advisory Committee nomic development of the Sardis Lake area (D) The Attorney General. Act (5 U.S.C. App.). prepared by the city. July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8745 SEC. 213. YALOBUSHA RIVER WATERSHED, MIS- be subject to applicable Federal laws, includ- control manuals for the Jamestown Dam and SISSIPPI. ing— Pipestem Dam, North Dakota, to modify op- The project for flood control at Grenada (A) sections 9 and 10 of the Act entitled eration of the dams so as to reduce the mag- Lake, Mississippi, shall be extended to in- ‘‘An Act making appropriations for the con- nitude and duration of flooding and inunda- clude the Yalobusha River Watershed (in- struction, repair, and preservation of certain tion of land located within the 10-year flood- cluding the Toposhaw Creek), at a total cost public works on rivers and harbors, and for plain along the James River in South Da- of not to exceed $3,800,000. The Federal share other purposes’’, approved March 3, 1899 (33 kota. of the cost of flood control on the extended U.S.C. 401 and 403); (b) FEASIBILITY STUDY.— project shall be 75 percent. (B) section 404 of the Federal Water Pollu- (1) IN GENERAL.—Not later than 1 year after SEC. 214. LIBBY DAM, MONTANA. tion Control Act (33 U.S.C. 1344); and the date of enactment of this Act, the Sec- (a) IN GENERAL.—In accordance with sec- (C) the National Environmental Policy Act retary shall— tion 103(c)(1) of the Water Resources Devel- of 1969 (42 U.S.C. 4321 et seq.). (A) complete a study to determine the fea- opment Act of 1986 (33 U.S.C. 2213(c)(1)), the (c) EXPIRATION DATE.—The declaration of sibility of providing flood protection for the Secretary shall— nonnavigability under subsection (a) shall land referred to in subsection (a); and (1) complete the construction and installa- expire with respect to a portion of the area (B) submit a report on the study to Con- tion of generating units 6 through 8 at Libby described in subsection (a), if the portion— gress. Dam, Montana; and (1) is not bulkheaded, filled, or otherwise (2) CONSIDERATIONS.—In carrying out para- (2) remove the partially constructed haul occupied by a permanent structure or other graph (1), the Secretary shall consider all bridge over the Kootenai River, Montana. permanent physical improvement (including reasonable project-related and other options. (b) AUTHORIZATION OF APPROPRIATIONS.— parkland) in accordance with subsection (b) SEC. 221. WISTER LAKE PROJECT, LEFLORE There are authorized to be appropriated to by the date that is 20 years after the date of COUNTY, OKLAHOMA. carry out this section $16,000,000, to remain enactment of this Act; or The Secretary shall maintain a minimum available until expended. (2) requires an improvement described in conservation pool level of 478 feet at the Wis- subsection (b)(2) that is subject to a permit SEC. 215. SMALL FLOOD CONTROL PROJECT, ter Lake project in LeFlore County, Okla- MALTA, MONTANA. under an applicable Federal law, and the im- homa, authorized by section 4 of the Act en- Not later than 1 year after the date of en- provement is not commenced by the date titled ‘‘An Act authorizing the construction actment of this Act, the Secretary is author- that is 5 years after the date of issuance of of certain public works on rivers and harbors ized to expend such Federal funds as are nec- the permit. for flood control, and for other purposes’’, essary to complete the small flood control SEC. 219. BUFORD TRENTON IRRIGATION DIS- approved June 28, 1938 (52 Stat. 1218). Not- project begun at Malta, Montana, pursuant TRICT, NORTH DAKOTA AND MON- withstanding title I of the Water Resources TANA. to section 205 of the Flood Control Act of Development Act of 1986 (33 U.S.C. 2211 et (a) ACQUISITION OF EASEMENTS.— 1948 (33 U.S.C. 701s). seq.) or any other provision of law, any in- (1) IN GENERAL.—The Secretary shall ac- crease in water supply yield that results SEC. 216. CLIFFWOOD BEACH, NEW JERSEY. quire, from willing sellers, permanent flow- from the pool level of 478 feet shall be treat- (a) IN GENERAL.—Notwithstanding any age and saturation easements over— ed as unallocated water supply until such other provision of law or the status of the (A) the land in Williams County, North Da- time as a user enters into a contract for the project authorized by section 203 of the kota, extending from the riverward margin supply under such applicable laws concern- Flood Control Act of 1962 (Public Law 87–874; of the Buford Trenton Irrigation District ing cost-sharing as are in effect on the date 76 Stat. 1180) for hurricane-flood protection main canal to the north bank of the Missouri of the contract. and beach erosion control on Raritan Bay River, beginning at the Buford Trenton Irri- and Sandy Hook Bay, New Jersey, the Sec- SEC. 222. WILLAMETTE RIVER, MCKENZIE gation District pumping station located in SUBBASIN, OREGON. retary shall undertake a project to provide 1 the NE ⁄4 of section 17, T–152–N, R–104–W, and The Secretary is authorized to carry out a periodic beach nourishment for Cliffwood continuing northeasterly downstream to the project to control the water temperature in Beach, New Jersey, for a 50-year period be- land referred to as the East Bottom; and the Willamette River, McKenzie Subbasin, ginning on the date of execution of a project (B) any other land outside the boundaries Oregon, to mitigate the negative impacts on cooperation agreement by the Secretary and of the land described in subparagraph (A) fish and wildlife resulting from the operation an appropriate non-Federal interest. within or contiguous to the boundaries of of the Blue River and Cougar Lake projects, (b) NON-FEDERAL SHARE.—The non-Federal the Buford-Trenton Irrigation District that McKenzie River Basin, Oregon. The cost of share of the cost of the project authorized by has been affected by rising ground water and the facilities shall be repaid according to the this section shall be 35 percent. the risk of surface flooding. allocations among the purposes of the origi- SEC. 217. FIRE ISLAND INLET, NEW YORK. (2) SCOPE.—The easements acquired by the nal projects. Secretary under paragraph (1) shall include For the purpose of replenishing the beach, SEC. 223. ABANDONED AND WRECKED BARGE RE- the Secretary shall place sand dredged from the right, power, and privilege of the Federal MOVAL, RHODE ISLAND. the Fire Island Inlet on the shoreline be- Government to submerge, overflow, per- Section 361 of the Water Resources Devel- tween Gilgo State Park and Tobay Beach to colate, and saturate the surface and sub- opment Act of 1992 (Public Law 102–580; 106 protect Ocean Parkway along the Atlantic surface of the lands and such other terms Stat. 4861) is amended by striking subsection Ocean shoreline in Suffolk County, New and conditions as the Secretary considers ap- (a) and inserting the following: propriate. York. ‘‘(a) IN GENERAL.—In order to alleviate a SEC. 218. QUEENS COUNTY, NEW YORK. (3) PAYMENT.—In acquiring the easements hazard to navigation and recreational activ- under paragraph (1), the Secretary shall pay (a) DESCRIPTION OF NONNAVIGABLE AREA.— ity, the Secretary shall remove a sunken Subject to subsections (b) and (c), the area of an amount based on the unaffected fee value barge from waters off the shore of the Narra- Long Island City, Queens County, New York, of the lands to be acquired by the Federal gansett Town Beach in Narragansett, Rhode that— Government. For the purpose of this para- Island, at a total cost of $1,900,000, with an (1) is not submerged; graph, the unaffected fee value of the lands estimated Federal cost of $1,425,000, and an (2) lies between the southerly high water is the value of the lands as if the lands had estimated non-Federal cost of $475,000. The line (as of the date of enactment of this Act) not been affected by rising ground water and Secretary shall not remove the barge until of Anable Basin (also known as the ‘‘11th the risk of surface flooding. title to the barge has been transferred to the (b) CONVEYANCE OF DRAINAGE PUMPS.—Not- Street Basin’’) and the northerly high water United States or the non-Federal interest. withstanding any other law, the Secretary line (as of the date of enactment of this Act) The transfer of title shall be carried out at shall— of Newtown Creek; and no cost to the United States.’’. (1) convey to the Buford Trenton Irrigation (3) extends from the high water line (as of District all right, title, and interest of the SEC. 224. PROVIDENCE RIVER AND HARBOR, the date of enactment of this Act) of the RHODE ISLAND. United States in the drainage pumps located East River to the original high water line of The Secretary shall incorporate a channel within the boundaries of the District; and the East River; extending from the vicinity of the Fox Point (2) provide a lump-sum payment of $60,000 hurricane barrier to the vicinity of the is declared to be nonnavigable waters of the for power requirements associated with the Francis Street bridge in Providence, Rhode United States. operation of the drainage pumps. (b) REQUIREMENT THAT AREA BE IM- (c) AUTHORIZATION OF APPROPRIATIONS.— Island, into the navigation project for Provi- PROVED.— There is authorized to be appropriated to dence River and Harbor, Rhode Island, au- (1) IN GENERAL.—The declaration of non- carry out this section $34,000,000, to remain thorized by section 301 of the River and Har- navigability under subsection (a) shall apply available until expended. bor Act of 1965 (Public Law 89–298; 79 Stat. only to those portions of the area described SEC. 220. JAMESTOWN DAM AND PIPESTEM DAM, 1089). The channel shall have a depth of up to in subsection (a) that are, or will be, bulk- NORTH DAKOTA. 10 feet and a width of approximately 120 feet headed, filled, or otherwise occupied by per- (a) REVISIONS TO WATER CONTROL MANU- and shall be approximately 1.25 miles in manent structures or other permanent phys- ALS.—In consultation with the State of length. ical improvements (including parkland). South Dakota and the James River Water SEC. 225. COOPER LAKE AND CHANNELS, TEXAS. (2) APPLICABILITY OF FEDERAL LAW.—Im- Development District, the Secretary shall (a) ACCEPTANCE OF LANDS.—The Secretary provements described in paragraph (1) shall review and consider revisions to the water is authorized to accept from a non-Federal H8746 CONGRESSIONAL RECORD — HOUSE July 30, 1996 interest additional lands of not to exceed 300 (1) in paragraph (5), by striking ‘‘and’’ at leadership in a cooperative effort involving acres that— the end; the Federal Government, State governments, (1) are contiguous to the Cooper Lake and (2) in paragraph (6), by striking the period and the private sector; and Channels Project, Texas, authorized by sec- at the end and inserting ‘‘; and’’; and (C) an expertly staffed and adequately fi- tion 301 of the River and Harbor Act of 1965 (3) by adding at the end the following: nanced dam safety hazard reduction pro- (Public Law 89–298; 79 Stat. 1091) and section ‘‘(7) environmental protection and restora- gram, based on Federal, State, local, and pri- 601(a) of the Water Resources Development tion: 25 percent.’’. vate research, planning, decisionmaking, and Act of 1986 (Public Law 99–662; 100 Stat. 4145); SEC. 302. COLLABORATIVE RESEARCH AND DE- contributions, would reduce the risk of the and VELOPMENT. loss, destruction, and disruption resulting (2) provide habitat value at least equal to Section 7 of the Water Resources Develop- from dam failure by an amount far greater the habitat value provided by the lands au- ment Act of 1988 (33 U.S.C. 2313) is amended— than the cost of the program; thorized to be redesignated under subsection (1) by striking subsection (e); (5)(A) there is a fundamental need for a na- (b). (2) by redesignating subsection (d) as sub- tional program for dam safety hazards reduc- (b) REDESIGNATION OF LANDS TO RECRE- section (e); and tion, and the need will continue; and ATION PURPOSES.—Upon the acceptance of (3) by inserting after subsection (c) the fol- (B) to be effective, such a national program lands under subsection (a), the Secretary is lowing: will require input from, and review by, Fed- authorized to redesignate mitigation lands of ‘‘(d) TEMPORARY PROTECTION OF TECH- eral and non-Federal experts in— not to exceed 300 acres to recreation pur- NOLOGY.— (i) dam design, construction, operation, poses. ‘‘(1) PRE-AGREEMENT.—If the Secretary de- and maintenance; and (c) FUNDING.—The cost of all work under termines that information developed as a re- (ii) the practical application of dam failure this section, including real estate appraisals, sult of a research or development activity hazard reduction measures; cultural and environmental surveys, and all conducted by the Army Corps of Engineers is (6) as of the date of enactment of this development necessary to avoid net mitiga- likely to be subject to a cooperative research Act— tion losses, to the extent required, shall be and development agreement within 2 years (A) there is no national dam safety pro- borne by the non-Federal interest. after the development of the information, gram; and SEC. 226. RUDEE INLET, VIRGINIA BEACH, VIR- and that the information would be a trade (B) the coordinating authority for national GINIA. secret or commercial or financial informa- leadership concerning dam safety is provided Notwithstanding the limitation set forth tion that would be privileged or confidential through the dam safety program of the Fed- in section 107(b) of the River and Harbor Act if the information had been obtained from a eral Emergency Management Agency estab- of 1960 (33 U.S.C. 577(b)), Federal participa- non-Federal party participating in a cooper- lished under Executive Order 12148 (50 U.S.C. tion in the maintenance of the Rudee Inlet, ative research and development agreement App. 2251 note) in coordination with mem- Virginia Beach, Virginia, project shall con- under section 12 of the Stevenson-Wydler bers of the Interagency Committee on Dam Safety and with States; and tinue for the life of the project. Nothing in Technology Innovation Act of 1980 (15 U.S.C. (7) while the dam safety program of FEMA this section shall alter or modify the non- 3710a), the Secretary may provide appro- is a proper Federal undertaking, should con- Federal cost sharing responsibility as speci- priate protections against the dissemination tinue, and should provide the foundation for fied in the Rudee Inlet, Virginia Beach, Vir- of the information, including exemption a national dam safety program, statutory ginia Detailed Project Report, dated October from subchapter II of chapter 5 of title 5, authority is needed— 1983. United States Code, until the earlier of— (A) to meet increasing needs and to dis- SEC. 227. VIRGINIA BEACH, VIRGINIA. ‘‘(A) the date on which the Secretary en- charge Federal responsibilities in dam safe- (a) ADJUSTMENT OF NON-FEDERAL SHARE.— ters into such an agreement with respect to ty; Notwithstanding any other provision of law, the information; or (B) to strengthen the leadership role of the non-Federal share of the costs of the ‘‘(B) the last day of the 2-year period be- FEMA; project for beach erosion control and hurri- ginning on the date of the determination. (C) to codify the national dam safety pro- cane protection, Virginia Beach, Virginia, ‘‘(2) POST-AGREEMENT.—Any information gram; authorized by section 501(a) of the Water Re- subject to paragraph (1) that becomes the (D) to authorize the Director of FEMA to sources Development Act of 1986 (Public Law subject of a cooperative research and devel- communicate directly with Congress on au- 99–662; 100 Stat. 4136), shall be reduced by opment agreement shall be subject to the thorizations and appropriations; and $3,120,803, or by such amount as is deter- protections provided under section 12(c)(7)(B) (E) to build on the hazard reduction as- mined by an audit carried out by the Depart- of the Act (15 U.S.C. 3710a(c)(7)(B)) as if the pects of dam safety. ment of the Army to be due to the city of information had been developed under a co- (b) PURPOSE.—The purpose of this section Virginia Beach as reimbursement for beach operative research and development agree- is to reduce the risks to life and property nourishment activities carried out by the ment.’’. from dam failure in the United States city between October 1, 1986, and September SEC. 303. NATIONAL DAM SAFETY PROGRAM. through the establishment and maintenance 30, 1993, if the Federal Government has not (a) FINDINGS.—Congress finds that— of an effective national dam safety program reimbursed the city for the activities prior (1)(A) dams are an essential part of the na- to bring together the expertise and resources to the date on which a project cooperation tional infrastructure; of the Federal and non-Federal communities agreement is executed for the project. (B) dams fail from time to time with cata- in achieving national dam safety hazard re- (b) EXTENSION OF FEDERAL PARTICIPA- strophic results; and duction. TION.— (C) dam safety is a vital public concern; (c) DAM SAFETY PROGRAM.—Public Law 92– (1) IN GENERAL.—In accordance with sec- (2) dam failures have caused, and may 367 (33 U.S.C. 467 et seq.) is amended— tion 156 of the Water Resources Development cause in the future, loss of life, injury, de- (1) by striking the first section and insert- Act of 1976 (42 U.S.C. 1962d–5f), the Secretary struction of property, and economic and so- ing the following: shall extend Federal participation in the cial disruption; ‘‘SECTION 1. SHORT TITLE. periodic nourishment of Virginia Beach as (3)(A) some dams are at or near the end of ‘‘This Act may be cited as the ‘National authorized by section 101 of the River and their structural, useful, or operational life; Dam Safety Program Act’.’’; Harbor Act of 1954 (68 Stat. 1254) and modi- and (2) by striking sections 5 and 7 through 14; fied by section 101 of the River and Harbor (B) the loss, destruction, and disruption re- (3) by redesignating sections 2, 3, 4, and 6 Act of 1962 (Public Law 87–874; 76 Stat. 1177). sulting from dam failures can be substan- as sections 3, 4, 5, and 11, respectively; (2) DURATION.—Federal participation under tially reduced through the development and (4) by inserting after section 1 (as amended paragraph (1) shall extend until the earlier implementation of dam safety hazard reduc- by paragraph (1)) the following: of— tion measures, including— ‘‘SEC. 2. DEFINITIONS. (A) the end of the 50-year period provided (i) improved design and construction ‘‘In this Act: for in section 156 of the Water Resources De- standards and practices supported by a na- ‘‘(1) BOARD.—The term ‘Board’ means a Na- velopment Act of 1976 (42 U.S.C. 1962d–5f); tional dam performance resource bank lo- tional Dam Safety Review Board established and cated at Stanford University in California; under section 8(h). (B) the completion of the project for beach (ii) safe operation and maintenance proce- ‘‘(2) DAM.—The term ‘dam’— erosion control and hurricane protection, dures; ‘‘(A) means any artificial barrier that has Virginia Beach, Virginia, as modified by sec- (iii) early warning systems; the ability to impound water, wastewater, or tion 102(cc) of the Water Resources Develop- (iv) coordinated emergency preparedness any liquid-borne material, for the purpose of ment Act of 1992 (Public Law 102–580; 106 plans; and storage or control of water, that— Stat. 4810). (v) public awareness and involvement pro- ‘‘(i) is 25 feet or more in height from— TITLE III—GENERAL PROVISIONS grams; ‘‘(I) the natural bed of the stream channel SEC. 301. COST-SHARING FOR ENVIRONMENTAL (4)(A) dam safety problems persist nation- or watercourse measured at the downstream PROJECTS. wide; toe of the barrier; or Section 103(c) of the Water Resources De- (B) while dam safety is principally a State ‘‘(II) if the barrier is not across a stream velopment Act of 1986 (33 U.S.C. 2213(c)) is responsibility, the diversity in Federal and channel or watercourse, from the lowest ele- amended— State dam safety programs calls for national vation of the outside limit of the barrier; July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8747 to the maximum water storage elevation; or ‘‘SEC. 5. DETERMINATION OF DANGER TO HUMAN investigation, design, construction, oper- ‘‘(ii) has an impounding capacity for maxi- LIFE AND PROPERTY. ation and maintenance, and emergency pre- mum storage elevation of 50 acre-feet or ‘‘For’’; paredness; more; but (8) by inserting after section 5 (as redesig- ‘‘(3) encourage the establishment and im- ‘‘(B) does not include— nated by paragraph (3)) the following: plementation of effective dam safety pro- ‘‘(i) a levee; or ‘‘SEC. 6. NATIONAL DAM INVENTORY. grams in each State based on State stand- ‘‘(ii) a barrier described in subparagraph ‘‘The Secretary of the Army, acting ards; (A) that— through the Chief of Engineers, may main- ‘‘(4) develop and encourage public aware- ‘‘(I) is 6 feet or less in height regardless of tain and periodically publish updated infor- ness projects to increase public acceptance storage capacity; or mation on the inventory of dams in the Unit- and support of State dam safety programs; ‘‘(II) has a storage capacity at the maxi- ed States. ‘‘(5) develop technical assistance materials mum water storage elevation that is 15 acre- ‘‘SEC. 7. INTERAGENCY COMMITTEE ON DAM for Federal and non-Federal dam safety pro- feet or less regardless of height; SAFETY. grams; and unless the barrier, because of the location of ‘‘(a) ESTABLISHMENT.—There is established ‘‘(6) develop mechanisms with which to the barrier or another physical characteris- an Interagency Committee on Dam Safety— provide Federal technical assistance for dam tic of the barrier, is likely to pose a signifi- ‘‘(1) comprised of a representative of each safety to the non-Federal sector. ‘‘(d) COMPONENTS.— cant threat to human life or property if the of the Department of Agriculture, the De- partment of Defense, the Department of En- ‘‘(1) IN GENERAL.—The Program shall con- barrier fails (as determined by the Director). sist of— ergy, the Department of the Interior, the De- ‘‘(3) DIRECTOR.—The term ‘Director’ means ‘‘(A) a Federal element and a non-Federal partment of Labor, FEMA, the Federal En- the Director of FEMA. element; and ergy Regulatory Commission, the Nuclear ‘‘(4) FEDERAL AGENCY.—The term ‘Federal ‘‘(B) leadership activity, technical assist- Regulatory Commission, the Tennessee Val- agency’ means a Federal agency that de- ance activity, and public awareness activity. signs, finances, constructs, owns, operates, ley Authority, and the United States Section ‘‘(2) ELEMENTS.— of the International Boundary Commission; maintains, or regulates the construction, op- ‘‘(A) FEDERAL.—The Federal element shall and eration, or maintenance of a dam. incorporate the activities and practices car- ‘‘(2) chaired by the Director. ‘‘(5) FEDERAL GUIDELINES FOR DAM SAFE- ried out by Federal agencies under section 7 ‘‘(b) DUTIES.—ICODS shall encourage the TY.—The term ‘Federal Guidelines for Dam to implement the Federal Guidelines for establishment and maintenance of effective Safety’ means the FEMA publication, num- Dam Safety. Federal and State programs, policies, and bered 93 and dated June 1979, that defines ‘‘(B) NON-FEDERAL.—The non-Federal ele- management practices for dam safety at all guidelines intended to enhance dam safety ment shall consist of— Federal agencies. for the protection of human life and property ‘‘(i) the activities and practices carried out ‘‘(6) FEMA.—The term ‘FEMA’ means the through— by States, local governments, and the pri- Federal Emergency Management Agency. ‘‘(1) coordination and information ex- vate sector to safely build, regulate, operate, ‘‘(7) HAZARD REDUCTION.—The term ‘hazard change among Federal agencies and State and maintain dams; and reduction’ means the reduction in the poten- dam safety agencies; and ‘‘(ii) Federal activities that foster State ef- tial consequences to life and property of dam ‘‘(2) coordination and information ex- forts to develop and implement effective pro- failure. change among Federal agencies concerning grams for the safety of dams. implementation of the Federal Guidelines ‘‘(8) ICODS.—The term ‘ICODS’ means the ‘‘(3) FUNCTIONAL ACTIVITIES.— for Dam Safety. Interagency Committee on Dam Safety es- ‘‘(A) LEADERSHIP.—The leadership activity tablished by section 7. ‘‘SEC. 8. NATIONAL DAM SAFETY PROGRAM. shall be the responsibility of FEMA and shall ‘‘(9) PROGRAM.—The term ‘Program’ means ‘‘(a) IN GENERAL.—The Director, in con- be exercised by chairing ICODS to coordi- the national dam safety program established sultation with ICODS and State dam safety nate Federal efforts in cooperation with under section 8. agencies, and the Board shall establish and State dam safety officials. ‘‘(10) STATE.—The term ‘State’ means each maintain, in accordance with this section, a ‘‘(B) TECHNICAL ASSISTANCE.—The technical of the several States of the United States, coordinated national dam safety program. assistance activity shall consist of the trans- the District of Columbia, the Commonwealth The Program shall— fer of knowledge and technical information of Puerto Rico, the Virgin Islands, Guam, ‘‘(1) be administered by FEMA to achieve among the Federal and non-Federal elements American Samoa, the Commonwealth of the the objectives set forth in subsection (c); described in paragraph (2). Northern Mariana Islands, and any other ter- ‘‘(2) involve, to the extent appropriate, ‘‘(C) PUBLIC AWARENESS.—The public ritory or possession of the United States. each Federal agency; and awareness activity shall provide for the edu- ‘‘(11) STATE DAM SAFETY AGENCY.—The ‘‘(3) include— cation of the public, including State and term ‘State dam safety agency’ means a ‘‘(A) each of the components described in local officials, in the hazards of dam failure, State agency that has regulatory authority subsection (d); methods of reducing the adverse con- over the safety of non-Federal dams. ‘‘(B) the implementation plan described in sequences of dam failure, and related mat- ‘‘(12) STATE DAM SAFETY PROGRAM.—The subsection (e); and ters. term ‘State dam safety program’ means a ‘‘(C) assistance for State dam safety pro- ‘‘(e) IMPLEMENTATION PLAN.—The Director State dam safety program approved and as- grams described in subsection (f). shall— sisted under section 8(f). ‘‘(b) DUTIES.—The Director shall— ‘‘(1) develop an implementation plan for ‘‘(13) UNITED STATES.—The term ‘United ‘‘(1) not later than 270 days after the date the Program that shall set, through fiscal States’, when used in a geographical sense, of enactment of this paragraph, develop the year 2001, year-by-year targets that dem- means all of the States.’’; implementation plan described in subsection onstrate improvements in dam safety; and (5) in section 3 (as redesignated by para- (e); ‘‘(2) recommend appropriate roles for Fed- graph (3))— ‘‘(2) not later than 300 days after the date eral agencies and for State and local units of (A) by striking ‘‘SEC. 3. As’’ and inserting of enactment of this paragraph, submit to government, individuals, and private organi- the following: the appropriate authorizing committees of zations in carrying out the implementation ‘‘SEC. 3. INSPECTION OF DAMS. Congress the implementation plan described plan. ‘‘(a) IN GENERAL.—As’’; and in subsection (e); and ‘‘(f) ASSISTANCE FOR STATE DAM SAFETY (B) by adding at the end the following: ‘‘(3) by regulation, not later than 360 days PROGRAMS.— ‘‘(b) STATE PARTICIPATION.—On request of a after the date of enactment of this para- ‘‘(1) IN GENERAL.—To encourage the estab- State dam safety agency, with respect to any graph— lishment and maintenance of effective State dam the failure of which would affect the ‘‘(A) develop and implement the Program; programs intended to ensure dam safety, to State, the head of a Federal agency shall— ‘‘(B) establish goals, priorities, and target protect human life and property, and to im- ‘‘(1) provide information to the State dam dates for implementation of the Program; prove State dam safety programs, the Direc- safety agency on the construction, oper- and tor shall provide assistance with amounts ation, or maintenance of the dam; or ‘‘(C) to the extent feasible, provide a meth- made available under section 12 to assist ‘‘(2) allow any official of the State dam od for cooperation and coordination with, States in establishing and maintaining dam safety agency to participate in the Federal and assistance to, interested governmental safety programs— inspection of the dam.’’; entities in all States. ‘‘(A) in accordance with the criteria speci- (6) in section 4 (as redesignated by para- ‘‘(c) OBJECTIVES.—The objectives of the fied in paragraph (2); and graph (3)), by striking ‘‘SEC. 4. As’’ and in- Program are to— ‘‘(B) in accordance with more advanced re- serting the following: ‘‘(1) ensure that new and existing dams are quirements and standards established by the ‘‘SEC. 4. INVESTIGATION REPORTS TO GOV- safe through the development of techno- Board and the Director with the assistance ERNORS. logically and economically feasible programs of established criteria such as the Model ‘‘As’’; and procedures for national dam safety haz- State Dam Safety Program published by (7) in section 5 (as redesignated by para- ard reduction; FEMA, numbered 123 and dated April 1987, graph (3)), by striking ‘‘SEC. 5. For’’ and in- ‘‘(2) encourage acceptable engineering poli- and amendments to the Model State Dam serting the following: cies and procedures to be used for dam site Safety Program. H8748 CONGRESSIONAL RECORD — HOUSE July 30, 1996

‘‘(2) CRITERIA.—For a State to be eligible ‘‘(5) APPROVAL OF PROGRAMS.— mittee Act (5 U.S.C. App.) shall not apply to for primary assistance under this subsection, ‘‘(A) SUBMISSION.—For a State to be eligi- the Board. a State dam safety program must be working ble for assistance under this subsection, a ‘‘SEC. 9. RESEARCH. toward meeting the following criteria, and plan for a State dam safety program shall be ‘‘(a) IN GENERAL.—The Director, in co- for a State to be eligible for advanced assist- submitted to the Director. operation with ICODS, shall carry out a pro- ance under this subsection, a State dam safe- ‘‘(B) APPROVAL.—A State dam safety pro- gram of technical and archival research to ty program must meet the following criteria gram shall be deemed to be approved 120 days develop— and be working toward meeting the advanced after the date of receipt by the Director un- ‘‘(1) improved techniques, historical expe- requirements and standards established less the Director determines within the 120- rience, and equipment for rapid and effective under paragraph (1)(B): day period that the State dam safety pro- dam construction, rehabilitation, and in- ‘‘(A) AUTHORIZATION.—For a State to be el- gram fails to substantially meet the require- spection; and igible for assistance under this subsection, a ments of paragraphs (1) through (3). ‘‘(2) devices for the continued monitoring State dam safety program must be author- ‘‘(C) NOTIFICATION OF DISAPPROVAL.—If the of the safety of dams. ized by State legislation to include substan- Director determines that a State dam safety ‘‘(b) CONSULTATION.—The Director shall tially, at a minimum— program does not meet the requirements for provide for State participation in research ‘‘(i) the authority to review and approve approval, the Director shall immediately no- under subsection (a) and periodically advise plans and specifications to construct, en- tify the State in writing and provide the rea- all States and Congress of the results of the large, modify, remove, and abandon dams; sons for the determination and the changes research. ‘‘(ii) the authority to perform periodic in- that are necessary for the plan to be ap- ‘‘SEC. 10. REPORTS. spections during dam construction to ensure proved. ‘‘(a) REPORT ON DAM INSURANCE.—Not later compliance with approved plans and speci- ‘‘(6) REVIEW OF STATE DAM SAFETY PRO- than 180 days after the date of enactment of fications; GRAMS.—Using the expertise of the Board, this subsection, the Director shall report to ‘‘(iii) a requirement that, on completion of the Director shall periodically review State Congress on the availability of dam insur- dam construction, State approval must be dam safety programs. If the Board finds that ance and make recommendations concerning given before operation of the dam; a State dam safety program has proven inad- encouraging greater availability. ‘‘(b) BIENNIAL REPORTS.—Not later than 90 ‘‘(iv)(I) the authority to require or perform equate to reasonably protect human life and days after the end of each odd-numbered fis- the inspection, at least once every 5 years, of property, and the Director concurs, the Di- cal year, the Director shall submit a report all dams and reservoirs that would pose a rector shall revoke approval of the State significant threat to human life and property to Congress that— dam safety program, and withhold assistance ‘‘(1) describes the status of the Program; in case of failure to determine the continued under this subsection, until the State dam safety of the dams and reservoirs; and ‘‘(2) describes the progress achieved by safety program again meets the require- Federal agencies during the 2 preceding fis- ‘‘(II) a procedure for more detailed and fre- ments for approval. quent safety inspections; cal years in implementing the Federal ‘‘(g) DAM SAFETY TRAINING.—At the re- ‘‘(v) a requirement that all inspections be Guidelines for Dam Safety; quest of any State that has or intends to de- performed under the supervision of a State- ‘‘(3) describes the progress achieved in dam velop a State dam safety program, the Direc- registered professional engineer with related safety by States participating in the Pro- experience in dam design and construction; tor shall provide training for State dam safe- gram; and ‘‘(vi) the authority to issue notices, when ty staff and inspectors. ‘‘(4) includes any recommendations for leg- appropriate, to require owners of dams to ‘‘(h) BOARD.— islative and other action that the Director perform necessary maintenance or remedial ‘‘(1) ESTABLISHMENT.—The Director may considers necessary.’’; work, revise operating procedures, or take establish an advisory board to be known as (9) in section 11 (as redesignated by para- other actions, including breaching dams the ‘National Dam Safety Review Board’ to graph (3))— when necessary; monitor State implementation of this sec- (A) by striking ‘‘SEC. 11. Nothing’’ and in- ‘‘(vii) regulations for carrying out the leg- tion. serting the following: islation of the State described in this sub- ‘‘(2) AUTHORITY.—The Board may use the ‘‘SEC. 11. STATUTORY CONSTRUCTION. paragraph; expertise of Federal agencies and enter into ‘‘Nothing’’; ‘‘(viii) provision for necessary funds— contracts for necessary studies to carry out (B) by striking ‘‘shall be construed (1) to ‘‘(I) to ensure timely repairs or other this section. create’’ and inserting the following: ‘‘shall— changes to, or removal of, a dam in order to ‘‘(3) MEMBERSHIP.—The Board shall consist ‘‘(1) create’’; protect human life and property; and of 11 members selected by the Director for (C) by striking ‘‘or (2) to relieve’’ and in- ‘‘(II) if the owner of the dam does not take expertise in dam safety, of whom— serting the following: action described in subclause (I), to take ap- ‘‘(A) 1 member shall represent the Depart- ‘‘(2) relieve’’; and propriate action as expeditiously as prac- ment of Agriculture; (D) by striking the period at the end and ticable; ‘‘(B) 1 member shall represent the Depart- inserting the following: ‘‘; or ‘‘(ix) a system of emergency procedures to ment of Defense; ‘‘(3) preempt any other Federal or State be used if a dam fails or if the failure of a ‘‘(C) 1 member shall represent the Depart- law.’’; and dam is imminent; and ment of the Interior; (10) by adding at the end the following: ‘‘(x) an identification of— ‘‘(D) 1 member shall represent FEMA; ‘‘SEC. 12. AUTHORIZATION OF APPROPRIATIONS. ‘‘(I) each dam the failure of which could be ‘‘(E) 1 member shall represent the Federal ‘‘(a) FUNDING.— reasonably expected to endanger human life; Energy Regulatory Commission; ‘‘(1) NATIONAL DAM SAFETY PROGRAM.— ‘‘(II) the maximum area that could be ‘‘(F) 5 members shall be selected by the Di- ‘‘(A) ANNUAL AMOUNTS.—There are author- flooded if the dam failed; and rector from among dam safety officials of ized to be appropriated to FEMA to carry ‘‘(III) necessary public facilities that would States; and out sections 7, 8, and 10 (in addition to any be affected by the flooding. ‘‘(G) 1 member shall be selected by the Di- amounts made available for similar purposes ‘‘(B) FUNDING.—For a State to be eligible rector to represent the United States Com- included in any other Act and amounts made for assistance under this subsection, State mittee on Large Dams. available under paragraphs (2) through (5)), appropriations must be budgeted to carry ‘‘(4) COMPENSATION OF MEMBERS.— $1,000,000 for fiscal year 1997, $2,000,000 for fis- out the legislation of the State under sub- ‘‘(A) FEDERAL EMPLOYEES.—Each member cal year 1998, $4,000,000 for fiscal year 1999, paragraph (A). of the Board who is an officer or employee of $4,000,000 for fiscal year 2000, and $4,000,000 ‘‘(3) WORK PLANS.—The Director shall enter the United States shall serve without com- for fiscal year 2001. into a contract with each State receiving as- pensation in addition to compensation re- ‘‘(B) ALLOCATION.— sistance under paragraph (2) to develop a ceived for the services of the member as an ‘‘(i) IN GENERAL.—Subject to clauses (ii) work plan necessary for the State dam safe- officer or employee of the United States. and (iii), for each fiscal year, amounts made ty program of the State to reach a level of ‘‘(B) OTHER MEMBERS.—Each member of the available under this paragraph to carry out program performance specified in the con- Board who is not an officer or employee of section 8 shall be allocated among the States tract. the United States shall serve without com- as follows: ‘‘(4) MAINTENANCE OF EFFORT.—Assistance pensation. ‘‘(I) One-third among States that qualify may not be provided to a State under this ‘‘(5) TRAVEL EXPENSES.—Each member of for assistance under section 8(f). subsection for a fiscal year unless the State the Board shall be allowed travel expenses, ‘‘(II) Two-thirds among States that qualify enters into such agreement with the Direc- including per diem in lieu of subsistence, at for assistance under section 8(f), to each such tor as the Director requires to ensure that rates authorized for an employee of an agen- State in proportion to— the State will maintain the aggregate ex- cy under subchapter I of chapter 57 of title 5, ‘‘(aa) the number of dams in the State that penditures of the State from all other United States Code, while away from the are listed as State-regulated dams on the in- sources for programs to ensure dam safety home or regular place of business of the ventory of dams maintained under section 6; for the protection of human life and property member in the performance of services for as compared to at or above a level equal to the average an- the Board. ‘‘(bb) the number of dams in all States that nual level of the expenditures for the 2 fiscal ‘‘(6) APPLICABILITY OF FEDERAL ADVISORY are listed as State-regulated dams on the in- years preceding the fiscal year. COMMITTEE ACT.—The Federal Advisory Com- ventory of dams maintained under section 6. July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8749

‘‘(ii) MAXIMUM AMOUNT OF ALLOCATION.— (b) AMOUNT OF PAYMENT.—The amount (1) by striking subsection (a) (33 U.S.C. 579a The amount of funds allocated to a State that may be paid by the Secretary under note); under this subparagraph may not exceed 50 subsection (a) shall be equal to the present (2) by redesignating subsections (b) percent of the reasonable cost of implement- value of the Federal payments over the life through (e) as subsections (a) through (d), re- ing the State dam safety program. of the project, as estimated by the Federal spectively; and ‘‘(iii) DETERMINATION.—The Director and Government, and shall be computed using an (3) in subsection (d) (as so redesignated), by the Board shall determine the amount allo- interest rate determined by the Secretary of striking ‘‘or subsection (a) of this section’’. cated to States needing primary assistance the Treasury taking into consideration cur- SEC. 309. PARTICIPATION IN INTERNATIONAL EN- and States needing advanced assistance rent market yields on outstanding market- GINEERING AND SCIENTIFIC CON- under section 8(f). able obligations of the United States with FERENCES. ‘‘(2) NATIONAL DAM INVENTORY.—There is maturities comparable to the remaining life Section 211 of the Flood Control Act of 1950 authorized to be appropriated to carry out of the project. (33 U.S.C. 701u) is repealed. section 6 $500,000 for each fiscal year. (c) AGREEMENT.—The Secretary may make SEC. 310. RESEARCH AND DEVELOPMENT IN SUP- ‘‘(3) DAM SAFETY TRAINING.—There is au- a payment under this section only if the non- PORT OF ARMY CIVIL WORKS PRO- thorized to be appropriated to carry out sec- Federal interests have entered into a binding GRAM. tion 8(g) $500,000 for each of fiscal years 1997 agreement with the Secretary to perform the (a) IN GENERAL.—In carrying out research through 2001. operation, maintenance, replacement, and and development in support of the civil ‘‘(4) RESEARCH.—There is authorized to be rehabilitation of the project or separable ele- works program of the Department of the appropriated to carry out section 9 $1,000,000 ment. The agreement shall— Army, the Secretary may utilize contracts, for each of fiscal years 1997 through 2001. (1) meet the requirements of section 221 of cooperative research and development agree- ‘‘(5) STAFF.—There is authorized to be ap- the Flood Control Act of 1970 (42 U.S.C. ments, and cooperative agreements with, and propriated to FEMA for the employment of 1962d–5b); and grants to, non-Federal entities, including such additional staff personnel as are nec- (2) specify— State and local governments, colleges and essary to carry out sections 6 through 9 (A) the terms and conditions under which a universities, consortia, professional and $400,000 for each of fiscal years 1997 through payment may be made under this section; technical societies, public and private sci- 2001. and entific and technical foundations, research ‘‘(b) LIMITATION ON USE OF AMOUNTS.— (B) the rights of, and remedies available to, institutions, educational organizations, and Amounts made available under this Act may the Federal Government to recover all or a nonprofit organizations. not be used to construct or repair any Fed- portion of a payment made under this sec- (b) COMMERCIAL APPLICATION.—In the case eral or non-Federal dam.’’. tion if a non-Federal interest suspends or of a contract for research or development, or (d) CONFORMING AMENDMENT.—Section 3(2) terminates the performance by the non-Fed- both, the Secretary may— of the Indian Dams Safety Act of 1994 (25 eral interest of the operation, maintenance, (1) require that the research or develop- U.S.C. 3802(2)) is amended by striking ‘‘the replacement, and rehabilitation of the ment, or both, have potential commercial first section of Public Law 92–367 (33 U.S.C. project or separable element, or fails to per- application; and 467)’’ and inserting ‘‘section 2 of the National form the activities in a manner that is satis- (2) use the potential for commercial appli- Dam Safety Program Act’’. factory to the Secretary. cation as an evaluation factor, if appro- SEC. 304. HYDROELECTRIC POWER PROJECT (d) EFFECT OF PAYMENT.—Except as pro- priate. UPRATING. vided in subsection (c), a payment provided SEC. 311. INTERAGENCY AND INTERNATIONAL (a) IN GENERAL.—In carrying out the main- to the non-Federal interests under this sec- SUPPORT AUTHORITY. tenance, rehabilitation, and modernization of a hydroelectric power generating facility tion shall relieve the Federal Government of (a) IN GENERAL.—The Secretary may en- at a water resources project under the juris- any obligation, after the date of the pay- gage in activities in support of other Federal diction of the Department of the Army, the ment, to pay any of the operation, mainte- agencies or international organizations to Secretary is authorized, to the extent funds nance, replacement, or rehabilitation costs address problems of national significance to are made available in appropriations Acts, to for the project or separable element. the United States. The Secretary may en- take such actions as are necessary to in- SEC. 306. COST-SHARING FOR REMOVAL OF EX- gage in activities in support of international crease the efficiency of energy production or ISTING PROJECT FEATURES. organizations only after consulting with the the capacity of the facility, or both, if, after After the date of enactment of this Act, Secretary of State. The Secretary may use consulting with the heads of other appro- any proposal submitted to Congress by the the technical and managerial expertise of priate Federal and State agencies, the Sec- Secretary for modification of an existing au- the Army Corps of Engineers to address do- retary determines that the increase— thorized water resources development mestic and international problems related to (1) is economically justified and financially project (in existence on the date of the pro- water resources, infrastructure development, feasible; posal) by removal of one or more of the and environmental protection. (2) will not result in any significant ad- project features that would significantly and (b) FUNDING.—There are authorized to be verse effect on the other purposes for which adversely impact the authorized project pur- appropriated $1,000,000 to carry out this sec- the project is authorized; poses or outputs shall include the rec- tion. The Secretary may accept and expend (3) will not result in significant adverse en- ommendation that the non-Federal interests additional funds from other Federal agencies vironmental impacts; and shall provide 50 percent of the cost of any or international organizations to carry this (4) will not involve major structural or such modification, including the cost of ac- section. operational changes in the project. quiring any additional interests in lands SEC. 312. SECTION 1135 PROGRAM. (b) EFFECT ON OTHER AUTHORITY.—This sec- that become necessary for accomplishing the (a) EXPANSION OF PROGRAM.—Section 1135 tion shall not affect the authority of the modification. of the Water Resources Development Act of Secretary and the Administrator of the Bon- SEC. 307. TERMINATION OF TECHNICAL ADVI- 1986 (33 U.S.C. 2309a) is amended— neville Power Administration under section SORY COMMITTEE. (1) in subsection (a), by inserting before 2406 of the Energy Policy Act of 1992 (16 Section 310 of the Water Resources Devel- the period at the end the following: ‘‘and to U.S.C. 839d–1). opment Act of 1990 (33 U.S.C. 2319) is amend- determine if the operation of the projects SEC. 305. FEDERAL LUMP-SUM PAYMENTS FOR ed— has contributed to the degradation of the FEDERAL OPERATION AND MAINTE- (1) by striking subsection (a); and quality of the environment’’; NANCE COSTS. (2) in subsection (b)— (2) in subsection (b), by striking the last (a) IN GENERAL.—In the case of a water re- (A) by striking ‘‘(b) PUBLIC PARTICIPA- two sentences; sources project under the jurisdiction of the TION.—’’; and Department of the Army for which the non- (3) by redesignating subsections (c), (d), (B) by striking ‘‘subsection’’ each place it Federal interests are responsible for per- and (e) as subsections (e), (f), and (g), respec- appears and inserting ‘‘section’’. forming the operation, maintenance, re- tively; and placement, and rehabilitation of the project, SEC. 308. CONDITIONS FOR PROJECT (4) by inserting after subsection (b) the fol- or a separable element (as defined in section DEAUTHORIZATIONS. lowing: 103(f) of the Water Resources Development (a) IN GENERAL.—Section 1001(b)(2) of the ‘‘(c) MEASURES TO RESTORE ENVIRON- Act of 1986 (33 U.S.C. 2213(f)) of the project, Water Resources Development Act of 1986 (33 MENTAL QUALITY.—If the Secretary deter- and for which the Federal Government is re- U.S.C. 579a(b)(2)) is amended— mines under subsection (a) that operation of sponsible for paying a portion of the oper- (1) in the first sentence, by striking ‘‘10’’ a water resources project has contributed to ation, maintenance, replacement, and reha- and inserting ‘‘5’’; the degradation of the quality of the envi- bilitation costs of the project or separable (2) in the second sentence, by striking ‘‘Be- ronment, the Secretary may carry out, with element, the Secretary may make, in accord- fore’’ and inserting ‘‘Upon official’’; and respect to the project, measures for the res- ance with this section and under terms and (3) in the last sentence, by inserting ‘‘the toration of environmental quality, if the conditions acceptable to the Secretary, a planning, design, or’’ before ‘‘construction’’. measures are feasible and consistent with payment of the estimated total Federal (b) CONFORMING AMENDMENTS.—Section 52 the authorized purposes of the project. share of the costs to the non-Federal inter- of the Water Resources Development Act of ‘‘(d) FUNDING.—The non-Federal share of ests after completion of construction of the 1988 (Public Law 100–676; 102 Stat. 4044) is the cost of any modification or measure car- project or separable element. amended— ried out pursuant to subsection (b) or (c) H8750 CONGRESSIONAL RECORD — HOUSE July 30, 1996

shall be 25 percent. Not more than $5,000,000 (b) GENERAL AUTHORITY.—Section 20 of the ‘‘(C) SECRETARY.—The term ‘Secretary’ in Federal funds may be expended on any 1 Act (33 U.S.C. 415) is amended— means the Secretary of the Army.’’. such modification or measure.’’. (1) in subsection (a)— SEC. 317. RISK-BASED ANALYSIS METHODOLOGY. (b) PINE FLAT DAM FISH AND WILDLIFE (A) by striking ‘‘Under emergency’’ and in- (a) IN GENERAL.—Not later than 1 year HABITAT RESTORATION, CALIFORNIA.—In ac- serting ‘‘SUMMARY REMOVAL PROCEDURES.— after the date of enactment of this Act, the cordance with section 1135(b) of the Water Under emergency’’; and Secretary shall obtain the services of an Resources Development Act of 1986 (33 U.S.C. (B) by striking ‘‘expense’’ the first place it independent consultant to evaluate— 2309a(b)), the Secretary shall carry out the appears and inserting ‘‘actual expense, in- (1) the relationship between— construction of a turbine bypass at Pine Flat cluding administrative expenses,’’; (A) the Risk-Based Analysis for Evaluation Dam, Kings River, California. (2) in subsection (b)— of Hydrology/Hydraulics and Economics in (c) LOWER AMAZON CREEK RESTORATION, (A) by striking ‘‘cost’’ and inserting ‘‘ac- Flood Damage Reduction Studies established OREGON.—In accordance with section 1135 of tual cost, including administrative costs,’’; in an Army Corps of Engineers engineering the Water Resources Development Act of and circular; and 1986 (33 U.S.C. 2309a), the Secretary may (B) by striking ‘‘(b) The’’ and inserting ‘‘(c) (B) minimum engineering and safety carry out justified environmental restora- LIABILITY OF OWNER, LESSEE, OR OPERATOR.— standards; tion measures with respect to the flood re- The’’; and (2) the validity of results generated by the duction measures constructed by the Army (3) by inserting after subsection (a) the fol- studies described in paragraph (1); and Corps of Engineers, and the related flood re- lowing: (3) policy impacts related to change in the duction measures constructed by the Natural ‘‘(b) REMOVAL REQUIREMENT.—Not later studies described in paragraph (1). Resources Conservation Service, in the Ama- than 24 hours after the Secretary of the De- (b) TASK FORCE.— zon Creek drainage. The Federal share of the partment in which the Coast Guard is oper- (1) IN GENERAL.—In carrying out the inde- restoration measures shall be jointly funded ating issues an order to stop or delay naviga- pendent evaluation under subsection (a), the by the Army Corps of Engineers and the Nat- tion in any navigable waters of the United Secretary, not later than 90 days after the ural Resources Conservation Service in pro- States because of conditions related to the date of enactment of this Act, shall establish portion to the share required to be paid by sinking or grounding of a vessel, the owner a task force to oversee and review the analy- each agency of the original costs of the flood or operator of the vessel, with the approval sis. reduction measures. of the Secretary of the Army, shall begin re- (2) MEMBERSHIP.—The task force shall con- SEC. 313. ENVIRONMENTAL DREDGING. moval of the vessel using the most expedi- sist of— Section 312 of the Water Resources Devel- tious removal method available or, if appro- (A) the Assistant Secretary of the Army opment Act of 1990 (Public Law 101–640; 33 priate, secure the vessel pending removal to having responsibility for civil works, who U.S.C. 1252 note) is amended by striking sub- allow navigation to resume. If the owner or shall serve as chairperson of the task force; section (f). operator fails to begin removal or to secure (B) the Administrator of the Federal Emer- SEC. 314. FEASIBILITY STUDIES. the vessel pending removal in accordance gency Management Agency; (a) NON-FEDERAL SHARE.—Section 105(a)(1) with the preceding sentence or fails to com- (C) the Chief of the Natural Resources Con- of the Water Resources Development Act of plete removal as soon as possible, the Sec- servation Service of the Department of Agri- 1986 (33 U.S.C. 2215(a)(1)) is amended— retary of the Army shall remove or destroy culture; the vessel using the summary removal proce- (1) in the first sentence, by striking ‘‘dur- (D) a State representative appointed by the dures under subsection (a).’’. ing the period of such study’’; Secretary from among individuals rec- (2) by inserting after the first sentence the SEC. 316. LEVEE OWNERS MANUAL. ommended by the Association of State following: ‘‘During the period of the study, Section 5 of the Act entitled ‘‘An Act au- Floodplain Managers; thorizing the construction of certain public the non-Federal share of the cost of the (E) a local government public works offi- works on rivers and harbors for flood con- study shall be not more than 50 percent of cial appointed by the Secretary from among trol, and for other purposes’’, approved Au- the estimate of the cost of the study as con- individuals recommended by a national orga- gust 18, 1941 (33 U.S.C. 701n), is amended by tained in the feasibility cost sharing agree- nization representing public works officials; adding at the end the following: ment. The cost estimate may be amended and ‘‘(c) LEVEE OWNERS MANUAL.— only by mutual agreement of the Secretary (F) an individual from the private sector, ‘‘(1) IN GENERAL.—Not later than 1 year and the non-Federal interests. The non-Fed- who shall be appointed by the Secretary. eral share of any costs in excess of the cost after the date of enactment of this sub- section, in accordance with chapter 5 of title (3) COMPENSATION.— estimate shall, except as otherwise mutually (A) IN GENERAL.—Except as provided in agreed by the Secretary and the non-Federal 5, United States Code, the Secretary shall prepare a manual describing the mainte- subparagraph (B), a member of the task force interests, be payable after the project has shall serve without compensation. been authorized for construction and on the nance and upkeep responsibilities that the Army Corps of Engineers requires of a non- (B) EXPENSES.—Each member of the task date on which the Secretary and non-Federal force shall be allowed— interests enter into an agreement pursuant Federal interest in order for the non-Federal interest to receive Federal assistance under (i) travel expenses, including per diem in to section 101(e) or 103(j).’’; and lieu of subsistence, at rates authorized for (3) in the last sentence, by striking ‘‘such this section. The Secretary shall provide a copy of the manual at no cost to each non- employees of agencies under subchapter I of non-Federal contribution’’ and inserting chapter 57 of title 5, United States Code, ‘‘the non-Federal share required under this Federal interest that is eligible to receive Federal assistance under this section. while away from the home or regular place paragraph’’. of business of the member in the perform- PPLICABILITY.—The amendments made ‘‘(2) PROHIBITION ON DELEGATION.—The (b) A ance of services for the task force; and by subsection (a) shall apply notwithstand- preparation of the manual shall be carried (ii) other expenses incurred in the perform- ing any feasibility cost sharing agreement out under the personal direction of the Sec- ance of services for the task force, as deter- entered into by the Secretary and non-Fed- retary. mined by the Secretary. eral interests, and the Secretary shall amend ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— (4) TERMINATION.—The task force shall ter- any feasibility cost sharing agreements in There are authorized to be appropriated minate 2 years after the date of enactment of effect on the date of enactment of this Act so $1,000,000 to carry out this subsection. this Act. as to conform the agreements with the ‘‘(4) DEFINITIONS.—In this subsection: (c) LIMITATION ON USE OF METHODOLOGY.— ‘‘(A) MAINTENANCE AND UPKEEP.—The term amendments. Nothing in this section or any During the period beginning on the date of ‘maintenance and upkeep’ means all mainte- amendment made by this section shall re- enactment of this Act and ending 2 years nance and general upkeep of a levee per- quire the Secretary to reimburse the non- after that date, if requested by a non-Federal Federal interests for funds previously con- formed on a regular and consistent basis interest, the Secretary shall refrain from tributed for a study. that is not repair and rehabilitation. using any risk-based technique required SEC. 315. OBSTRUCTION REMOVAL REQUIRE- ‘‘(B) REPAIR AND REHABILITATION.—The under the studies described in subsection (a) MENT. term ‘repair and rehabilitation’— for the evaluation and design of a project (a) PENALTY.—Section 16 of the Act enti- ‘‘(i) except as provided in clause (ii), means carried out in cooperation with the non-Fed- tled ‘‘An Act making appropriations for the the repair or rebuilding of a levee or other eral interest unless the Secretary, in con- construction, repair, and preservation of cer- flood control structure, after the structure sultation with the task force, has provided tain public works on rivers and harbors, and has been damaged by a flood, to the level of direction for use of the technique after con- for other purposes’’, approved March 3, 1899 protection provided by the structure before sideration of the independent evaluation re- (33 U.S.C. 411), is amended— the flood; and quired under subsection (a). (1) by striking ‘‘sections thirteen, fourteen, ‘‘(ii) does not include— (d) AUTHORIZATION OF APPROPRIATIONS.— and fifteen’’ and inserting ‘‘section 13, 14, 15, ‘‘(I) any improvement to the structure; or There are authorized to be appropriated 19, or 20’’; and ‘‘(II) repair or rebuilding described in $500,000 to carry out this section. (2) by striking ‘‘not exceeding twenty-five clause (i) if, in the normal course of usage, SEC. 318. SEDIMENTS DECONTAMINATION TECH- hundred dollars nor less than five hundred the structure becomes structurally unsound NOLOGY. dollars’’ and inserting ‘‘of not more than and is no longer fit to provide the level of Section 405 of the Water Resources Devel- $25,000 for each day that the violation con- protection for which the structure was de- opment Act of 1992 (Public Law 102–580; 33 tinues’’. signed. U.S.C. 2239 note) is amended— July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8751

(1) in subsection (a)— (b) FEDERAL SHARE.—The Federal share of quately represents all interests of non-Fed- (A) in paragraph (2), by adding at the end the cost of capital improvements under this eral public water supply customers. the following: ‘‘The goal of the program shall section shall be 50 percent. The total cost is (2) CONSIDERATION.—An entity receiving be to make possible the development, on an $14,000,000, with an estimated Federal cost of title to the Washington Aqueduct that is not operational scale, of 1 or more sediment de- $7,000,000 and an estimated non-Federal cost composed entirely of the non-Federal public contamination technologies, each of which of $7,000,000. water supply customers shall receive consid- demonstrates a sediment decontamination (c) DEFINITION OF NEW YORK STATE CANAL eration for providing equity for the Aque- capacity of at least 2,500 cubic yards per SYSTEM.—In this section, the term ‘‘New duct. day.’’; and York State canal system’’ means the Erie, (3) PRIORITY ACCESS.—The non-Federal pub- (B) by adding at the end the following: Oswego, Champlain, and Cayuga-Seneca Ca- lic water supply customers shall have prior- ‘‘(3) REPORT TO CONGRESS.—Not later than nals in New York. ity access to any water produced by the Aq- September 30, 1996, and September 30 of each SEC. 326. QUONSET POINT-DAVISVILLE, RHODE ueduct. year thereafter, the Administrator and the ISLAND. (4) CONSENT OF CONGRESS.—Congress grants Secretary shall report to Congress on The Secretary shall replace the bulkhead consent to the non-Federal public water sup- progress made toward the goal described in between piers 1 and 2 at the Quonset Point- ply customers to enter into any interstate paragraph (2).’’; and Davisville Industrial Park, Rhode Island, at agreement or compact required to carry out (2) in subsection (c)— a total cost of $1,350,000. The estimated Fed- this section. (A) by striking ‘‘$5,000,000’’ and inserting eral share of the project cost is $1,012,500, and (5) STATUTORY CONSTRUCTION.—This section ‘‘$10,000,000’’; and the estimated non-Federal share of the shall not preclude the non-Federal public (B) by striking ‘‘1992’’ and inserting ‘‘1996’’. project cost is $337,500. In conjunction with water supply customers from pursuing any SEC. 319. MELALEUCA TREE. this project, the Secretary shall install high option regarding ownership, operation, main- Section 104(a) of the River and Harbor Act mast lighting at pier 2 at a total cost of tenance, and management of the Washington of 1958 (33 U.S.C. 610(a)) is amended by insert- $300,000, with an estimated Federal cost of Aqueduct. (c) PROGRESS REPORT AND PLAN.—Not later ing ‘‘melaleuca tree,’’ after ‘‘milfoil,’’. $225,000 and an estimated non-Federal cost of $75,000. than 1 year after the date of enactment of SEC. 320. FAULKNER ISLAND, CONNECTICUT. this Act, the Secretary shall report to the In consultation with the Director of the SEC. 327. CLOUTER CREEK DISPOSAL AREA, Committee on Environment and Public CHARLESTON, SOUTH CAROLINA. United States Fish and Wildlife Service, the Works in the Senate and the Committee on (a) TRANSFER OF ADMINISTRATIVE JURISDIC- Secretary shall design and construct shore- Transportation and Infrastructure in the line protection measures for the coastline TION.—Notwithstanding any other law, the House of Representatives on any progress in adjacent to the Faulkner Island Lighthouse, Secretary of the Navy shall transfer to the achieving a plan for the transfer of owner- Connecticut, at a total cost of $4,500,000. Secretary administrative jurisdiction over ship, operation, maintenance, and manage- SEC. 321. DESIGNATION OF LOCK AND DAM AT the approximately 1,400 acres of land under ment of the Washington Aqueduct to a pub- THE RED RIVER WATERWAY, LOUISI- the jurisdiction of the Department of the lic or private entity. ANA. Navy that comprise a portion of the Clouter (d) TRANSFER.— (a) DESIGNATION.—Lock and Dam numbered Creek disposal area, Charleston, South Caro- (1) IN GENERAL.—Subject to subsection 4 of the Red River Waterway, Louisiana, is lina. (b)(2) and any terms or conditions the Sec- designated as the ‘‘Russell B. Long Lock and (b) USE OF TRANSFERRED LAND.—The land retary considers appropriate to protect the Dam’’. transferred under subsection (a) shall be used interests of the United States, the Secretary (b) LEGAL REFERENCES.—A reference in any by the Department of the Army as a dredge may, with the consent of the non-Federal law, regulation, document, map, record, or material disposal area for dredging activities public water supply customers and without other paper of the United States to the lock in the vicinity of Charleston, South Caro- consideration to the Federal Government, and dam referred to in subsection (a) shall be lina, including the Charleston Harbor navi- transfer all rights, title, and interest of the deemed to be a reference to the ‘‘Russell B. gation project. United States in the Washington Aqueduct, Long Lock and Dam’’. (c) COST SHARING.—Nothing in this section its real property, facilities, and personalty, SEC. 322. JURISDICTION OF MISSISSIPPI RIVER modifies any non-Federal cost-sharing re- to a public or private entity established or COMMISSION, LOUISIANA. quirement established under title I of the contracted with pursuant to subsection (b). The jurisdiction of the Mississippi River Water Resources Development Act of 1986 (33 (2) ADEQUATE CAPABILITIES.—The Secretary Commission established by the Act of June U.S.C. 2211 et seq.). shall transfer ownership to the Washington 28, 1879 (21 Stat. 37, chapter 43; 33 U.S.C. 641 SEC. 328. NUISANCE AQUATIC VEGETATION IN Aqueduct under paragraph (1) only if the et seq.), is extended to include all of the area LAKE GASTON, VIRGINIA AND Secretary determines, after opportunity for between the eastern side of the Bayou NORTH CAROLINA. public input, that the entity to receive own- Lafourche Ridge from Donaldsonville, Lou- Section 339(b) of the Water Resources De- ership of the Aqueduct has the technical, isiana, to the Gulf of Mexico and the west velopment Act of 1992 (Public Law 102–580; managerial, and financial capability to oper- guide levee of the Mississippi River from 106 Stat. 4855) is amended by striking ‘‘1993 ate, maintain, and manage the Aqueduct. Donaldsonville, Louisiana, to the Gulf of and 1994’’ and inserting ‘‘1995 and 1996’’. (3) RESPONSIBILITIES.—The Secretary shall Mexico. SEC. 329. WASHINGTON AQUEDUCT. not transfer title under this subsection un- SEC. 323. WILLIAM JENNINGS RANDOLPH ACCESS (a) DEFINITIONS.—In this section: less the entity to receive title assumes full ROAD, GARRETT COUNTY, MARY- (1) NON-FEDERAL PUBLIC WATER SUPPLY CUS- responsibility for performing and financing LAND. TOMER.—The term ‘‘non-Federal public water the operation, maintenance, repair, replace- The Secretary shall transfer up to $600,000 supply customer’’ means— ment, rehabilitation, and necessary capital from the funds appropriated for the William (A) the District of Columbia; improvements of the Washington Aqueduct Jennings Randolph Lake, Maryland and West (B) Arlington County, Virginia; and so as to ensure the continued operation of Virginia, project to the State of Maryland (C) the City of Falls Church, Virginia. the Washington Aqueduct consistent with for use by the State in constructing an ac- (2) WASHINGTON AQUEDUCT.—The term Aqueduct’s intended purpose of providing an cess road to the William Jennings Randolph ‘‘Washington Aqueduct’’ means the Washing- uninterrupted supply of potable water suffi- Lake in Garrett County, Maryland. ton Aqueduct facilities and related facilities cient to meet the current and future needs of SEC. 324. ARKABUTLA DAM AND LAKE, MIS- owned by the Federal Government as of the the Aqueduct’s service area. SISSIPPI. date of enactment of this Act, including— (e) INTERIM BORROWING AUTHORITY.— The Secretary shall repair the access roads (A) the dams, intake works, conduits, and (1) BORROWING.— to Arkabutla Dam and Arkabutla Lake in pump stations that capture and transport (A) IN GENERAL.—The Secretary is author- Tate County and DeSoto County, Mis- raw water from the Potomac River to the ized to borrow from the Treasury of the sissippi, at a total cost of not to exceed Dalecarlia Reservoir; United States such amounts for fiscal years $1,400,000. (B) the infrastructure and appurtenances 1997 and 1998 as is sufficient to cover any ob- SEC. 325. NEW YORK STATE CANAL SYSTEM. used to treat water taken from the Potomac ligations that the United States Army Corps (a) IN GENERAL.—In order to make capital River to potable standards; and of Engineers is required to incur in carrying improvements to the New York State canal (C) related water distribution facilities. out capital improvements during fiscal years system, the Secretary, with the consent of (b) REGIONAL ENTITY.— 1997 and 1998 for the Washington Aqueduct to appropriate local and State entities, shall (1) IN GENERAL.—Congress encourages and ensure continued operation of the Aqueduct enter into such arrangements, contracts, and grants consent to the non-Federal public until such time as a transfer of title of the leases with public and private entities as water supply customers to establish a public Aqueduct has taken place. may be necessary for the purposes of reha- or private entity or to enter into an agree- (B) LIMITATION.—The amount borrowed by bilitation, renovation, preservation, and ment with an existing public or private en- the Secretary under subparagraph (A) may maintenance of the New York State canal tity to— not exceed $29,000,000 for fiscal year 1997 and system and related facilities, including (A) receive title to the Washington Aque- $24,000,000 for fiscal year 1998. trailside facilities and other recreational duct; and (C) AGREEMENT.—Amounts borrowed under projects along the waterways referred to in (B) operate, maintain, and manage the subparagraph (A) may only be used for cap- subsection (c). Washington Aqueduct in a manner that ade- ital improvements agreed to by the Army H8752 CONGRESSIONAL RECORD — HOUSE July 30, 1996 Corps of Engineers and the non-Federal pub- tion with other Federal agencies, shall trans- ation and maintenance of carrying out the lic water supply customers. mit to the Committee on Environment and agreement under this section shall be 100 (D) TERMS OF BORROWING.— Public Works in the Senate and the Commit- percent. (i) IN GENERAL.—The Secretary of the tee on Transportation and Infrastructure in (e) APPLICABILITY OF OTHER FEDERAL AND Treasury shall provide the funds borrowed the House of Representatives a report that STATE LAWS AND AGREEMENTS.— under subparagraph (A) under such terms assesses the impact of the borrowing author- (1) IN GENERAL.—Nothing in this section and conditions as the Secretary of Treasury ity referred to in this subsection on the near waives, limits, or otherwise affects the appli- determines to be necessary and in the public term improvement projects in the Washing- cability of any provision of Federal or State interest and subject to the contracts re- ton Aqueduct Improvement Program, work law that would otherwise apply to a project quired in paragraph (2). scheduled during this period and the finan- carried out with assistance provided under (ii) SPECIFIED TERMS.—The term of any cial liability to be incurred. this section. amounts borrowed under subparagraph (A) (f) DELAYED REISSUANCE OF NPDES PER- (2) COOPERATION.—In carrying out this sec- shall be for a period of not less than 20 years. MIT.—In recognition of more efficient water- tion, the Secretary shall cooperate fully There shall be no penalty for the prepayment facility configurations that might be with the heads of appropriate Federal agen- of any amounts borrowed under subpara- achieved through various possible ownership cies, including— graph (A). transfers of the Washington Aqueduct, the (A) the Administrator of the Environ- (2) CONTRACTS WITH PUBLIC WATER SUPPLY United States Environmental Protection mental Protection Agency; CUSTOMERS.— Agency shall delay the reissuance of the (B) the Secretary of Commerce, acting (A) CONTRACTS TO REPAY CORPS DEBT.—To NPDES permit for the Washington Aqueduct through the Administrator of the National the extent provided in appropriations Act, until Federal fiscal year 1999. Oceanic and Atmospheric Administration; and in accordance with paragraph (1), the SEC. 330. CHESAPEAKE BAY ENVIRONMENTAL (C) the Secretary of the Interior, acting Chief of Engineers of the Army Corps of En- RESTORATION AND PROTECTION through the Director of the United States PROGRAM. gineers may enter into a series of contracts Fish and Wildlife Service; and (a) ESTABLISHMENT.— with each public water supply customer (D) the heads of such other Federal agen- under which the customer commits to repay (1) IN GENERAL.—The Secretary shall estab- lish a pilot program to provide environ- cies and agencies of a State or political sub- a pro-rata share (based on water purchase) of division of a State as the Secretary deter- the principal and interest owed by the Sec- mental assistance to non-Federal interests in the Chesapeake Bay watershed. mines to be appropriate. retary to the Secretary of the Treasury (f) DEMONSTRATION PROJECT.—The Sec- (2) FORM.—The assistance shall be in the under paragraph (1). Any customer, or cus- retary shall establish at least 1 project under form of design and construction assistance tomers, may prepay, at any time, the pro- this section in each of the States of Mary- for water-related environmental infrastruc- rata share of the principal and interest then land, Virginia, and Pennsylvania. A project ture and resource protection and develop- owed by the customer and outstanding, or established under this section shall be car- ment projects affecting the Chesapeake Bay any portion thereof, without penalty. Under ried out using such measures as are nec- estuary, including projects for sediment and each of the contracts, the customer that en- essary to protect environmental, historic, erosion control, protection of eroding shore- ters into the contract shall commit to pay and cultural resources. lines, protection of essential public works, any additional amount necessary to fully off- (g) REPORT.—Not later than December 31, set the risk of default on the contract. wastewater treatment and related facilities, 1998, the Secretary shall transmit to Con- water supply and related facilities, and bene- (B) OFFSETTING OF RISK OF DEFAULT.—Each gress a report on the results of the program contract under subparagraph (A) shall in- ficial uses of dredged material, and other re- carried out under this section, together with clude such additional terms and conditions lated projects that may enhance the living a recommendation concerning whether or as the Secretary of the Treasury may require resources of the estuary. not the program should be implemented on a (b) PUBLIC OWNERSHIP REQUIREMENT.—The so that the value to the Government of the national basis. Secretary may provide assistance for a contracts is estimated to be equal to the (h) AUTHORIZATION OF APPROPRIATIONS.— project under this section only if the project obligational authority used by the Army There are authorized to be appropriated to is publicly owned, and will be publicly oper- Corps of Engineers for modernizing the carry out this section $10,000,000, to remain ated and maintained. Washington Aqueduct at the time that each available until expended. (c) LOCAL COOPERATION AGREEMENT.— series of contracts is entered into. (1) IN GENERAL.—Before providing assist- SEC. 331. RESEARCH AND DEVELOPMENT PRO- (C) OTHER CONDITIONS.—Each contract en- ance under this section, the Secretary shall GRAM TO IMPROVE SALMON SUR- VIVAL. tered into under subparagraph (A) shall— enter into a local cooperation agreement (a) SALMON SURVIVAL ACTIVITIES.— (i) provide that the public water supply with a non-Federal interest to provide for de- (1) IN GENERAL.—The Secretary shall accel- customer pledges future income only from sign and construction of the project to be erate ongoing research and development ac- fees assessed to operate and maintain the carried out with the assistance. Washington Aqueduct; tivities, and is authorized to carry out or (2) REQUIREMENTS.—Each local cooperation participate in additional research and devel- (ii) provide the United States priority in agreement entered into under this sub- opment activities, for the purpose of devel- regard to income from fees assessed to oper- section shall provide for— oping innovative methods and technologies ate and maintain the Washington Aqueduct; (A) the development by the Secretary, in for improving the survival of salmon, espe- and consultation with appropriate Federal, (iii) include other conditions not inconsist- State, and local officials, of a facilities or re- cially salmon in the Columbia River Basin. ent with this section that the Secretary of source protection and development plan, in- (2) ACCELERATED ACTIVITIES.—Accelerated the Treasury determines to be appropriate. cluding appropriate engineering plans and research and development activities referred (3) EXTENSION OF BORROWING AUTHORITY.—If specifications and an estimate of expected to in paragraph (1) may include research and no later than 24 months from the date of en- resource benefits; and development related to— actment of this Act, a written agreement in (B) the establishment of such legal and in- (A) impacts from water resources projects principle has been reached between the Sec- stitutional structures as are necessary to en- and other impacts on salmon life cycles; retary, the non-Federal public water supply sure the effective long-term operation and (B) juvenile and adult salmon passage; customers, and (if one exists) the public or maintenance of the project by the non-Fed- (C) light and sound guidance systems; private entity proposed to own, operate, eral interest. (D) surface-oriented collector systems; maintain, and manage the Washington Aque- (d) COST SHARING.— (E) transportation mechanisms; and duct, then it shall be appropriated to the (1) FEDERAL SHARE.—Except as provided in (F) dissolved gas monitoring and abate- Secretary for fiscal year 1999 borrowing au- paragraph (2)(B), the Federal share of the ment. thority, and the Secretary shall borrow, total project costs of each local cooperation (3) ADDITIONAL ACTIVITIES.—Additional re- under the same terms and conditions noted agreement entered into under this section search and development activities referred in this subsection, in an amount sufficient to shall be 75 percent. to in paragraph (1) may include research and cover those obligations which the Army (2) NON-FEDERAL SHARE.— development related to— Corps of Engineers is required to incur in (A) VALUE OF LANDS, EASEMENTS, RIGHTS- (A) marine mammal predation on salmon; carrying out capital improvements that year OF-WAY, AND RELOCATIONS.—In determining (B) studies of juvenile salmon survival in for the Washington Aqueduct to ensure con- the non-Federal contribution toward carry- spawning and rearing areas; tinued operations until the transfer con- ing out a local cooperation agreement en- (C) estuary and near-ocean juvenile and templated in subsection (b) has taken place, tered into under this section, the Secretary adult salmon survival; provided that this borrowing shall not ex- shall provide credit to a non-Federal interest (D) impacts on salmon life cycles from ceed $22,000,000 in fiscal year 1999; provided for the value of lands, easements, rights-of- sources other than water resources projects; also that no such borrowings shall occur way, and relocations provided by the non- and once such non-Federal public or private Federal interest, except that the amount of (E) other innovative technologies and ac- owner shall have been established and credit provided for a project under this para- tions intended to improve fish survival, in- achieved the capacity to borrow on its own. graph may not exceed 25 percent of the total cluding the survival of resident fish. (4) IMPACT ON IMPROVEMENT PROGRAM.—Not project costs. (4) COORDINATION.—The Secretary shall co- later than 6 months after the date of enact- (B) OPERATION AND MAINTENANCE COSTS.— ordinate any activities carried out under ment of this Act, the Secretary, in consulta- The non-Federal share of the costs of oper- this subsection with appropriate Federal, July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8753 State, and local agencies, affected Indian ‘‘SEC. 4. DEFINITIONS. ‘‘(v) consideration of additional relevant tribes, and the Northwest Power Planning ‘‘In this Act: information. Council. ‘‘(1) SHORE.—The term ‘shore’ includes ‘‘(3) SITES.— (5) REPORT.—Not later than 3 years after each shoreline of each’’; and ‘‘(A) IN GENERAL.—Each demonstration the date of enactment of this Act, the Sec- (2) by adding at the end the following: project under the erosion control program retary shall transmit to Congress a report on ‘‘(2) SHORE PROTECTION PROJECT.—The term shall be carried out at a privately owned site the research and development activities car- ‘shore protection project’ includes a project with substantial public access, or a publicly ried out under this subsection, including any for beach nourishment, including the re- owned site, on open coast or on tidal waters. recommendations of the Secretary concern- placement of sand.’’. ‘‘(B) SELECTION.—The Secretary shall de- ing the research and development activities. SEC. 334. SHORELINE EROSION CONTROL DEM- velop criteria for the selection of sites for (6) AUTHORIZATION OF APPROPRIATIONS.— ONSTRATION. the demonstration projects, including— There are authorized to be appropriated (a) NATIONAL SHORELINE EROSION CONTROL ‘‘(i) a variety of geographical and climatic $10,000,000 to carry out research and develop- DEVELOPMENT AND DEMONSTRATION PRO- conditions; ment activities under subparagraphs (A) GRAM.—The Act of August 13, 1946 (60 Stat. ‘‘(ii) the size of the population that is de- through (C) of paragraph (3). 1056, chapter 960; 33 U.S.C. 426e et seq.), is pendent on the beaches for recreation, pro- (b) ADVANCED TURBINE DEVELOPMENT.— amended by adding at the end the following: tection of homes, or commercial interests; (1) IN GENERAL.—In conjunction with the ‘‘SEC. 5. NATIONAL SHORELINE EROSION CON- ‘‘(iii) the rate of erosion; Secretary of Energy, the Secretary shall ac- TROL DEVELOPMENT AND DEM- ‘‘(iv) significant natural resources or habi- celerate efforts toward developing innova- ONSTRATION PROGRAM. tats and environmentally sensitive areas; tive, efficient, and environmentally safe hy- ‘‘(a) DEFINITIONS.—In this section: and dropower turbines, including design of ‘‘fish- ‘‘(1) EROSION CONTROL PROGRAM.—The term ‘‘(v) significant threatened historic struc- friendly’’ turbines, for use on the Columbia ‘erosion control program’ means the na- tures or landmarks. River hydro system. tional shoreline erosion control development ‘‘(C) AREAS.—Demonstration projects (2) AUTHORIZATION OF APPROPRIATIONS.— and demonstration program established under the erosion control program shall be There are authorized to be appropriated under this section. carried out at not fewer than 2 sites on each $12,000,000 to carry out this subsection. ‘‘(2) SECRETARY.—The term ‘Secretary’ of the shorelines of— (c) IMPLEMENTATION.—Nothing in this sec- means the Secretary of the Army, acting ‘‘(i) the Atlantic, Gulf, and Pacific coasts; tion affects the authority of the Secretary to through the Chief of Engineers of the Army ‘‘(ii) the Great Lakes; and implement the results of the research and Corps of Engineers. ‘‘(iii) the State of Alaska. development carried out under this section ‘‘(b) ESTABLISHMENT OF EROSION CONTROL ‘‘(d) COOPERATION.— or any other law. PROGRAM.—The Secretary shall establish and ‘‘(1) PARTIES.—The Secretary shall carry SEC. 332. RECREATIONAL USER FEES. conduct a national shoreline erosion control out the erosion control program in coopera- (a) IN GENERAL.—Section 210(b)(4) of the development and demonstration program for tion with— Flood Control Act of 1968 (16 U.S.C. 460d– a period of 8 years beginning on the date ‘‘(A) the Secretary of Agriculture, particu- 3(b)(4)) is amended by inserting before the larly with respect to vegetative means of period at the end the following: ‘‘and, subject that funds are made available to carry out this section. preventing and controlling shoreline erosion; to the availability of appropriations, shall be ‘‘(B) Federal, State, and local agencies; used for the purposes specified in section ‘‘(c) REQUIREMENTS.— ‘‘(1) IN GENERAL.—The erosion control pro- ‘‘(C) private organizations; 4(i)(3) of the Act at the water resources de- ‘‘(D) the Coastal Engineering Research velopment project at which the fees were gram shall include provisions for— ‘‘(A) demonstration projects consisting of Center established under the first section of collected’’. Public Law 88–172 (33 U.S.C. 426–1); and (b) REPORT.—Not later than 90 days after planning, designing, and constructing proto- ‘‘(E) university research facilities. the date of enactment of this Act, the Sec- type engineered and vegetative shoreline ‘‘(2) AGREEMENTS.—The cooperation de- retary shall prepare and submit to the Com- erosion control devices and methods during scribed in paragraph (1) may include enter- mittee on Environment and Public Works of the first 5 years of the erosion control pro- ing into agreements with other Federal, the Senate and the Committee on Transpor- gram; State, or local agencies or private organiza- tation and Infrastructure of the House of ‘‘(B) adequate monitoring of the proto- tions to carry out functions described in sub- Representatives a report, with respect to fis- types throughout the duration of the erosion section (c)(1) when appropriate. cal year 1995, on— control program; ‘‘(e) REPORT.—Not later than 60 days after ‘‘(C) detailed engineering and environ- (1) the amount of day-use fees collected the conclusion of the erosion control pro- mental reports on the results of each dem- under section 210(b) of the Flood Control Act gram, the Secretary shall prepare and sub- onstration project carried out under the ero- of 1968 (16 U.S.C. 460d–3(b)) at each water re- mit an erosion control program final report sion control program; and sources development project; and to the Committee on Environment and Pub- ‘‘(D) technology transfers to private prop- (2) the administrative costs associated lic Works of the Senate and the Committee erty owners and State and local entities. with the collection of the day-use fees at on Transportation and Infrastructure of the MPHASIS.—The demonstration each water resources development project. ‘‘(2) E House of Representatives. The report shall SEC. 333. SHORE PROTECTION. projects carried out under the erosion con- include a comprehensive evaluation of the (a) IN GENERAL.—Subsection (a) of the first trol program shall emphasize, to the extent erosion control program and recommenda- section of the Act of August 13, 1946 (60 Stat. practicable— tions regarding the continuation of the ero- 1056, chapter 960; 33 U.S.C. 426e(a)), is amend- ‘‘(A) the development and demonstration sion control program. ed— of innovative technologies; ‘‘(f) FUNDING.— (1) by striking ‘‘damage to the shores’’ and ‘‘(B) efficient designs to prevent erosion at ‘‘(1) IN GENERAL.—Subject to paragraph (2), inserting ‘‘damage to the shores and beach- a shoreline site, taking into account the life- the Federal share of the cost of a demonstra- es’’; and cycle cost of the design, including cleanup, tion project under the erosion control pro- (2) by striking ‘‘the following provisions’’ maintenance, and amortization; gram shall be determined in accordance with and all that follows through the period at ‘‘(C) natural designs, including the use of section 3. the end and inserting the following: ‘‘this vegetation or temporary structures that ‘‘(2) RESPONSIBILITY.—The cost of and re- Act, to promote shore protection projects minimize permanent structural alterations; sponsibility for operation and maintenance and related research that encourage the pro- ‘‘(D) the avoidance of negative impacts to (excluding monitoring) of a demonstration tection, restoration, and enhancement of adjacent shorefront communities; project under the erosion control program sandy beaches, including beach restoration ‘‘(E) in areas with substantial residential shall be borne by non-Federal interests on and periodic beach nourishment, on a com- or commercial interests adjacent to the completion of construction of the dem- prehensive and coordinated basis by the Fed- shoreline, designs that do not impair the aes- onstration project.’’. eral Government, States, localities, and pri- thetic appeal of the interests; (b) CONFORMING AMENDMENT.—Subsection vate enterprises. In carrying out this policy, ‘‘(F) the potential for long-term protection (e) of the first section of the Act of August preference shall be given to areas in which afforded by the technology; and 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. there has been a Federal investment of funds ‘‘(G) recommendations developed from 426e(e)), is amended by striking ‘‘section 3’’ and areas with respect to which the need for evaluations of the original 1974 program es- and inserting ‘‘section 3 or 5’’. prevention or mitigation of damage to shores tablished under the Shoreline Erosion Con- SEC. 335. REVIEW PERIOD FOR STATE AND FED- and beaches is attributable to Federal navi- trol Demonstration Act of 1974 (section 54 of ERAL AGENCIES. gation projects or other Federal activities.’’. Public Law 93–251; 42 U.S.C. 1962d–5 note), in- Paragraph (a) of the first section of the (b) DEFINITION OF SHORE PROTECTION cluding— Act entitled ‘‘An Act authorizing the con- PROJECT.—Section 4 of the Act of August 13, ‘‘(i) adequate consideration of the struction of certain public works on rivers 1946 (60 Stat. 1057, chapter 960; 33 U.S.C. subgrade; and harbors for flood control, and for other 426h), is amended— ‘‘(ii) proper filtration; purposes’’, approved December 22, 1944 (33 (1) by striking ‘‘SEC. 4. As used in this Act, ‘‘(iii) durable components; U.S.C. 701–1(a)), is amended— the word ‘shores’ includes all the shorelines’’ ‘‘(iv) adequate connection between units; (1) in the ninth sentence, by striking and inserting the following: and ‘‘ninety’’ and inserting ‘‘30’’; and H8754 CONGRESSIONAL RECORD — HOUSE July 30, 1996 (2) in the eleventh sentence, by striking SEC. 337. APPLICABILITY OF COST-SHARING PRO- ‘Bonneville Project Act of 1937’) (50 Stat. 731, ‘‘ninety-day’’ and inserting ‘‘30-day’’. VISIONS. chapter 720; 16 U.S.C. 832 et seq.), and modi- SEC. 336. DREDGED MATERIAL DISPOSAL FACILI- Section 103(e)(1) of the Water Resources fied by section 83 of the Water Resources De- TIES. Development Act of 1986 (33 U.S.C. 2213(e)(1)) velopment Act of 1974 (Public Law 93–251; 88 (a) IN GENERAL.—Section 101 of the Water is amended by adding at the end the follow- Stat. 35), is further modified to authorize the Resources Development Act of 1986 (33 U.S.C. ing: ‘‘For the purpose of the preceding sen- Secretary of the Army to convey to the city 2211) is amended by adding at the end the fol- tence, physical construction shall be consid- of North Bonneville, Washington (referred to lowing: ered to be initiated on the date of the award in this section as the ‘city’), at no further ‘‘(f) DREDGED MATERIAL DISPOSAL FACILI- of a construction contract.’’. cost to the city, all right, title, and interest TIES.— SEC. 338. SECTION 215 REIMBURSEMENT LIMITA- of the United States in and to— ‘‘(1) IN GENERAL.—The construction of all TION PER PROJECT. ‘‘(A) any municipal facilities, utilities, fix- dredged material disposal facilities associ- (a) IN GENERAL.—The last sentence of sec- tures, and equipment for the relocated city, ated with Federal navigation projects for tion 215(a) of the Flood Control Act of 1968 and any remaining lands designated as open harbors and inland harbors, including diking (42 U.S.C. 1962d–5a(a)) is amended— spaces or municipal lots not previously con- and other improvements necessary for the (1) by striking ‘‘$3,000,000’’ and inserting veyed to the city, specifically Lots M1 proper disposal of dredged material, shall be ‘‘$5,000,000’’; and through M15, M16 (known as the ‘community considered to be general navigation features (2) by striking the second period at the center lot’), M18, M19, M22, M24, S42 through of the projects and shall be cost-shared in ac- end. S45, and S52 through S60, as shown on the cordance with subsection (a). (b) MODIFICATION OF REIMBURSEMENT LIMI- plats of Skamania County, Washington; ‘‘(2) COST SHARING FOR OPERATION AND TATION FOR SAN ANTONIO RIVER AUTHORITY.— ‘‘(B) the lot known as the ‘school lot’ and MAINTENANCE.— Notwithstanding the last sentence of section shown as Lot 2, Block 5, on the plats of relo- ‘‘(A) IN GENERAL.—The Federal share of the 215(a) of the Flood Control Act of 1968 (42 cated North Bonneville, recorded in cost of operation and maintenance of each U.S.C. 1962d–5a(a)) and the agreement exe- Skamania County, Washington; disposal facility to which paragraph (1) ap- cuted on November 7, 1992, by the Secretary ‘‘(C) Parcels 2 and C, but only on the com- plies shall be determined in accordance with and the San Antonio River Authority, Texas, pletion of any environmental response ac- subsection (b). the Secretary shall reimburse the San Anto- tivities required under applicable law; ‘‘(B) SOURCE OF FEDERAL SHARE.—The Fed- nio River Authority in an amount not to ex- ‘‘(D) that portion of Parcel B lying south eral share of the cost of construction of ceed a total of $5,000,000 for the work carried of the city boundary, west of the sewage dredged material disposal facilities associ- out by the Authority under the agreement, treatment plant, and north of the drainage ated with the operation and maintenance of including any amounts paid to the Authority ditch that is located adjacent to the north- Federal navigation projects for harbors and under the terms of the agreement before the erly limit of the Hamilton Island landfill, if inland harbors shall be— date of enactment of this Act. the Secretary of the Army determines, at ‘‘(i) considered to be eligible operation and SEC. 339. WAIVER OF UNECONOMICAL COST- the time of the proposed conveyance, that maintenance costs for the purpose of section SHARING REQUIREMENT. the Department of the Army has taken all 210(a); and The first sentence of section 221(a) of the actions necessary to protect human health ‘‘(ii) paid with sums appropriated out of Flood Control Act of 1970 (42 U.S.C. 1962d– and the environment; the Harbor Maintenance Trust Fund estab- 5b(a)) is amended by inserting before the pe- ‘‘(E) such portions of Parcel H as can be lished by section 9505 of the Internal Reve- riod at the end the following: ‘‘, except that conveyed without a requirement for further nue Code of 1986. no such agreement shall be required if the investigation, inventory, or other action by ‘‘(3) APPORTIONMENT OF FUNDING.—The Sec- Secretary determines that the administra- the Secretary of the Army under the Na- retary shall ensure, to the extent prac- tive costs associated with negotiating, exe- tional Historic Preservation Act (16 U.S.C. ticable, that— cuting, or administering the agreement 470 et seq.); and ‘‘(A) funding requirements for operation would exceed the amount of the contribution ‘‘(F) such easements as the Secretary of and maintenance dredging of commercial required from the non-Federal interest’’. the Army considers necessary for— navigation harbors are considered fully be- ‘‘(i) sewer and water line crossings of relo- SEC. 340. PLANNING ASSISTANCE TO STATES. cated Washington State Highway 14; and fore Federal funds are obligated for payment Section 22 of the Water Resources Develop- of the Federal share of costs associated with ‘‘(ii) reasonable public access to the Co- ment Act of 1974 (42 U.S.C. 1962d–16) is lumbia River across such portions of Hamil- the construction of dredged material dis- amended— posal facilities under paragraph (1); and ton Island as remain in the ownership of the (1) in subsection (a), by inserting ‘‘, water- United States. ‘‘(B) funds expended for such construction sheds, and ecosystems’’ after ‘‘basins’’; are equitably apportioned in accordance with ‘‘(2) TIMING OF CONVEYANCES.—The convey- (2) in subsection (b)— ances described in subparagraphs (A), (B), regional needs. (A) by striking paragraph (2); and ‘‘(4) APPLICABILITY.— (E), and (F)(i) of paragraph (1) shall be com- (B) by redesignating paragraphs (3) and (4) pleted not later than 180 days after the Unit- ‘‘(A) IN GENERAL.—This subsection shall as paragraphs (2) and (3), respectively; and apply to the construction of any dredged ma- ed States receives the release described in (3) in subsection (c)— subsection (b)(2). All other conveyances shall terial disposal facility for which a contract (A) by striking ‘‘$6,000,000’’ and inserting for construction has not been awarded on or be completed expeditiously, subject to any ‘‘$10,000,000’’; and conditions specified in the applicable sub- before the date of enactment of this sub- (B) by striking ‘‘$300,000’’ and inserting section. paragraph of paragraph (1). ‘‘$500,000’’. ‘‘(b) EFFECT OF CONVEYANCES.— ‘‘(B) AMENDMENT OF EXISTING AGREE- SEC. 341. RECOVERY OF COSTS FOR CLEANUP OF ‘‘(1) CONGRESSIONAL INTENT.—The convey- MENTS.—The Secretary may, with the con- HAZARDOUS SUBSTANCES. sent of the non-Federal interest, amend a ances authorized by subsection (a) are in- Any amount recovered under section 107 of project cooperation agreement executed be- tended to resolve all outstanding issues be- the Comprehensive Environmental Response, fore the date of enactment of this subsection tween the United States and the city. Compensation, and Liability Act of 1980 (42 to reflect paragraph (1) with respect to any ‘‘(2) ACTION BY CITY BEFORE CONVEYANCES.— U.S.C. 9607) for any response action taken by dredged material disposal facility for which As prerequisites to the conveyances, the city the Secretary in support of the civil works a contract for construction has not been shall— program of the Army Corps of Engineers, and awarded as of that date. ‘‘(A) execute an acknowledgment of pay- any amount recovered by the Secretary from ment of just compensation; ‘‘(5) NON-FEDERAL SHARE OF COSTS.—Noth- a contractor, insurer, surety, or other person ing in this subsection shall impose, increase, ‘‘(B) execute a release of all claims for re- to reimburse the Secretary for any expendi- or result in the increase of the non-Federal lief of any kind against the United States ture for environmental response activities in share of the costs of any existing dredged arising from the relocation of the city or any support of the civil works program, shall be material disposal facility authorized to be Federal statute enacted before the date of credited to the trust fund account to which provided before the date of enactment of this enactment of this subparagraph relating to the cost of the response action has been or subsection.’’. the city; and will be charged. (b) DEFINITION OF ELIGIBLE OPERATIONS AND ‘‘(C) dismiss, with prejudice, any pending MAINTENANCE.—Section 214(2)(A) of the SEC. 342. CITY OF NORTH BONNEVILLE, WASH- litigation involving matters described in Water Resources Development Act of 1986 (33 INGTON. subparagraph (B). U.S.C. 2241(2)(A)) is amended by inserting be- Section 9147 of the Department of Defense ‘‘(3) ACTION BY ATTORNEY GENERAL.—On re- fore the period at the end the following: ‘‘, Appropriations Act, 1993 (Public Law 102–396; ceipt of the city’s acknowledgment and re- dredging and disposal of contaminated sedi- 106 Stat. 1940), is amended to read as follows: lease described in paragraph (2), the Attor- ments that are in or that affect the mainte- ‘‘SEC. 9147. CITY OF NORTH BONNEVILLE, WASH- ney General shall— nance of a Federal navigation channel, miti- INGTON. ‘‘(A) dismiss any pending litigation arising gation for storm damage and environmental ‘‘(a) CONVEYANCES.— from the relocation of the city; and impacts resulting from a Federal mainte- ‘‘(1) IN GENERAL.—The project for Bonne- ‘‘(B) execute a release of all rights to dam- nance activity, and operation and mainte- ville Lock and Dam, Columbia River, Oregon ages of any kind (including any interest on nance of a dredged material disposal facil- and Washington, authorized by the Act of the damages) under Town of North Bonne- ity’’. August 20, 1937 (commonly known as the ville, Washington v. United States, 11 Cl. Ct. July 30, 1996 CONGRESSIONAL RECORD — HOUSE H8755

694, aff’d in part and rev’d in part, 833 F.2d (E) the 14.69 acres of property commonly (A) ADMINISTRATIVE COSTS.—A local gov- 1024 (Fed. Cir. 1987), cert. denied, 485 U.S. 1007 known as ‘‘Byers Landing’’ that is des- ernment to which property is conveyed (1988). ignated by the shaded portion of Lots 2 and under this section shall pay all administra- ‘‘(4) ACTION BY CITY AFTER CONVEYANCES.— 3, Section 2, Township 10 North, Range 28 tive costs associated with the conveyance. Not later than 60 days after the conveyances East, W.M. on Exhibit D to Supplemental (B) PARK AND RECREATION PROPERTIES.— authorized by subparagraphs (A) through Agreement No. 2 to Army Lease No. DACW– Properties to be conveyed under this section (F)(i) of subsection (a)(1) have been com- 68–1–77–20; and that will be retained in public ownership and pleted, the city shall— (F) all levees in Franklin County, Wash- used for public park and recreation purposes ‘‘(A) execute an acknowledgment that all ington, as of the date of enactment of this shall be conveyed without consideration. If entitlements to the city under the subpara- Act, and the property on which the levees any such property is no longer used for pub- graphs have been fulfilled; and are situated. lic park and recreation purposes, title to the ‘‘(B) execute a release of all claims for re- (3) CITY OF KENNEWICK, WASHINGTON.—The property shall revert to the United States. lief of any kind against the United States property to be conveyed under subsection (a) (C) OTHER PROPERTIES.—Properties to be arising from this section. to the city of Kennewick, Washington, is the conveyed under this section and not de- ‘‘(c) AUTHORITY OF CITY OVER CERTAIN property in the city that is subject to the scribed in subparagraph (B) shall be con- LANDS.—Beginning on the date of enactment Municipal Sublease Agreement entered into veyed at fair market value. of paragraph (1), the city or any successor in on April 6, 1989, between Benton County, (d) LAKE WALLULA LEVEES.— interest to the city— Washington, and the cities of Kennewick and (1) DETERMINATION OF MINIMUM SAFE ‘‘(1) shall be precluded from exercising any Richland, Washington. HEIGHT.— jurisdiction over any land owned in whole or (4) CITY OF RICHLAND, WASHINGTON.—The (A) CONTRACT.—Not later than 30 days in part by the United States and adminis- property to be conveyed under subsection (a) after the date of enactment of this Act, the tered by the Army Corps of Engineers in con- to the city of Richland, Washington, is the Secretary shall contract with a private en- nection with the Bonneville project; and property in the city that is subject to the tity agreed to under subparagraph (B) to de- ‘‘(2) may change the zoning designations Municipal Sublease Agreement entered into termine, not later than 180 days after the of, sell, or resell Parcels S35 and S56, which on April 6, 1989, between Benton County, date of enactment of this Act, the minimum are designated as open spaces as of the date Washington, and the cities of Kennewick and safe height for the levees of the project for of enactment of this paragraph.’’. Richland, Washington. flood control, Lake Wallula, Washington. The Secretary shall have final approval of SEC. 343. COLUMBIA RIVER TREATY FISHING AC- (5) CITY OF PASCO, WASHINGTON.—The prop- CESS. erty to be conveyed under subsection (a) to the minimum safe height. (B) AGREEMENT OF LOCAL OFFICIALS.—A Section 401(a) of Public Law 100–581 (102 the city of Pasco, Washington, is— Stat. 2944) is amended— contract shall be entered into under subpara- (A) the property in the city of Pasco, (1) by striking ‘‘(a) All Federal’’ and all graph (A) only with a private entity agreed Washington, that is leased under Army that follows through ‘‘Columbia River Gorge to by the Secretary, appropriate representa- Lease No. DACW–68–1–77–10; and Commission’’ and inserting the following: tives of Franklin County, Washington, and (B) all levees in the city, as of the date of ‘‘(a) EXISTING FEDERAL LANDS.— appropriate representatives of the city of enactment of this Act, and the property on ‘‘(1) IN GENERAL.—All Federal lands that Pasco, Washington. which the levees are situated. are included within the 20 recommended (2) AUTHORITY.—A local government may (6) PORT OF PASCO, WASHINGTON.—The prop- treaty fishing access sites set forth in the reduce, at its cost, the height of any levee of erty to be conveyed under subsection (a) to publication of the Army Corps of Engineers the project for flood control, Lake Wallula, the Port of Pasco, Washington, is— entitled ‘Columbia River Treaty Fishing Ac- Washington, within the boundaries of the (A) the property owned by the United cess Sites Post Authorization Change Re- area under the jurisdiction of the local gov- States that is south of the Burlington North- port’, dated April 1995,’’; and ernment to a height not lower than the mini- ern Railroad tracks in Lots 1 and 2, Section (2) by adding at the end the following: mum safe height determined under para- 20, Township 9 North, Range 31 East, W.M.; ‘‘(2) BOUNDARY ADJUSTMENTS.—The Sec- graph (1). and retary of the Army, in consultation with af- SEC. 345. DESIGNATION OF LOCKS AND DAMS ON (B) the property owned by the United fected tribes, may make such minor bound- TENNESSEE-TOMBIGBEE WATER- States that is south of the Burlington North- ary adjustments to the lands referred to in WAY. ern Railroad tracks in Lots 1, 2, 3, and 4, in paragraph (1) as the Secretary determines (a) IN GENERAL.—The following locks, and each of Sections 21, 22, and 23, Township 9 are necessary to carry out this title.’’. locks and dams, on the Tennessee-Tombigbee North, Range 31 East, W.M. Waterway, located in the States of Alabama, SEC. 344. TRI-CITIES AREA, WASHINGTON. (7) ADDITIONAL PROPERTIES.—In addition to Kentucky, Mississippi, and Tennessee, are (a) GENERAL AUTHORITY.—As soon as prac- properties described in paragraphs (1) ticable after the date of enactment of this designated as follows: through (6), the Secretary may convey to a Act, the Secretary shall make the convey- (1) Gainesville Lock and Dam at Mile 266 ances to the local governments referred to in local government referred to in any of para- designated as Howell Heflin Lock and Dam. subsection (b) of all right, title, and interest graphs (1) through (6) such properties under (2) Columbus Lock and Dam at Mile 335 of the United States in and to the property the jurisdiction of the Secretary in the Tri- designated as John C. Stennis Lock and described in subsection (b). Cities area as the Secretary and the local Dam. (b) PROPERTY DESCRIPTIONS.— government agree are appropriate for con- (3) The lock and dam at Mile 358 designated (1) BENTON COUNTY, WASHINGTON.—The veyance. as Aberdeen Lock and Dam. property to be conveyed under subsection (a) (c) TERMS AND CONDITIONS.— (4) Lock A at Mile 371 designated as Amory to Benton County, Washington, is the prop- (1) IN GENERAL.—The conveyances under Lock. erty in the county that is designated ‘‘Area subsection (a) shall be subject to such terms (5) Lock B at Mile 376 designated as Glover D’’ on Exhibit A to Army Lease No. DACW– and conditions as the Secretary considers Wilkins Lock. 68–1–81–43. necessary and appropriate to protect the in- (6) Lock C at Mile 391 designated as Fulton (2) FRANKLIN COUNTY, WASHINGTON.—The terests of the United States. Lock. (7) Lock D at Mile 398 designated as John property to be conveyed under subsection (a) (2) SPECIAL RULES FOR FRANKLIN COUNTY.— to Franklin County, Washington, is— The property described in subsection Rankin Lock. (A) the 105.01 acres of property leased (b)(2)(F) shall be conveyed only after Frank- (8) Lock E at Mile 407 designated as G.V. under Army Lease No. DACW–68–1–77–20 as lin County, Washington, enters into a writ- ‘‘Sonny’’ Montgomery Lock. executed by Franklin County, Washington, ten agreement with the Secretary that pro- (9) Bay Springs Lock and Dam at Mile 412 on April 7, 1977; vides that the United States shall continue designated as Jamie Whitten Lock and Dam. (b) LEGAL REFERENCES.—A reference in any (B) the 35 acres of property leased under to operate and maintain the flood control law, regulation, document, map, record, or Supplemental Agreement No. 1 to Army drainage areas and pump stations on the other paper of the United States to a lock, or Lease No. DACW–68–1–77–20; property conveyed and that the United lock and dam, referred to in subsection (a) (C) the 20 acres of property commonly States shall be provided all easements and shall be deemed to be a reference to the des- known as ‘‘Richland Bend’’ that is des- rights necessary to carry out the agreement. ignation for the lock, or lock and dam, pro- ignated by the shaded portion of Lot 1, Sec- (3) SPECIAL RULE FOR CITY OF PASCO.—The vided in the subsection. tion 11, and the shaded portion of Lot 1, Sec- property described in subsection (b)(5)(B) SEC. 346. DESIGNATION OF J. BENNETT JOHN- tion 12, Township 9 North, Range 28 East, shall be conveyed only after the city of STON WATERWAY. W.M. on Exhibit D to Supplemental Agree- Pasco, Washington, enters into a written (a) IN GENERAL.—The portion of the Red ment No. 2 to Army Lease No. DACW–68–1– agreement with the Secretary that provides River, Louisiana, from new river mile 0 to 77–20; that the United States shall continue to op- new river mile 235 shall be known and des- (D) the 7.05 acres of property commonly erate and maintain the flood control drain- ignated as the ‘‘J. Bennett Johnston Water- known as ‘‘Taylor Flat’’ that is designated age areas and pump stations on the property way’’. by the shaded portion of Lot 1, Section 13, conveyed and that the United States shall be (b) REFERENCES.—Any reference in any Township 11 North, Range 28 East, W.M. on provided all easements and rights necessary law, regulation, document, map, record, or Exhibit D to Supplemental Agreement No. 2 to carry out the agreement. other paper of the United States to the por- to Army Lease No. DACW–68–1–77–20; (4) CONSIDERATION.— tion of the Red River described in subsection H8756 CONGRESSIONAL RECORD — HOUSE July 30, 1996 (a) shall be deemed to be a reference to the was approved unanimously by the Com- Born in Mayaguez, Puerto Rico, Mr. Rivera ‘‘J. Bennett Johnston Waterway’’. mittee on Government Reform and personified all the virtues of hard work, dedi- SEC. 347. TECHNICAL CORRECTIONS. Oversight. This legislation, designating cation, and commitment to the service of his (a) CONTRIBUTIONS FOR ENVIRONMENTAL AND the U.S. Post Office Building located at country that Americans hold dear. After mi- RECREATION PROJECTS.—Section 203(b) of the 153 East 110th Street, New York, NY as grating to New York City, he worked in a fac- Water Resources Development Act of 1992 (33 the ‘‘Oscar Garcia Rivera Post Office U.S.C. 2325(b)) is amended by striking tory in Brooklyn while studying at night at my ‘‘(8662)’’ and inserting ‘‘(8862)’’. Building,’’ was introduced by the gen- own alma mater, St. John's Law School. (b) CHALLENGE COST-SHARING PROGRAM.— tleman from New York, [Mr. SERRANO], Like so many minorities of his generation The second sentence of section 225(c) of the and was cosponsored by his full State and still today, he found work in the post of- Act (33 U.S.C. 2328(c)) is amended by striking delegation, as required by committee fice, where he later helped establish the Asso- ‘‘(8662)’’ and inserting ‘‘(8862)’’. policy. ciation of Puerto Rican and Hispanic Employ- MOTION OFFERED BY MR. SHUSTER H.R. 885 honors the first Puerto ees of the U.S. Postal Service. Mr. SHUSTER. Mr. Speaker, I offer a Rican to be elected to public office in In 1937, he made history by becoming the motion. the continental United States. Oscar first Puerto Rican elected to public office in the The Clerk read as follows: Garcia Rivera was born in Mayaguez, continental United States. His election to rep- Puerto Rico on November 6, 1900. He Mr. SHUSTER moves to strike out all after resent what was then the 14th State assembly came to the mainland after graduating the enacting clause of S. 640 and insert the district was unprecedented. His decision to run from high school and worked part time text of H.R. 3592, as passed the House. was courageous as well in a city in which, in in a Brooklyn factory. He pursued his The motion was agreed to. those days, Puerto Ricans were a distinct mi- studies while working and was assigned The Senate bill was ordered to be nority and a Puerto Rican official of any kind to the post office in City Hall. He was read a third time, was read the third was unheard of. instrumental in organizing and estab- time, and passed, and a motion to re- lishing the Association of Puerto Rican Though he served only until 1940, Mr. Ri- consider was laid on the table. and Hispanic Employees within the vera was a trailblazer for the more than 400 A similar House bill (H.R. 3592) was post office department. Mr. Garcia Ri- Hispanic Members of Congress, State Rep- laid on the table. vera received his law degree from St. resentatives, and judges who serve today f John’s University, New York in 1930 throughout these United States. Today that representationÐlike that of African Ameri- GENERAL LEAVE and was elected assemblyman in the State of New York in March 1937 by the cansÐis under attack. But I am confident that Mr. SHUSTER. Mr. Speaker, I ask 14th District, which then included Har- the spirit of leaders such as Oscar Garcia Ri- unanimous consent that all Members lem. He was reelected the following vera will ultimately prevail. may have 5 legislative days within year and served until 1940. Soon there- During his short time of service in the New which to revise and extend their re- after, Mr. Garcia Rivera returned to York State Assembly, Rivera made lasting marks and include extraneous material Mayaguez where he continued to be contributions, not only to the Puerto Rican on H.R. 3592 and S. 640, the bills just known for his commitment to protect- community but the labor movement. He de- passed. ing the rights of manual laborers and fended minimum wage laws, fought for regu- The SPEAKER pro tempore. Is there remained a role model and a commu- lated work hours, was a dedicated champion objection to the request of the gen- nity leader. He dies in his hometown in of manual laborers. On the national levelÐhe tleman from Pennsylvania? 1969. joined with fellow fighters against Jim Crow There was no objection. Mr. Speaker, I support the passage of and racism by supporting a successful cam- f H.R. 885 and urge our colleagues to do paign for legislation to outlaw lynching. the same. Oscar Garcia Rivera holds a special place OSCAR GARCIA RIVERA POST Mr. Speaker, I reserve the balance of in the hearts of many of my older constituents OFFICE BUILDING my time. in East Harlem. While I doubt that many of our Mr. MCHUGH. Mr. Speaker, I move to Mr. MORAN. Mr. Speaker, I yield younger contemporaries would recognize his suspend the rules and pass the bill myself such time as I may consume. name, this simple monumentÐa post office on (H.R. 885) to designate the U.S. Post Mr. Speaker, rather than reiterate east 110th StreetÐwill give him a permanent Office building located at 153 East 110th the points that my colleague from New place in the history of New York. Street, New York, NY, as the ‘‘Oscar York has already made, let me just say Oscar Garcia Rivera was a source of pride Garcia Rivera Post Office Building’’. that I rise in support of H.R. 885, which for his people back in the 1930's and `40's. The Clerk read as follows: designates the U.S. post office in New The recognition that we offer today is well de- York City as the Oscar Garcia Rivera H.R. 885 served not only by him but by all Puerto Post Office. Ricans. In wartime they have fought bravely, Be it enacted by the Senate and House of Rep- This measure was introduced, as the resentatives of the United States of America in and many have died to defend our country. gentleman from New York [Mr. Congress assembled, They have made contributions large and small MCHUGH] said, by the gentleman from SECTION 1. DESIGNATION. to American cultureÐin the arts, in music, in New York [Mr. SERRANO] and the gen- The United States Post Office building lo- politics, and in law. cated at 153 East 110th Street, New York, tleman from New York [Mr. RANGEL] and supported by the whole New York Oscar Garcia Rivera reminds us that like all New York, shall be known and designated as Americans, the people of Puerto Rico are not the ‘‘Oscar Garcia Rivera Post Office Build- congressional delegation pursuant to only entitled but have earned respect. Their ing’’. the committee rules. culture, their language, their communities, SEC. 2. REFERENCES. Mr. Speaker, I urge my colleagues to Any reference in a law, map, regulation, support this tribute to a pioneer whose their choices of political leadership should be document, paper, or other record of the Unit- work marked the beginning of Puerto embraced and never challenged. ed States to the United States Post Office Rican leadership in the United States. I wish to congratulate Jose Serrano, my building referred to in section 1 shall be Mr. Speaker, I have no further re- dear friend and colleague from New York who deemed to be a reference to the ‘‘Oscar Gar- quests for time, and I yield back the has provided the leadership that has made cia Rivera Post Office Building’’. balance of my time. passage of this bill possible. With his commit- The SPEAKER pro tempore. Pursu- Mr. RANGEL. Mr. Speaker, with passage of ment and determination, he clearly walks in ant to the rule, the gentleman from this bill, we not only pay tribute to a great the footsteps of Oscar Garcia Rivera. New York [Mr. MCHUGH] and the gen- American but we recognize in a small way the Mr. SERRANO. Mr. Speaker, I rise today to tleman from Virginia [Mr. MORAN] great culture and tradition of the Puerto Rican express my strong support for H.R. 885, a bill each will control 20 minutes. people. I introduced with Mr. RANGEL to designate the The Chair recognizes the gentleman This bill is the first step in the process of re- U.S. Post Office building located at 153 East from New York [Mr. MCHUGH]. naming the Hellgate Post Office in my con- 110th Street, New York, NY, as the ``Oscar Mr. MCHUGH. Mr. Speaker, I yield gressional district in East Harlem after Oscar Garcia Rivera Post Office Building'' and to cel- myself such time as I may consume. Garcia Rivera, the first Puerto Rican elected to ebrate the 59th anniversary of the first Puerto Mr. Speaker, I am pleased to report public office on the mainland of the United Rican elected to public office in the continental that the legislation before us, H.R. 885, States. United States.