Water Resources Development Act of 1996 (Pub L 104-303)

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PUBLIC LAW 104–303—OCT. 12, 1996

WATER RESOURCES DEVELOPMENT ACT OF
1996

110 STAT. 3658

PUBLIC LAW 104–303—OCT. 12, 1996

Public Law 104–303
104th Congress
An Act
Oct. 12, 1996
[S. 640]

Water Resources
Development Act
of 1996.
33 USC 2201
note.

To provide for the conservation and development of water and related resources,
to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Water
Resources Development Act of 1996’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
TITLE I—WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. Small flood control projects.
Sec. 103. Small bank stabilization projects.
Sec. 104. Small navigation projects.
Sec. 105. Small shoreline protection projects.
Sec. 106. Small snagging and sediment removal project, Mississippi River, Little
Falls, Minnesota.
Sec. 107. Small projects for improvement of the environment.
TITLE II—GENERAL PROVISIONS
Sec. 201. Cost sharing for dredged material disposal areas.
Sec. 202. Flood control policy.
Sec. 203. Cost sharing for feasibility studies.
Sec. 204. Restoration of environmental quality.
Sec. 205. Environmental dredging.
Sec. 206. Aquatic ecosystem restoration.
Sec. 207. Beneficial uses of dredged material.
Sec. 208. Recreation policy and user fees.
Sec. 209. Recovery of costs.
Sec. 210. Cost sharing for environmental projects.
Sec. 211. Construction of flood control projects by non-Federal interests.
Sec. 212. Engineering and environmental innovations of national significance.
Sec. 213. Lease authority.
Sec. 214. Collaborative research and development.
Sec. 215. National dam safety program.
Sec. 216. Hydroelectric power project uprating.
Sec. 217. Dredged material disposal facility partnerships.
Sec. 218. Obstruction removal requirement.
Sec. 219. Small project authorizations.
Sec. 220. Uneconomical cost-sharing requirements.
Sec. 221. Planning assistance to States.
Sec. 222. Corps of Engineers expenses.
Sec. 223. State and Federal agency review period.
Sec. 224. Section 215 reimbursement limitation per project.
Sec. 225. Melaleuca.
Sec. 226. Sediments decontamination technology.
Sec. 227. Shore protection.
Sec. 228. Conditions for project deauthorizations.

PUBLIC LAW 104–303—OCT. 12, 1996
Sec. 229. Support of Army civil works program.
Sec. 230. Benefits to navigation.
Sec. 231. Loss of life prevention.
Sec. 232. Scenic and aesthetic considerations.
Sec. 233. Termination of technical advisory committee.
Sec. 234. Interagency and international support authority.
Sec. 235. Sense of Congress; requirement regarding notice.
Sec. 236. Technical corrections.
Sec. 237. Hopper dredges.
TITLE III—PROJECT-RELATED PROVISIONS
Sec. 301. Project modifications.
Sec. 302. Mobile Harbor, Alabama.
Sec. 303. Nogales Wash and Tributaries, Arizona.
Sec. 304. White River Basin, Arkansas and Missouri.
Sec. 305. Channel Islands Harbor, California.
Sec. 306. Lake Elsinore, California.
Sec. 307. Los Angeles and Long Beach Harbors, San Pedro Bay, California.
Sec. 308. Los Angeles County drainage area, California.
Sec. 309. Prado Dam, California.
Sec. 310. Queensway Bay, California.
Sec. 311. Seven Oaks Dam, California.
Sec. 312. Thames River, Connecticut.
Sec. 313. Canaveral Harbor, Florida.
Sec. 314. Captiva Island, Florida.
Sec. 315. Central and Southern Florida, Canal 51.
Sec. 316. Central and Southern Florida, Canal 111.
Sec. 317. Jacksonville Harbor (Mill Cove), Florida.
Sec. 318. Panama City Beaches, Florida.
Sec. 319. Chicago, Illinois.
Sec. 320. Chicago Lock and Thomas J. O’Brien Lock, Illinois.
Sec. 321. Kaskaskia River, Illinois.
Sec. 322. Locks and Dam 26, Alton, Illinois and Missouri.
Sec. 323. White River, Indiana.
Sec. 324. Baptiste Collette Bayou, Louisiana.
Sec. 325. Lake Pontchartrain, Louisiana.
Sec. 326. Mississippi River-Gulf Outlet, Louisiana.
Sec. 327. Tolchester Channel, Maryland.
Sec. 328. Cross Village Harbor, Michigan.
Sec. 329. Saginaw River, Michigan.
Sec. 330. Sault Sainte Marie, Chippewa County, Michigan.
Sec. 331. St. Johns Bayou and New Madrid Floodway, Missouri.
Sec. 332. Lost Creek, Columbus, Nebraska.
Sec. 333. Passaic River, New Jersey.
Sec. 334. Acequias irrigation system, New Mexico.
Sec. 335. Jones Inlet, New York.
Sec. 336. Buford Trenton Irrigation District, North Dakota.
Sec. 337. Reno Beach-Howards Farm, Ohio.
Sec. 338. Broken Bow Lake, Red River Basin, Oklahoma.
Sec. 339. Wister Lake project, Leflore County, Oklahoma.
Sec. 340. Bonneville Lock and Dam, Columbia River, Oregon and Washington.
Sec. 341. Columbia River dredging, Oregon and Washington.
Sec. 342. Lackawanna River at Scranton, Pennsylvania.
Sec. 343. Mussers Dam, Middle Creek, Snyder County, Pennsylvania.
Sec. 344. Schuylkill River, Pennsylvania.
Sec. 345. South Central Pennsylvania.
Sec. 346. Wyoming Valley, Pennsylvania.
Sec. 347. Allendale Dam, North Providence, Rhode Island.
Sec. 348. Narragansett, Rhode Island.
Sec. 349. Clouter Creek disposal area, Charleston, South Carolina.
Sec. 350. Buffalo Bayou, Texas.
Sec. 351. Dallas floodway extension, Dallas, Texas.
Sec. 352. Grundy, Virginia.
Sec. 353. Haysi Lake, Virginia.
Sec. 354. Rudee Inlet, Virginia Beach, Virginia.
Sec. 355. Virginia Beach, Virginia.
Sec. 356. East Waterway, Washington.
Sec. 357. Bluestone Lake, West Virginia.
Sec. 358. Moorefield, West Virginia.
Sec. 359. Southern West Virginia.
Sec. 360. West Virginia trailhead facilities.

110 STAT. 3659

110 STAT. 3660

PUBLIC LAW 104–303—OCT. 12, 1996

Sec. 361. Kickapoo River, Wisconsin.
Sec. 362. Teton County, Wyoming.
Sec. 363. Project reauthorizations.
Sec. 364. Project deauthorizations.
Sec. 365. Mississippi Delta Region, Louisiana.
Sec. 366. Monongahela River, Pennsylvania.
TITLE IV—STUDIES
Sec. 401. Corps capability study, Alaska.
Sec. 402. Red River, Arkansas.
Sec. 403. McDowell Mountain, Arizona.
Sec. 404. Nogales Wash and tributaries, Arizona.
Sec. 405. Garden Grove, California.
Sec. 406. Mugu Lagoon, California.
Sec. 407. Murrieta Creek, Riverside County, California.
Sec. 408. Pine Flat Dam fish and wildlife habitat restoration, California.
Sec. 409. Santa Ynez, California.
Sec. 410. Southern California infrastructure.
Sec. 411. Stockton, California.
Sec. 412. Yolo Bypass, Sacramento-San Joaquin Delta, California.
Sec. 413. West Dade, Florida.
Sec. 414. Savannah River Basin comprehensive water resources study.
Sec. 415. Chain of Rocks Canal, Illinois.
Sec. 416. Quincy, Illinois.
Sec. 417. Springfield, Illinois.
Sec. 418. Beauty Creek watershed, Valparaiso City, Porter County, Indiana.
Sec. 419. Grand Calumet River, Hammond, Indiana.
Sec. 420. Indiana Harbor Canal, East Chicago, Lake County, Indiana.
Sec. 421. Koontz Lake, Indiana.
Sec. 422. Little Calumet River, Indiana.
Sec. 423. Tippecanoe River watershed, Indiana.
Sec. 424. Calcasieu River, Hackberry, Louisiana.
Sec. 425. Morganza, Louisiana, to Gulf of Mexico.
Sec. 426. Huron River, Michigan.
Sec. 427. City of North Las Vegas, Clark County, Nevada.
Sec. 428. Lower Las Vegas Wash wetlands, Clark County, Nevada.
Sec. 429. Northern Nevada.
Sec. 430. Saco River, New Hampshire.
Sec. 431. Buffalo River greenway, New York.
Sec. 432. Coeymans, New York.
Sec. 433. New York Bight and Harbor study.
Sec. 434. Port of Newburgh, New York.
Sec. 435. Port of New York-New Jersey navigation study.
Sec. 436. Shinnecock Inlet, New York.
Sec. 437. Chagrin River, Ohio.
Sec. 438. Cuyahoga River, Ohio.
Sec. 439. Columbia Slough, Oregon.
Sec. 440. Charleston, South Carolina.
Sec. 441. Oahe Dam to Lake Sharpe, South Dakota.
Sec. 442. Mustang Island, Corpus Christi, Texas.
Sec. 443. Prince William County, Virginia.
Sec. 444. Pacific Region.
Sec. 445. Financing of infrastructure needs of small and medium ports.
Sec. 446. Evaluation of beach material.
TITLE V—MISCELLANEOUS PROVISIONS
Sec. 501. Land conveyances.
Sec. 502. Namings.
Sec. 503. Watershed management, restoration, and development.
Sec. 504. Environmental infrastructure.
Sec. 505. Corps capability to conserve fish and wildlife.
Sec. 506. Periodic beach nourishment.
Sec. 507. Design and construction assistance.
Sec. 508. Lakes program.
Sec. 509. Maintenance of navigation channels.
Sec. 510. Chesapeake Bay environmental restoration and protection program.
Sec. 511. Research and development program to improve salmon survival.
Sec. 512. Columbia River Treaty fishing access.
Sec. 513. Great Lakes confined disposal facilities.
Sec. 514. Great Lakes dredged material testing and evaluation manual.
Sec. 515. Great Lakes remedial action plans and sediment remediation.

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110 STAT. 3661

Sec. 516. Sediment management.
Sec. 517. Extension of jurisdiction of Mississippi River Commission.
Sec. 518. Sense of Congress regarding St. Lawrence Seaway tolls.
Sec. 519. Recreation partnership initiative.
Sec. 520. Field office headquarters facilities.
Sec. 521. Earthquake Preparedness Center of Expertise expansion.
Sec. 522. Jackson County, Alabama.
Sec. 523. Benton and Washington Counties, Arkansas.
Sec. 524. Heber Springs, Arkansas.
Sec. 525. Morgan Point, Arkansas.
Sec. 526. Calaveras County, California.
Sec. 527. Faulkner Island, Connecticut.
Sec. 528. Everglades and South Florida ecosystem restoration.
Sec. 529. Tampa, Florida.
Sec. 530. Watershed management plan for Deep River Basin, Indiana.
Sec. 531. Southern and Eastern Kentucky.
Sec. 532. Coastal wetlands restoration projects, Louisiana.
Sec. 533. Southeast Louisiana.
Sec. 534. Assateague Island, Maryland and Virginia.
Sec. 535. Cumberland, Maryland.
Sec. 536. William Jennings Randolph Access Road, Garrett County, Maryland.
Sec. 537. Poplar Island, Maryland.
Sec. 538. Erosion control measures, Smith Island, Maryland.
Sec. 539. Restoration projects for Maryland, Pennsylvania, and West Virginia.
Sec. 540. Control of aquatic plants, Michigan, Pennsylvania, and Virginia and
North Carolina.
Sec. 541. Duluth, Minnesota, alternative technology project.
Sec. 542. Lake Superior Center, Minnesota.
Sec. 543. Redwood River basin, Minnesota.
Sec. 544. Coldwater River Watershed, Mississippi.
Sec. 545. Natchez Bluffs, Mississippi.
Sec. 546. Sardis Lake, Mississippi.
Sec. 547. St. Charles County, Missouri, flood protection.
Sec. 548. St. Louis, Missouri.
Sec. 549. Libby Dam, Montana.
Sec. 550. Hackensack Meadowlands area, New Jersey.
Sec. 551. Hudson River habitat restoration, New York.
Sec. 552. New York City Watershed.
Sec. 553. New York State Canal System.
Sec. 554. Orchard Beach, Bronx, New York.
Sec. 555. Dredged material containment facility for Port of New York-New Jersey.
Sec. 556. Queens County, New York.
Sec. 557. Jamestown Dam and Pipestem Dam, North Dakota.
Sec. 558. Northeastern Ohio.
Sec. 559. Ohio River Greenway.
Sec. 560. Grand Lake, Oklahoma.
Sec. 561. Broad Top region of Pennsylvania.
Sec. 562. Curwensville Lake, Pennsylvania.
Sec. 563. Hopper dredge McFarland.
Sec. 564. Philadelphia, Pennsylvania.
Sec. 565. Seven Points Visitors Center, Raystown Lake, Pennsylvania.
Sec. 566. Southeastern Pennsylvania.
Sec. 567. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 568. Wills Creek, Hyndman, Pennsylvania.
Sec. 569. Blackstone River Valley, Rhode Island and Massachusetts.
Sec. 570. Dredged material containment facility for Port of Providence, Rhode Island.
Sec. 571. Quonset Point-Davisville, Rhode Island.
Sec. 572. East Ridge, Tennessee.
Sec. 573. Murfreesboro, Tennessee.
Sec. 574. Tennessee River, Hamilton County, Tennessee.
Sec. 575. Harris County, Texas.
Sec. 576. Neabsco Creek, Virginia.
Sec. 577. Tangier Island, Virginia.
Sec. 578. Pierce County, Washington.
Sec. 579. Greenbrier River Basin, West Virginia, flood protection.
Sec. 580. Lower Mud River, Milton, West Virginia.
Sec. 581. West Virginia and Pennsylvania flood control.
Sec. 582. Site designation.
Sec. 583. Long Island Sound.
Sec. 584. Water monitoring station.
Sec. 585. Overflow management facility.

110 STAT. 3662

PUBLIC LAW 104–303—OCT. 12, 1996

Sec. 586. Privatization of infrastructure assets.
TITLE VI—EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR
MAINTENANCE TRUST FUND
Sec. 601. Extension of expenditure authority under Harbor Maintenance Trust
Fund.
33 USC 2201
note.

SEC. 2. DEFINITION.

In this Act, the term ‘‘Secretary’’ means the Secretary of the
Army.

TITLE I—WATER RESOURCES
PROJECTS
SEC. 101. PROJECT AUTHORIZATIONS.

(a) PROJECTS WITH CHIEF’S REPORTS.—Except as provided in
this subsection, the following projects for water resources development and conservation and other purposes are authorized to be
carried out by the Secretary substantially in accordance with the
plans, and subject to the conditions, described in the respective
reports designated in this subsection:
(1) AMERICAN RIVER WATERSHED, CALIFORNIA.—
(A) IN GENERAL.—The project for flood damage reduction, American and Sacramento Rivers, California: Report
of the Chief of Engineers, dated June 27, 1996, at a total
cost of $56,900,000, with an estimated Federal cost of
$42,675,000 and an estimated non-Federal cost of
$14,225,000, consisting of—
(i) approximately 24 miles of slurry wall in the
levees along the lower American River;
(ii) approximately 12 miles of levee modifications
along the east bank of the Sacramento River downstream from the Natomas Cross Canal;
(iii) 3 telemeter streamflow gauges upstream from
the Folsom Reservoir; and
(iv) modifications to the flood warning system
along the lower American River.
(B) CREDIT TOWARD NON-FEDERAL SHARE.—The nonFederal interest shall receive credit toward the non-Federal
share of project costs for expenses that the non-Federal
interest incurs for design or construction of any of the
features authorized under this paragraph before the date
on which Federal funds are made available for construction
of the project. The amount of the credit shall be determined
by the Secretary.
(C) INTERIM OPERATION.—Until such time as a comprehensive flood damage reduction plan for the American
River watershed has been implemented, the Secretary of
the Interior shall continue to operate the Folsom Dam
and Reservoir to the variable 400,000/670,000 acre-feet of
flood control storage capacity and shall extend the agreement between the Bureau of Reclamation and the Sacramento Area Flood Control Agency with respect to the
watershed.
(D) OTHER COSTS.—The non-Federal interest shall be
responsible for—

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110 STAT. 3663

(i) all operation, maintenance, repair, replacement,
and rehabilitation costs associated with the improvements carried out under this paragraph; and
(ii) 25 percent of the costs incurred for the variable
flood control operation of the Folsom Dam and Reservoir during the 4-year period beginning on the date
of the enactment of this Act and 100 percent of such
costs thereafter.
(2) HUMBOLDT HARBOR AND BAY, CALIFORNIA.—The project
for navigation, Humboldt Harbor and Bay, California: Report
of the Chief of Engineers, dated October 30, 1995, at a total
cost of $15,180,000, with an estimated Federal cost of
$10,000,000 and an estimated non-Federal cost of $5,180,000.
(3) MARIN COUNTY SHORELINE, SAN RAFAEL, CALIFORNIA.—
The project for hurricane and storm damage reduction, Marin
County shoreline, San Rafael, California: Report of the Chief
of Engineers, dated January 28, 1994, at a total cost of
$28,300,000, with an estimated Federal cost of $18,400,000
and an estimated non-Federal cost of $9,900,000.
(4) PORT OF LONG BEACH (DEEPENING), CALIFORNIA.—The
project for navigation, Port of Long Beach (Deepening), California: Report of the Chief of Engineers, dated July 26, 1996,
at a total cost of $37,288,000, with an estimated Federal cost
of $14,318,000 and an estimated non-Federal cost of
$22,970,000.
(5) SAN LORENZO RIVER, CALIFORNIA.—The project for flood
control, San Lorenzo River, California: Report of the Chief
of Engineers, dated June 30, 1994, at a total cost of $21,800,000,
with an estimated Federal cost of $10,900,000 and an estimated
non-Federal cost of $10,900,000 and habitat restoration, at
a total cost of $4,050,000, with an estimated Federal cost of
$3,040,000 and an estimated non-Federal cost of $1,010,000.
(6) SANTA BARBARA HARBOR, CALIFORNIA.—The project for
navigation, Santa Barbara Harbor, California: Report of the
Chief of Engineers, dated April 26, 1994, at a total cost of
$5,840,000, with an estimated Federal cost of $4,670,000 and
an estimated non-Federal cost of $1,170,000.
(7) SANTA MONICA BREAKWATER, CALIFORNIA.—The project
for hurricane and storm damage reduction, Santa Monica
Breakwater, Santa Monica, California: Report of the Chief of
Engineers, dated June 7, 1996, at a total cost of $6,440,000,
with an estimated Federal cost of $4,220,000 and an estimated
non-Federal cost of $2,220,000.
(8) ANACOSTIA RIVER AND TRIBUTARIES, DISTRICT OF COLUMBIA AND MARYLAND.—The project for environmental restoration,
Anacostia River and Tributaries, District of Columbia and
Maryland: Report of the Chief of Engineers, dated November
15, 1994, at a total cost of $17,144,000, with an estimated
Federal cost of $12,858,000 and an estimated non-Federal cost
of $4,286,000.
(9) ATLANTIC INTRACOASTAL WATERWAY, ST. JOHNS COUNTY,
FLORIDA.—The project for navigation, Atlantic Intracoastal
Waterway, St. Johns County, Florida: Report of the Chief of
Engineers, dated June 24, 1994, at a total Federal cost of
$15,881,000. Operation, maintenance, repair, replacement, and
rehabilitation shall be a non-Federal responsibility, and the
non-Federal interest shall assume ownership of the bridge.

110 STAT. 3664

PUBLIC LAW 104–303—OCT. 12, 1996
(10) CEDAR HAMMOCK (WARES CREEK), FLORIDA.—The
project for flood control, Cedar Hammock (Wares Creek), Manatee County, Florida: Report of the Chief of Engineers, dated
August 23, 1996, at a total cost of $13,846,000, with an estimated Federal cost of $10,385,000 and an estimated non-Federal cost of $3,461,000.
(11) LOWER SAVANNAH RIVER BASIN, GEORGIA AND SOUTH
CAROLINA.—The project for environmental restoration, Lower
Savannah River Basin, Georgia and South Carolina: Report
of the Chief of Engineers, dated July 30, 1996, at a total
cost of $3,431,000, with an estimated Federal cost of $2,573,000
and an estimated non-Federal cost of $858,000.
(12) LAKE MICHIGAN, ILLINOIS.—The project for storm damage reduction and shoreline erosion protection, Lake Michigan,
Illinois, from Wilmette, Illinois, to the Illinois-Indiana State
line: Report of the Chief of Engineers, dated April 14, 1994,
at a total cost of $204,000,000, with an estimated Federal
cost of $110,000,000 and an estimated non-Federal cost of
$94,000,000. The project shall include the breakwater near
the South Water Filtration Plant described in the report as
a separate element of the project, at a total cost of $11,470,000,
with an estimated Federal cost of $7,460,000 and an estimated
non-Federal cost of $4,010,000. The Secretary shall reimburse
the non-Federal interest for the Federal share of any costs
incurred by the non-Federal interest—
(A) in reconstructing the revetment structures protecting Solidarity Drive in Chicago, Illinois, if such work is
determined by the Secretary to be a component of the
project; and
(B) in constructing the breakwater near the South
Water Filtration Plant in Chicago, Illinois.
(13) KENTUCKY LOCK AND DAM, TENNESSEE RIVER, KENTUCKY.—The project for navigation, Kentucky Lock and Dam,
Tennessee River, Kentucky: Report of the Chief of Engineers,
dated June 1, 1992, at a total cost of $393,200,000. The costs
of construction of the project are to be paid 1⁄2 from amounts
appropriated from the general fund of the Treasury and 1⁄2
from amounts appropriated from the Inland Waterways Trust
Fund.
(14) POND CREEK, JEFFERSON COUNTY, KENTUCKY.—The
project for flood control, Pond Creek, Jefferson County, Kentucky: Report of the Chief of Engineers, dated June 28, 1994,
at a total cost of $16,080,000, with an estimated Federal cost
of $10,993,000 and an estimated non-Federal cost of $5,087,000.
(15) WOLF CREEK DAM AND LAKE CUMBERLAND, KENTUCKY.—The project for hydropower, Wolf Creek Dam and Lake
Cumberland, Kentucky: Report of the Chief of Engineers, dated
June 28, 1994, at a total cost of $53,763,000, with an estimated
non-Federal cost of $53,763,000. Funds derived by the Tennessee Valley Authority from its power program and funds
derived from any private or public entity designated by the
Southeastern Power Administration may be used to pay all
or part of the costs of the project.
(16) PORT FOURCHON, LAFOURCHE PARISH, LOUISIANA.—The
project for navigation, Belle Pass and Bayou Lafourche, Louisiana: Report of the Chief of Engineers, dated April 7, 1995,

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3665

at a total cost of $4,440,000, with an estimated Federal cost
of $2,300,000 and an estimated non-Federal cost of $2,140,000.
(17) WEST BANK OF THE MISSISSIPPI RIVER, NEW ORLEANS
(EAST OF HARVEY CANAL), LOUISIANA.—The project for hurricane
damage reduction, West Bank of the Mississippi River in the
vicinity of New Orleans (East of Harvey Canal), Louisiana:
Report of the Chief of Engineers, dated May 1, 1995, at a
total cost of $126,000,000, with an estimated Federal cost of
$82,200,000 and an estimated non-Federal cost of $43,800,000.
(18) BLUE RIVER BASIN, KANSAS CITY, MISSOURI.—The
project for flood control, Blue River Basin, Kansas City, Missouri: Report of the Chief of Engineers, dated September 5,
1996, at a total cost of $17,082,000, with an estimated Federal
cost of $12,043,000 and an estimated non-Federal cost of
$5,039,000.
(19) WOOD RIVER, GRAND ISLAND, NEBRASKA.—The project
for flood control, Wood River, Grand Island, Nebraska: Report
of the Chief of Engineers, dated May 3, 1994, at a total cost
of $11,800,000, with an estimated Federal cost of $6,040,000
and an estimated non-Federal cost of $5,760,000.
(20) LAS CRUCES, NEW MEXICO.—The project for flood control, Las Cruces, New Mexico: Report of the Chief of Engineers,
dated June 24, 1996, at a total cost of $8,278,000, with an
estimated Federal cost of $5,494,000 and an estimated nonFederal cost of $2,784,000.
(21) ATLANTIC COAST OF LONG ISLAND, NEW YORK.—The
project for storm damage reduction, Atlantic Coast of Long
Island from Jones Inlet to East Rockaway Inlet, Long Beach
Island, New York: Report of the Chief of Engineers, dated
April 5, 1996, at a total cost of $72,091,000, with an estimated
Federal cost of $46,859,000 and an estimated non-Federal cost
of $25,232,000.
(22) CAPE FEAR—NORTHEAST (CAPE FEAR) RIVERS, NORTH
CAROLINA.—The project for navigation, Cape Fear—Northeast
(Cape Fear) Rivers, North Carolina: Report of the Chief of
Engineers, dated September 9, 1996, at a total cost of
$221,735,000, with an estimated Federal cost of $132,936,000
and an estimated non-Federal cost of $88,799,000.
(23) WILMINGTON HARBOR, CAPE FEAR RIVER, NORTH CAROLINA.—The project for navigation, Wilmington Harbor, Cape
Fear and Northeast Cape Fear Rivers, North Carolina: Report
of the Chief of Engineers, dated June 24, 1994, at a total
cost of $23,953,000, with an estimated Federal cost of
$15,572,000 and an estimated non-Federal cost of $8,381,000.
(24) DUCK CREEK, CINCINNATI, OHIO.—The project for flood
control, Duck Creek, Cincinnati, Ohio: Report of the Chief
of Engineers, dated June 28, 1994, at a total cost of $15,947,000,
with an estimated Federal cost of $11,960,000 and an estimated
non-Federal cost of $3,987,000.
(25) WILLAMETTE RIVER TEMPERATURE CONTROL, MCKENZIE
SUBBASIN, OREGON.—The project for environmental restoration,
Willamette River Temperature Control, McKenzie Subbasin,
Oregon: Report of the Chief of Engineers, dated February 1,
1996, at a total Federal cost of $38,000,000.
(26) RIO GRANDE DE ARECIBO, PUERTO RICO.—The project
for flood control, Rio Grande de Arecibo, Puerto Rico: Report
of the Chief of Engineers, dated April 5, 1994, at a total

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PUBLIC LAW 104–303—OCT. 12, 1996

cost of $19,951,000, with an estimated Federal cost of
$10,557,000 and an estimated non-Federal cost of $9,394,000.
(27) CHARLESTON HARBOR, SOUTH CAROLINA.—The project
for navigation, Charleston Harbor Deepening and Widening,
South Carolina: Report of the Chief of Engineers, dated July
18, 1996, at a total cost of $116,639,000, with an estimated
Federal cost of $71,940,000 and an estimated non-Federal cost
of $44,699,000.
(28) BIG SIOUX RIVER AND SKUNK CREEK, SIOUX FALLS,
SOUTH DAKOTA.—The project for flood control, Big Sioux River
and Skunk Creek, Sioux Falls, South Dakota: Report of the
Chief of Engineers, dated June 30, 1994, at a total cost of
$34,600,000, with an estimated Federal cost of $25,900,000
and an estimated non-Federal cost of $8,700,000.
(29) GULF INTRACOASTAL WATERWAY, ARANSAS NATIONAL
WILDLIFE REFUGE, TEXAS.—The project for navigation and
environmental preservation, Gulf Intracoastal Waterway, Aransas National Wildlife Refuge, Texas: Report of the Chief of
Engineers, dated May 28, 1996, at a total cost of $18,283,000,
with an estimated Federal cost of $18,283,000.
(30) HOUSTON-GALVESTON NAVIGATION CHANNELS, TEXAS.—
The project for navigation and environmental restoration, Houston-Galveston Navigation Channels, Texas: Report of the Chief
of Engineers, dated May 9, 1996, at a total cost of $298,334,000,
with an estimated Federal cost of $197,237,000 and an estimated non-Federal cost of $101,097,000, and an average annual
cost of $786,000 for future environmental restoration over the
50-year life of the project, with an estimated annual Federal
cost of $590,000 and an estimated annual non-Federal cost
of $196,000. The removal of pipelines and other obstructions
that are necessary for the project shall be accomplished at
non-Federal expense. Non-Federal interests shall receive credit
toward cash contributions required during construction and
subsequent to construction for design and construction management work that is performed by non-Federal interests and
that the Secretary determines is necessary to implement the
project.
(31) MARMET LOCK, KANAWHA RIVER, WEST VIRGINIA.—The
project for navigation, Marmet Lock, Kanawha River, West
Virginia: Report of the Chief of Engineers, dated June 24,
1994, at a total cost of $229,581,000. The costs of construction
of the project are to be paid 1⁄2 from amounts appropriated
from the general fund of the Treasury and 1⁄2 from amounts
appropriated from the Inland Waterways Trust Fund.
(b) PROJECTS SUBJECT TO REPORT.—The following projects for
water resources development and conservation and other purposes
are authorized to be carried out by the Secretary substantially
in accordance with the plans, and subject to the conditions, recommended in a final report (or in the case of the project described
in paragraph (10), a Detailed Project Report) of the Corps of Engineers, if the report is completed not later than December 31, 1996:
(1) CHIGNIK, ALASKA.—The project for navigation, Chignik,
Alaska, at a total cost of $10,365,000, with an estimated Federal
cost of $4,282,000 and an estimated non-Federal cost of
$6,083,000.
(2) COOK INLET, ALASKA.—The project for navigation, Cook
Inlet, Alaska, at a total cost of $5,700,000, with an estimated

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3667

Federal cost of $3,700,000 and an estimated non-Federal cost
of $2,000,000.
(3) ST. PAUL ISLAND HARBOR, ST. PAUL, ALASKA.—The project
for navigation, St. Paul Harbor, St. Paul, Alaska, at a total
cost of $18,981,000, with an estimated Federal cost of
$12,239,000 and an estimated non-Federal cost of $6,742,000.
(4) NORCO BLUFFS, RIVERSIDE COUNTY, CALIFORNIA.—The
project for bluff stabilization, Norco Bluffs, Riverside County,
California, at a total cost of $8,600,000, with an estimated
Federal cost of $6,450,000 and an estimated non-Federal cost
of $2,150,000.
(5) TERMINUS DAM, KAWEAH RIVER, CALIFORNIA.—The
project for flood control and water supply, Terminus Dam,
Kaweah River, California, at a total cost of $34,500,000, with
an estimated Federal cost of $20,200,000 and an estimated
non-Federal cost of $14,300,000.
(6) REHOBOTH BEACH AND DEWEY BEACH, DELAWARE.—The
project for storm damage reduction and shoreline protection,
Rehoboth Beach and Dewey Beach, Delaware, at a total cost
of $9,423,000, with an estimated Federal cost of $6,125,000
and an estimated non-Federal cost of $3,298,000, and an estimated average annual cost of $282,000 for periodic nourishment
over the 50-year life of the project, with an estimated annual
Federal cost of $183,000 and an estimated annual non-Federal
cost of $99,000.
(7) BREVARD COUNTY, FLORIDA.—The project for shoreline
protection, Brevard County, Florida, at a total cost of
$76,620,000, with an estimated Federal cost of $36,006,000
and an estimated non-Federal cost of $40,614,000, and an estimated average annual cost of $2,341,000 for periodic nourishment over the 50-year life of the project, with an estimated
annual Federal cost of $1,109,000 and an estimated annual
non-Federal cost of $1,232,000.
(8) LAKE WORTH INLET, FLORIDA.—The project for navigation and shoreline protection, Lake Worth Inlet, Palm Beach
Harbor, Florida, at a total cost of $3,915,000.
(9) MIAMI HARBOR CHANNEL, FLORIDA.—The project for
navigation, Miami Harbor Channel, Miami, Florida, at a total
cost of $3,221,000, with an estimated Federal cost of $1,800,000
and an estimated non-Federal cost of $1,421,000.
(10) NEW HARMONY, INDIANA.—The project for streambank
erosion protection, Wabash River at New Harmony, Indiana,
at a total cost of $2,800,000, with an estimated Federal cost
of $2,100,000 and an estimated non-Federal cost of $700,000.
(11) WESTWEGO TO HARVEY CANAL, LOUISIANA.—The project
for hurricane damage prevention and flood control, West Bank
Hurricane Protection (Lake Cataouatche Area), Jefferson Parish, Louisiana, at a total cost of $14,375,000, with an estimated
Federal cost of $9,344,000 and an estimated non-Federal cost
of $5,031,000.
(12) CHESAPEAKE AND DELAWARE CANAL, MARYLAND AND
DELAWARE.—The project for navigation and safety improvements, Chesapeake and Delaware Canal, Baltimore Harbor
Connecting Channels, Delaware and Maryland, at a total cost
of $82,800,000, with an estimated Federal cost of $53,852,000
and an estimated non-Federal cost of $28,948,000.

110 STAT. 3668

PUBLIC LAW 104–303—OCT. 12, 1996
(13) ABSECON ISLAND, NEW JERSEY.—The project for storm
damage reduction and shoreline protection, Brigantine Inlet
to Great Egg Harbor Inlet, Absecon Island, New Jersey, at
a total cost of $52,000,000, with an estimated Federal cost
of $34,000,000 and an estimated non-Federal cost of
$18,000,000.

SEC. 102. SMALL FLOOD CONTROL PROJECTS.

The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is feasible,
may carry out the project under section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s):
(1) SOUTH UPLAND, SAN BERNADINO COUNTY, CALIFORNIA.—
Project for flood control, South Upland, San Bernadino County,
California.
(2) BIRDS, LAWRENCE COUNTY, ILLINOIS.—Project for flood
control, Birds, Lawrence County, Illinois.
(3) BRIDGEPORT, LAWRENCE COUNTY, ILLINOIS.—Project for
flood control, Bridgeport, Lawrence County, Illinois.
(4) EMBARRAS RIVER, VILLA GROVE, ILLINOIS.—Project for
flood control, Embarras River, Villa Grove, Illinois.
(5) FRANKFORT, WILL COUNTY, ILLINOIS.—Project for flood
control, Frankfort, Will County, Illinois.
(6) SUMNER, LAWRENCE COUNTY, ILLINOIS.—Project for flood
control, Sumner, Lawrence County, Illinois.
(7) VERMILLION RIVER, DEMONADE PARK, LAFAYETTE, LOUISIANA.—Project for nonstructural flood control, Vermillion River,
Demonade Park, Lafayette, Louisiana. In carrying out the study
and the project (if any) under this paragraph, the Secretary
shall use relevant information from the Lafayette Parish feasibility study and expedite completion of the study under this
paragraph.
(8) VERMILLION RIVER, QUAIL HOLLOW SUBDIVISION, LAFAYETTE, LOUISIANA.—Project for nonstructural flood control, Vermillion River, Quail Hollow Subdivision, Lafayette, Louisiana.
In carrying out the study and the project (if any) under this
paragraph, the Secretary shall use relevant information from
the Lafayette Parish feasibility study and expedite completion
of the study under this paragraph.
(9) KAWKAWLIN RIVER, BAY COUNTY, MICHIGAN.—Project for
flood control, Kawkawlin River, Bay County, Michigan.
(10) WHITNEY DRAIN, ARENAC COUNTY, MICHIGAN.—Project
for flood control, Whitney Drain, Arenac County, Michigan.
(11) FESTUS AND CRYSTAL CITY, MISSOURI.—Project for flood
control, Festus and Crystal City, Missouri. In carrying out
the study and the project (if any) under this paragraph, the
Secretary shall use relevant information from the existing
reconnaissance study and shall expedite completion of the study
under this paragraph.
(12) KIMMSWICK, MISSOURI.—Project for flood control,
Kimmswick, Missouri. In carrying out the study and the project
(if any) under this paragraph, the Secretary shall use relevant
information from the existing reconnaissance study and shall
expedite completion of the study under this paragraph.
(13) RIVER DES PERES, ST. LOUIS COUNTY, MISSOURI.—
Project for flood control, River Des Peres, St. Louis County,
Missouri. In carrying out the study and the project (if any),

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3669

the Secretary shall determine the feasibility of potential flood
control measures, consider potential storm water runoff and
related improvements, and cooperate with the Metropolitan
St. Louis Sewer District.
(14) MALTA, MONTANA.—Project for flood control, Malta,
Montana.
(15) BUFFALO CREEK, ERIE COUNTY, NEW YORK.—Project
for flood control, Buffalo Creek, Erie County, New York.
(16) CAZENOVIA CREEK, ERIE COUNTY, NEW YORK.—Project
for flood control, Cazenovia Creek, Erie County, New York.
(17) CHEEKTOWAGA, ERIE COUNTY, NEW YORK.—Project for
flood control, Cheektowaga, Erie County, New York.
(18) FULMER CREEK, VILLAGE OF MOHAWK, NEW YORK.—
Project for flood control, Fulmer Creek, village of Mohawk,
New York.
(19) MOYER CREEK, VILLAGE OF FRANKFORT, NEW YORK.—
Project for flood control, Moyer Creek, village of Frankfort,
New York.
(20) SAUQUOIT CREEK, WHITESBORO, NEW YORK.—Project
for flood control, Sauquoit Creek, Whitesboro, New York.
(21) STEELE CREEK, VILLAGE OF ILION, NEW YORK.—Project
for flood control, Steele Creek, village of Ilion, New York.
(22) WILLAMETTE RIVER, OREGON.—Project for nonstructural flood control, Willamette River, Oregon, including
floodplain and ecosystem restoration.
SEC. 103. SMALL BANK STABILIZATION PROJECTS.

The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is feasible,
may carry out the project under section 14 of the Flood Control
Act of 1946 (33 U.S.C. 701r):
(1) ST. JOSEPH RIVER, INDIANA.—Project for bank stabilization, St. Joseph River, South Bend, Indiana, including recreation and pedestrian access features.
(2) ALLEGHENY RIVER AT OIL CITY, PENNSYLVANIA.—Project
for bank stabilization to address erosion problems affecting
the pipeline crossing the Allegheny River at Oil City, Pennsylvania, including measures to address erosion affecting the
pipeline in the bed of the Allegheny River and its adjacent
banks.
(3) CUMBERLAND RIVER, NASHVILLE, TENNESSEE.—Project
for bank stabilization, Cumberland River, Nashville, Tennessee.
SEC. 104. SMALL NAVIGATION PROJECTS.

The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is feasible,
may carry out the project under section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577):
(1) AKUTAN, ALASKA.—Project for navigation, Akutan,
Alaska, consisting of a bulkhead and a wave barrier, including
application of innovative technology involving use of a permeable breakwater.
(2) ILLINOIS AND MICHIGAN CANAL, ILLINOIS.—Project for
navigation, Illinois and Michigan Canal, Illinois, including
marina development at Lock 14.
(3) GRAND MARAIS HARBOR BREAKWATER, MICHIGAN.—
Project for navigation, Grand Marais Harbor breakwater, Michigan.

110 STAT. 3670

PUBLIC LAW 104–303—OCT. 12, 1996
(4) DULUTH, MINNESOTA.—Project for navigation, Duluth,
Minnesota.
(5) TACONITE, MINNESOTA.—Project for navigation, Taconite, Minnesota.
(6) TWO HARBORS, MINNESOTA.—Project for navigation, Two
Harbors, Minnesota.
(7) CARUTHERSVILLE HARBOR, PEMISCOT COUNTY, MISSOURI.—Project for navigation, Caruthersville Harbor, Pemiscot
County, Missouri, including enlargement of the existing harbor
and bank stabilization measures.
(8) NEW MADRID COUNTY HARBOR, MISSOURI.—Project for
navigation, New Madrid County Harbor, Missouri, including
enlargement of the existing harbor and bank stabilization measures.
(9) BROOKLYN, NEW YORK.—Project for navigation, Brooklyn, New York, including restoration of the pier and related
navigation support structures, at the Sixty-Ninth Street Pier.
(10) BUFFALO INNER HARBOR, BUFFALO, NEW YORK.—Project
for navigation, Buffalo Inner Harbor, Buffalo, New York, including enlargement of the existing harbor and bank stabilization
measures.
(11) GLENN COVE CREEK, NEW YORK.—Project for navigation, Glenn Cove Creek, New York, including bulkheading.
(12) UNION SHIP CANAL, BUFFALO AND LACKAWANNA, NEW
YORK.—Project for navigation, Union Ship Canal, Buffalo and
Lackawanna, New York.

SEC. 105. SMALL SHORELINE PROTECTION PROJECTS.

The Secretary shall conduct a study for each of the following
projects, and if the Secretary determines that the project is feasible,
may carry out the project under section 3 of the Act entitled
‘‘An Act authorizing Federal participation in the cost of protecting
the shores of publicly owned property’’, approved August 13, 1946
(33 U.S.C. 426g; 60 Stat. 1056):
(1) FORT PIERCE, FLORIDA.—Project for 1 mile of additional
shoreline protection, Fort Pierce, Florida.
(2) SYLVAN BEACH BREAKWATER, VERONA, ONEIDA COUNTY,
NEW YORK.—Project for shoreline protection, Sylvan Beach
breakwater, Verona, Oneida County, New York.
SEC. 106. SMALL SNAGGING AND SEDIMENT REMOVAL PROJECT, MISSISSIPPI RIVER, LITTLE FALLS, MINNESOTA.

The Secretary shall conduct a study for a project for clearing,
snagging, and sediment removal, East Bank of the Mississippi
River, Little Falls, Minnesota, including removal of sediment from
culverts. The study shall include a determination of the adequacy
of culverts to maintain flows through the channel. If the Secretary
determines that the project is feasible, the Secretary may carry
out the project under section 3 of the Act entitled ‘‘An Act authorizing the construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes’’, approved
March 2, 1945 (33 U.S.C. 603a; 59 Stat. 23).
SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE ENVIRONMENT.

The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is appropriate,

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3671

may carry out the project under section 1135(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2309a(a)):
(1) PINE FLAT DAM, CALIFORNIA.—Project for fish and wildlife habitat restoration, Pine Flat Dam, Kings River, California,
including construction of a turbine bypass.
(2) UPPER TRUCKEE RIVER, EL DORADO COUNTY, CALIFORNIA.—Project for environmental restoration, Upper Truckee
River, El Dorado County, California, including measures for
restoration of degraded wetlands and wildlife enhancement.
(3) WHITTIER NARROWS DAM, CALIFORNIA.—Project for
environmental restoration and remediation of contaminated
water sources, Whittier Narrows Dam, California.
(4) LOWER AMAZON CREEK, OREGON.—Project for environmental restoration, Lower Amazon Creek, Oregon, consisting
of environmental restoration measures relating to the flood
reduction measures constructed by the Corps of Engineers and
the related flood reduction measures constructed by the Natural
Resources Conservation Service.
(5) ASHLEY CREEK, UTAH.—Project for fish and wildlife restoration, Ashley Creek near Vernal, Utah.
(6) UPPER JORDAN RIVER, SALT LAKE COUNTY, UTAH.—
Project for channel restoration and environmental improvement, Upper Jordan River, Salt Lake County, Utah.

TITLE II—GENERAL PROVISIONS
SEC. 201. COST SHARING FOR DREDGED MATERIAL DISPOSAL AREAS.

(a) CONSTRUCTION.—Section 101(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(a); 100 Stat. 4082–4083)
is amended—
(1) in paragraph (2) by striking the last sentence and
inserting the following: ‘‘The value of lands, easements, rightsof-way, and relocations provided under paragraph (3) and the
costs of relocations borne by the non-Federal interests under
paragraph (4) shall be credited toward the payment required
under this paragraph.’’;
(2) in paragraph (3)—
(A) by inserting ‘‘and’’ after ‘‘rights-of-way,’’;
(B) by striking ‘‘, and dredged material disposal areas’’;
and
(C) by inserting ‘‘, including any lands, easements,
rights-of-way, and relocations (other than utility relocations
accomplished under paragraph (4)) that are necessary for
dredged material disposal facilities’’ before the period at
the end of such paragraph; and
(3) by adding at the end the following:
‘‘(5) DREDGED MATERIAL DISPOSAL FACILITIES FOR PROJECT
CONSTRUCTION.—In this subsection, the term ‘general navigation features’ includes constructed land-based and aquatic
dredged material disposal facilities that are necessary for the
disposal of dredged material required for project construction
and for which a contract for construction has not been awarded
on or before the date of the enactment of this paragraph.’’.
(b) OPERATION AND MAINTENANCE.—Section 101(b) of such Act
(33 U.S.C. 2211(b); 100 Stat. 4083) is amended—
(1) by inserting ‘‘(1) IN GENERAL.—’’ before ‘‘The Federal’’;

110 STAT. 3672

PUBLIC LAW 104–303—OCT. 12, 1996

(2) by indenting and moving paragraph (1) (as designated
by paragraph (1) of this subsection) 2 ems to the right;
(3) by striking ‘‘pursuant to this Act’’ and inserting ‘‘by
the Secretary pursuant to this Act or any other law approved
after the date of the enactment of this Act’’; and
(4) by adding at the end the following:
‘‘(2) DREDGED MATERIAL DISPOSAL FACILITIES.—The Federal
share of the cost of constructing land-based and aquatic dredged
material disposal facilities that are necessary for the disposal
of dredged material required for the operation and maintenance
of a project and for which a contract for construction has
not been awarded on or before the date of the enactment
of this paragraph shall be determined in accordance with subsection (a). The Federal share of operating and maintaining
such facilities shall be determined in accordance with paragraph (1).’’.
(c) AGREEMENT.—Section 101(e)(1) of such Act (33 U.S.C.
2211(e)(1); 100 Stat. 4083) is amended by striking ‘‘and to provide
dredged material disposal areas and perform’’ and inserting ‘‘including those necessary for dredged material disposal facilities, and
perform’’.
(d) CONSIDERATION OF FUNDING REQUIREMENTS AND EQUITABLE
APPORTIONMENT.—Section 101 of such Act (33 U.S.C. 2211; 100
Stat. 4082–4084) is amended by adding at the end the following:
‘‘(f) CONSIDERATION OF FUNDING REQUIREMENTS AND EQUITABLE
APPORTIONMENT.—The Secretary shall ensure, to the extent practicable, that—
‘‘(1) funding requirements for operation and maintenance
dredging of commercial navigation harbors are considered
before Federal funds are obligated for payment of the Federal
share of costs associated with the construction of dredged material disposal facilities in accordance with subsections (a) and
(b);
‘‘(2) funds expended for such construction are apportioned
equitably in accordance with regional needs; and
‘‘(3) use of a dredged material disposal facility designed,
constructed, managed, or operated by a private entity is not
precluded if, consistent with economic and environmental
considerations, the facility is the least-cost alternative.’’.
(e) ELIGIBLE OPERATIONS AND MAINTENANCE DEFINED.—Section
214(2) of such Act (33 U.S.C. 2241; 100 Stat. 4108) is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘Federal’’ after ‘‘means all’’;
(B) by inserting ‘‘(i)’’ after ‘‘including’’; and
(C) by inserting before the period at the end the following: ‘‘; (ii) the construction of dredged material disposal
facilities that are necessary for the operation and maintenance of any harbor or inland harbor; (iii) dredging and
disposing of contaminated sediments that are in or that
affect the maintenance of Federal navigation channels; (iv)
mitigating for impacts resulting from Federal navigation
operation and maintenance activities; and (v) operating
and maintaining dredged material disposal facilities’’; and
(2) in subparagraph (C) by striking ‘‘rights-of-way, or
dredged material disposal areas,’’ and inserting ‘‘or rights-ofway,’’.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3673

(f) AMENDMENT OF COOPERATION AGREEMENT.—If requested
by the non-Federal interest, the Secretary shall amend a project
cooperation agreement executed on or before the date of the enactment of this Act to reflect the application of the amendments
made by this section to any project for which a contract for construction has not been awarded on or before that date.
(g) SAVINGS CLAUSE.—Nothing in this section (including the
amendments made by this section) shall increase, or result in
the increase of, the non-Federal share of the costs of—
(1) expanding any confined dredged material disposal facility that is operated by the Secretary and that is authorized
for cost recovery through the collection of tolls;
(2) any confined dredged material disposal facility for which
the invitation for bids for construction was issued before the
date of the enactment of this Act; and
(3) expanding any confined dredged material disposal facility constructed under section 123 of the River and Harbor
Act of 1970 (33 U.S.C. 1293a) if the capacity of the confined
dredged material disposal facility was exceeded in less than
6 years.

33 USC 2211
note.

33 USC 2211
note.

SEC. 202. FLOOD CONTROL POLICY.

(a) FLOOD CONTROL COST SHARING.—
(1) INCREASED NON-FEDERAL CONTRIBUTIONS.—
(A) IN GENERAL.—Subsections (a) and (b) of section
103 of the Water Resources Development Act of 1986 (33
U.S.C. 2213 (a) and (b)) are each amended by striking
‘‘25 percent’’ each place it appears and inserting ‘‘35 percent’’.
(B) APPLICABILITY.—The amendments made by
subparagraph (A) shall apply to any project authorized
after the date of the enactment of this Act and to any
flood control project that is not specifically authorized by
Congress for which a Detailed Project Report is approved
after such date of enactment or, in the case of a project
for which no Detailed Project Report is prepared, construction is initiated after such date of enactment.
(2) PHYSICAL CONSTRUCTION DEFINED.—Section 103(e)(1) of
such Act (33 U.S.C. 2213(e)(1)) is amended by adding at the
end the following: ‘‘For the purpose of the preceding sentence,
physical construction shall be considered to be initiated on
the date of the award of a construction contract.’’.
(b) ABILITY TO PAY.—
(1) IN GENERAL.—Section 103(m) of such Act (33 U.S.C.
2213(m)) is amended to read as follows:
‘‘(m) ABILITY TO PAY.—
‘‘(1) IN GENERAL.—Any cost-sharing agreement under this
section for flood control or agricultural water supply shall be
subject to the ability of a non-Federal interest to pay.
‘‘(2) CRITERIA AND PROCEDURES.—The ability of a non-Federal interest to pay shall be determined by the Secretary in
accordance with criteria and procedures in effect on the day
before the date of the enactment of the Water Resources Development Act of 1996; except that such criteria and procedures
shall be revised within 1 year after such date of enactment
to reflect the requirements of paragraph (3).

33 USC 2213
note.

110 STAT. 3674

33 USC 2213
note.

PUBLIC LAW 104–303—OCT. 12, 1996
‘‘(3) REVISION OF CRITERIA AND PROCEDURES.—In revising
criteria and procedures pursuant to paragraph (2), the Secretary—
‘‘(A) shall consider—
‘‘(i) per capita income data for the county or counties in which the project is to be located; and
‘‘(ii) the per capita non-Federal cost of construction
of the project for the county or counties in which the
project is to be located;
‘‘(B) shall not consider criteria (other than criteria
described in subparagraph (A)) in effect on the day before
the date of the enactment of the Water Resources Development Act of 1996; and
‘‘(C) may consider additional criteria relating to the
non-Federal interest’s financial ability to carry out its costsharing responsibilities, to the extent that the application
of such criteria does not eliminate areas from eligibility
for a reduction in the non-Federal share as determined
under subparagraph (A).
‘‘(4) NON-FEDERAL SHARE.—Notwithstanding subsection (a),
the Secretary may reduce the requirement that a non-Federal
interest make a cash contribution for any project that is determined to be eligible for a reduction in the non-Federal share
under criteria and procedures in effect under paragraphs (1),
(2), and (3).’’.
(2) APPLICABILITY.—
(A) GENERALLY.—Subject to subparagraph (C), the
amendment made by paragraph (1) shall apply to any
project, or separable element thereof, with respect to which
the Secretary and the non-Federal interest enter into a
project cooperation agreement after December 31, 1997.
(B) AMENDMENT OF COOPERATION AGREEMENT.—If
requested by the non-Federal interest, the Secretary shall
amend a project cooperation agreement executed on or
before the date of the enactment of this Act to reflect
the application of the amendment made by paragraph (1)
to any project for which a contract for construction has
not been awarded on or before such date of enactment.
(C) NON-FEDERAL OPTION.—If requested by the nonFederal interest, the Secretary shall apply the criteria and
procedures established pursuant to section 103(m) of the
Water Resources Development Act of 1986 as in effect
on the day before the date of the enactment of this Act
for projects that are authorized before the date of the
enactment of this Act.
(c) FLOODPLAIN MANAGEMENT PLANS.—
(1) IN GENERAL.—Section 402 of such Act (33 U.S.C. 701b–
12; 100 Stat. 4133) is amended to read as follows:

‘‘SEC. 402. FLOODPLAIN MANAGEMENT REQUIREMENTS.

‘‘(a) COMPLIANCE WITH FLOODPLAIN MANAGEMENT AND INSURANCE PROGRAMS.—Before construction of any project for local flood
protection, or any project for hurricane or storm damage reduction,
that involves Federal assistance from the Secretary, the non-Federal
interest shall agree to participate in and comply with applicable
Federal floodplain management and flood insurance programs.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3675

‘‘(b) FLOOD PLAIN MANAGEMENT PLANS.—Within 1 year after
the date of signing a project cooperation agreement for construction
of a project to which subsection (a) applies, the non-Federal interest
shall prepare a flood plain management plan designed to reduce
the impacts of future flood events in the project area. Such plan
shall be implemented by the non-Federal interest not later than
1 year after completion of construction of the project.
‘‘(c) GUIDELINES.—
‘‘(1) IN GENERAL.—Within 6 months after the date of the
enactment of this subsection, the Secretary shall develop guidelines for preparation of floodplain management plans by nonFederal interests under subsection (b). Such guidelines shall
address potential measures, practices, and policies to reduce
loss of life, injuries, damages to property and facilities, public
expenditures, and other adverse impacts associated with flooding and to preserve and enhance natural floodplain values.
‘‘(2) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing
in this subsection shall be construed to confer any regulatory
authority upon the Secretary or the Director of the Federal
Emergency Management Agency.
‘‘(d) TECHNICAL SUPPORT.—The Secretary may provide technical
support to a non-Federal interest for a project to which subsection
(a) applies for the development and implementation of plans prepared under subsection (b).’’.
(2) APPLICABILITY.—The amendment made by paragraph
(1) shall apply to any project or separable element thereof
with respect to which the Secretary and the non-Federal
interest have not entered into a project cooperation agreement
on or before the date of the enactment of this Act.
(d) NONSTRUCTURAL FLOOD CONTROL POLICY.—
(1) REVIEW.—The Secretary shall conduct a review of policies, procedures, and techniques relating to the evaluation and
development of flood control measures with a view toward
identifying impediments that may exist to justifying nonstructural flood control measures as alternatives to structural
measures.
(2) REPORT.—Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on the findings of the review conducted under this
subsection, together with any recommendations for modifying
existing law to remove any impediments identified under such
review.
(e) EMERGENCY RESPONSE.—Section 5(a)(1) of the Act entitled
‘‘An Act authorizing the construction of certain public works on
rivers and harbors for flood control, and for other purposes’’,
approved August 18, 1941 (33 U.S.C. 701n(a)(1)), is amended by
inserting before the first semicolon the following: ‘‘, or in
implementation of nonstructural alternatives to the repair or restoration of such flood control work if requested by the non-Federal
sponsor’’.
(f) LEVEE OWNERS MANUAL.—Section 5 of such Act of August
18, 1941 (33 U.S.C. 701n), is amended by adding at the end the
following:
‘‘(c) LEVEE OWNERS MANUAL.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this subsection, in accordance with chapter
5 of title 5, United States Code, the Secretary of the Army

33 USC 701b–12
note.

33 USC 701b–11
note.

110 STAT. 3676

33 USC 701n
note.

33 USC 701b
note.
Contracts.

PUBLIC LAW 104–303—OCT. 12, 1996
shall prepare a manual describing the maintenance and upkeep
responsibilities that the Corps of Engineers requires of a nonFederal interest in order for the non-Federal interest to receive
Federal assistance under this section. The Secretary shall provide a copy of the manual at no cost to each non-Federal
interest that is eligible to receive Federal assistance under
this section.
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $1,000,000 to carry out this subsection.
‘‘(3) DEFINITIONS.—In this subsection, the following definitions apply:
‘‘(A) MAINTENANCE AND UPKEEP.—The term ‘maintenance and upkeep’ means all maintenance and general
upkeep of a levee performed on a regular and consistent
basis that is not repair and rehabilitation.
‘‘(B) REPAIR AND REHABILITATION.—The term ‘repair
and rehabilitation’—
‘‘(i) means the repair or rebuilding of a levee or
other flood control structure, after the structure has
been damaged by a flood, to the level of protection
provided by the structure before the flood; but
‘‘(ii) does not include—
‘‘(I) any improvement to the structure; or
‘‘(II) repair or rebuilding described in clause
(i) if, in the normal course of usage, the structure
becomes structurally unsound and is no longer
fit to provide the level of protection for which
the structure was designed.’’.
(g) VEGETATION MANAGEMENT GUIDELINES.—
(1) REVIEW.—The Secretary shall undertake a comprehensive review of the current policy guidelines on vegetation
management for levees. The review shall examine current policies in view of the varied interests in providing flood control,
preserving, protecting, and enhancing natural resources,
protecting the rights of Native Americans pursuant to treaty
and statute, and such other factors as the Secretary considers
appropriate.
(2) COOPERATION AND CONSULTATION.—The review under
this section shall be undertaken in cooperation with interested
Federal agencies and in consultation with interested representatives of State and local governments and the public.
(3) REVISION OF GUIDELINES.—Based upon the results of
the review, the Secretary shall revise, not later than 270 days
after the date of the enactment of this Act, the policy guidelines
so as to provide a coherent and coordinated policy for vegetation
management for levees. Such revised guidelines shall address
regional variations in levee management and resource needs
and shall be incorporated in the manual proposed under section
5(c) of such Act of August 18, 1941 (33 U.S.C. 701n).
(h) RISK-BASED ANALYSIS METHODOLOGY.—
(1) IN GENERAL.—The Secretary shall enter into an agreement with the National Academy of Sciences to conduct a
study of the Corps of Engineers’ use of risk-based analysis
for the evaluation of hydrology, hydraulics, and economics in
flood damage reduction studies. The study shall include—

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3677

(A) an evaluation of the impact of risk-based analysis
on project formulation, project economic justification, and
minimum engineering and safety standards; and
(B) a review of studies conducted using risk-based
analysis to determine—
(i) the scientific validity of applying risk-based
analysis in these studies; and
(ii) the impact of using risk-based analysis as it
relates to current policy and procedures of the Corps
of Engineers.
(2) REPORT.—Not later than 18 months after the date of
the enactment of this Act, the Secretary shall submit to Congress a report on the results of the study under paragraph
(1), as well as such recommendations as the Secretary considers
appropriate.
(3) LIMITATION ON USE OF METHODOLOGY.—During the
period beginning on the date of the enactment of this Act
and ending 18 months after that date, if requested by a nonFederal interest, the Secretary shall refrain from using any
risk-based technique required under the studies described in
paragraph (1) for the evaluation and design of a project.
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $250,000 to carry out this subsection.
SEC. 203. COST SHARING FOR FEASIBILITY STUDIES.

(a) NON-FEDERAL SHARE.—Section 105(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2215(a)) is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) COST SHARING.—
‘‘(A) IN GENERAL.—The Secretary shall not initiate any
feasibility study for a water resources project after November 17, 1986, until appropriate non-Federal interests agree,
by contract, to contribute 50 percent of the cost of the
study.
‘‘(B) PAYMENT OF COST SHARE DURING PERIOD OF
STUDY.—During the period of the study, the non-Federal
share of the cost of the study payable under subparagraph
(A) shall be 50 percent of the sum of—
‘‘(i) the cost estimate for the study as contained
in the feasibility cost-sharing agreement; and
‘‘(ii) any excess of the cost of the study over the
cost estimate if the excess results from—
‘‘(I) a change in Federal law; or
‘‘(II) a change in the scope of the study
requested by the non-Federal interests.
‘‘(C) PAYMENT OF COST SHARE ON AUTHORIZATION OF
PROJECT OR TERMINATION OF STUDY.—
‘‘(i) PROJECT TIMELY AUTHORIZED.—Except as
otherwise agreed to by the Secretary and the nonFederal interests and subject to clause (ii), the nonFederal share of any excess of the cost of the study
over the cost estimate (excluding any excess cost
described in subparagraph (B)(ii)) shall be payable on
the date on which the Secretary and the non-Federal
interests enter into an agreement pursuant to section
101(e) or 103(j) with respect to the project.

110 STAT. 3678

33 USC 2215
note.

33 USC 2215
note.

PUBLIC LAW 104–303—OCT. 12, 1996

‘‘(ii) PROJECT NOT TIMELY AUTHORIZED.—If the
project that is the subject of the study is not authorized
by the date that is 5 years after the completion of
the final report of the Chief of Engineers concerning
the study or the date that is 2 years after the termination of the study, the non-Federal share of any excess
of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii))
shall be payable to the United States on that date.
‘‘(D) AMENDMENT OF COST ESTIMATE.—The cost estimate referred to in subparagraph (B)(i) may be amended
only by agreement of the Secretary and the non-Federal
interests.
‘‘(E) IN-KIND CONTRIBUTIONS.—Not more than 1⁄2 of
the non-Federal share required under this paragraph may
be satisfied by the provision of services, materials, supplies,
or other in-kind services necessary to prepare the feasibility
report.’’; and
(2) in paragraph (2) by striking ‘‘(2) This subsection’’ and
inserting the following:
‘‘(2) APPLICABILITY.—This subsection’’.
(b) APPLICABILITY.—The amendments made by subsection (a)
shall apply notwithstanding any feasibility cost-sharing agreement
entered into by the Secretary and the non-Federal interests. On
request of the non-Federal interest, the Secretary shall amend
any feasibility cost-sharing agreements in effect on the date of
the enactment of this Act so as to conform the agreements with
the amendments.
(c) NO REQUIREMENT OF REIMBURSEMENT.—Nothing in this section or any amendment made by this section requires the Secretary
to reimburse the non-Federal interests for funds previously contributed for a study.
SEC. 204. RESTORATION OF ENVIRONMENTAL QUALITY.

(a) REVIEW OF PROJECTS.—Section 1135(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2309a(a)) is amended—
(1) by striking ‘‘the operation of’’; and
(2) by inserting before the period at the end the following:
‘‘and to determine if the operation of such projects has contributed to the degradation of the quality of the environment’’.
(b) PROGRAM OF PROJECTS.—Section 1135(b) of such Act is
amended by striking the last 2 sentences.
(c) RESTORATION OF ENVIRONMENTAL QUALITY.—Section 1135
of such Act is amended—
(1) by redesignating subsections (c), (d), and (e) as subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (b) the following:
‘‘(c) RESTORATION OF ENVIRONMENTAL QUALITY.—If the Secretary determines that construction of a water resources project
by the Secretary or operation of a water resources project constructed by the Secretary has contributed to the degradation of
the quality of the environment, the Secretary may undertake measures for restoration of environmental quality and measures for
enhancement of environmental quality that are associated with
the restoration, through modifications either at the project site
or at other locations that have been affected by the construction

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3679

or operation of the project, if such measures do not conflict with
the authorized project purposes.
‘‘(d) NON-FEDERAL SHARE; LIMITATION ON MAXIMUM FEDERAL
EXPENDITURE.—The non-Federal share of the cost of any modifications or measures carried out or undertaken pursuant to subsection
(b) or (c) shall be 25 percent. Not more than 80 percent of the
non-Federal share may be in kind, including a facility, supply,
or service that is necessary to carry out the modification or measure.
Not more than $5,000,000 in Federal funds may be expended on
any single modification or measure carried out or undertaken pursuant to this section.’’; and
(3) in subsection (f) (as so redesignated) by striking ‘‘program conducted under subsection (b)’’ and inserting ‘‘programs
conducted under subsections (b) and (c)’’.
(d) DEFINITION.—Section 1135 of such Act (as amended by
subsection (c)(1) of this section) is amended by adding at the end
the following:
‘‘(h) DEFINITION.—In this section, the term ‘water resources
project constructed by the Secretary’ includes a water resources
project constructed or funded jointly by the Secretary and the
head of any other Federal agency (including the Natural Resources
Conservation Service).’’.
SEC. 205. ENVIRONMENTAL DREDGING.

Section 312 of the Water Resources Development Act of 1990
(33 U.S.C. 1252 note; 104 Stat. 4639–4640) is amended—
(1) in each of subsections (a), (b), and (c) by inserting
‘‘and remediate’’ after ‘‘remove’’ each place it appears;
(2) in subsection (b)—
(A) in paragraph (1) by inserting ‘‘and remediation’’
after ‘‘removal’’ each place it appears; and
(B) in paragraph (2) by striking ‘‘$10,000,000’’ and
inserting ‘‘$20,000,000’’; and
(3) by striking subsection (f) and inserting the following:
‘‘(f) PRIORITY WORK.—In carrying out this section, the Secretary
shall give priority to work in the following areas:
‘‘(1) Brooklyn Waterfront, New York.
‘‘(2) Buffalo Harbor and River, New York.
‘‘(3) Ashtabula River, Ohio.
‘‘(4) Mahoning River, Ohio.
‘‘(5) Lower Fox River, Wisconsin.’’.
SEC. 206. AQUATIC ECOSYSTEM RESTORATION.

(a) GENERAL AUTHORITY.—The Secretary may carry out an
aquatic ecosystem restoration and protection project if the Secretary
determines that the project—
(1) will improve the quality of the environment and is
in the public interest; and
(2) is cost-effective.
(b) COST SHARING.—Non-Federal interests shall provide 35 percent of the cost of construction of any project carried out under
this section, including provision of all lands, easements, rightsof-way, and necessary relocations.
(c) AGREEMENTS.—Construction of a project under this section
shall be initiated only after a non-Federal interest has entered
into a binding agreement with the Secretary to pay the non-Federal
share of the costs of construction required by this section and
to pay 100 percent of any operation, maintenance, and replacement

22 USC 2330.

110 STAT. 3680

PUBLIC LAW 104–303—OCT. 12, 1996

and rehabilitation costs with respect to the project in accordance
with regulations prescribed by the Secretary.
(d) COST LIMITATION.—Not more than $5,000,000 in Federal
funds may be allotted under this section for a project at any single
locality.
(e) FUNDING.—There is authorized to be appropriated to carry
out this section $25,000,000 for each fiscal year.
SEC. 207. BENEFICIAL USES OF DREDGED MATERIAL.

Section 204 of the Water Resources Development Act of 1992
(33 U.S.C. 2326; 106 Stat. 4826) is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
‘‘(e) SELECTION OF DREDGED MATERIAL DISPOSAL METHOD.—
In developing and carrying out a project for navigation involving
the disposal of dredged material, the Secretary may select, with
the consent of the non-Federal interest, a disposal method that
is not the least-cost option if the Secretary determines that the
incremental costs of such disposal method are reasonable in relation
to the environmental benefits, including the benefits to the aquatic
environment to be derived from the creation of wetlands and control
of shoreline erosion. The Federal share of such incremental costs
shall be determined in accordance with subsection (c).’’.
SEC. 208. RECREATION POLICY AND USER FEES.
16 USC 460d
note.

16 USC 460d–3
note.

(a) RECREATION POLICY.—
(1) IN GENERAL.—The Secretary shall provide increased
emphasis on, and opportunities for recreation at, water
resources projects operated, maintained, or constructed by the
Corps of Engineers.
(2) REPORT.—Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on specific measures taken to implement this subsection.
(b) USER FEES.—
(1) IN GENERAL.—Section 210(b)(4) of the Flood Control
Act of 1968 (16 U.S.C. 460d–3(b)(4)) is amended by inserting
before the period at the end the following: ‘‘and, subject to
the availability of appropriations, shall be used for the purposes
specified in section 4(i)(3) of such Act at the water resources
development project at which the fees were collected’’.
(2) REPORT.—Not later than 90 days after the date of
the enactment of this Act, the Secretary shall prepare and
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report, with respect
to fiscal years 1995 and 1996, on—
(A) the amount of day-use fees collected under section
210(b) of the Flood Control Act of 1968 (16 U.S.C. 460d–
3(b)) at each water resources development project; and
(B) the administrative costs associated with the collection of the day-use fees at each water resources development project.
(c) ALTERNATIVE TO ANNUAL PASSES.—
(1) IN GENERAL.—The Secretary shall evaluate the feasibility of implementing an alternative to the $25 annual pass
that the Secretary currently offers to users of recreation facilities at water resources projects of the Corps of Engineers.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3681

(2) ANNUAL PASS.—The evaluation under paragraph (1)
shall include the establishment on a test basis of an annual
pass that costs $10 or less for the use of recreation facilities,
including facilities at Raystown Lake, Pennsylvania.
(3) REPORT.—Not later than December 31, 1999, the Secretary shall transmit to Congress a report on the results of
the evaluation carried out under this subsection, together with
recommendations concerning whether annual passes for
individual projects should be offered on a nationwide basis.
(4) EXPIRATION OF AUTHORITY.—The authority to establish
an annual pass under paragraph (2) shall expire on the later
of December 31, 1999, or the date of transmittal of the report
under paragraph (3).
SEC. 209. RECOVERY OF COSTS.

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

42 USC 9607
note.

SEC. 210. COST SHARING FOR ENVIRONMENTAL PROJECTS.

(a) IN GENERAL.—Section 103(c) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(c); 100 Stat. 4085) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6)
and inserting ‘‘; and’’; and
(3) by inserting after paragraph (6) the following:
‘‘(7) environmental protection and restoration: 35 percent;
except that nothing in this paragraph shall affect or limit
the applicability of section 906.’’.
(b) APPLICABILITY.—The amendments made by subsection (a)
apply only to projects authorized after the date of the enactment
of this Act.
SEC. 211. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NONFEDERAL INTERESTS.

(a) AUTHORITY.—Non-Federal interests are authorized to undertake flood control projects in the United States, subject to obtaining
any permits required pursuant to Federal and State laws in advance
of actual construction.
(b) STUDIES AND DESIGN ACTIVITIES.—
(1) BY NON-FEDERAL INTERESTS.—A non-Federal interest
may prepare, for review and approval by the Secretary, the
necessary studies and design documents for any construction
to be undertaken pursuant to subsection (a).
(2) BY SECRETARY.—Upon request of an appropriate nonFederal interest, the Secretary may undertake all necessary
studies and design activities for any construction to be undertaken pursuant to subsection (a) and provide technical assistance in obtaining all necessary permits for such construction
if the non-Federal interest contracts with the Secretary to
provide to the United States funds for the studies and design

33 USC 2213
note.
33 USC 701b–13.

110 STAT. 3682

PUBLIC LAW 104–303—OCT. 12, 1996

activities during the period in which the studies and design
activities will be conducted.
(c) COMPLETION OF STUDIES AND DESIGN ACTIVITIES.—In the
case of any study or design documents for a flood control project
that were initiated before the date of the enactment of this Act,
the Secretary may complete and transmit to the appropriate nonFederal interests the study or design documents or, upon the
request of such non-Federal interests, terminate the study or design
activities and transmit the partially completed study or design
documents to such non-Federal interests for completion. Studies
and design documents subject to this subsection shall be completed
without regard to the requirements of subsection (b).
(d) AUTHORITY TO CARRY OUT IMPROVEMENT.—
(1) IN GENERAL.—Any non-Federal interest that has
received from the Secretary pursuant to subsection (b) or (c)
a favorable recommendation to carry out a flood control project,
or separable element of a flood control project, based on the
results of completed studies and design documents for the
project or element may carry out the project or element if
a final environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
has been filed for the project or element.
(2) PERMITS.—Any plan of improvement proposed to be
implemented in accordance with this subsection shall be
deemed to satisfy the requirements for obtaining the appropriate permits required under the Secretary’s authority. Such
permits shall be granted subject to the non-Federal interest’s
acceptance of the terms and conditions of such permits if the
Secretary determines that the applicable regulatory criteria
and procedures have been satisfied.
(3) MONITORING.—The Secretary shall monitor any project
for which a permit is granted under this subsection in order
to ensure that such project is constructed, operated, and maintained in accordance with the terms and conditions of such
permit.
(e) REIMBURSEMENT.—
(1) GENERAL RULE.—Subject to appropriations Acts, the
Secretary may reimburse any non-Federal interest an amount
equal to the estimate of the Federal share, without interest,
of the cost of any authorized flood control project, or separable
element of a flood control project, constructed pursuant to this
section—
(A) if, after authorization and before initiation of
construction of the project or separable element, the Secretary approves the plans for construction of such project
by the non-Federal interest; and
(B) if the Secretary finds, after a review of studies
and design documents prepared pursuant to this section,
that construction of the project or separable element is
economically justified and environmentally acceptable.
(2) SPECIAL RULES.—
(A) REIMBURSEMENT.—For work (including work associated with studies, planning, design, and construction)
carried out by a non-Federal interest with respect to a
project described in subsection (f), the Secretary shall, subject to amounts being made available in advance in appropriations Acts, reimburse, without interest, the non-Federal

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3683

interest an amount equal to the estimated Federal share
of the cost of such work if such work is later recommended
by the Chief of Engineers and approved by the Secretary.
(B) CREDIT.—If the non-Federal interest for a project
described in subsection (f) carries out work before completion of a reconnaissance study by the Secretary and if
such work is determined by the Secretary to be compatible
with the project later recommended by the Secretary, the
Secretary shall credit the non-Federal interest for its share
of the cost of the project for such work.
(3) MATTERS TO BE CONSIDERED IN REVIEWING PLANS.—
In reviewing plans under this subsection, the Secretary shall
consider budgetary and programmatic priorities and other factors that the Secretary considers appropriate.
(4) MONITORING.—The Secretary shall regularly monitor
and audit any project for flood control approved for construction
under this section by a non-Federal interest to ensure that
such construction is in compliance with the plans approved
by the Secretary and that the costs are reasonable.
(5) LIMITATION ON REIMBURSEMENTS.—The Secretary may
not make any reimbursement under this section until the Secretary determines that the work for which reimbursement is
requested has been performed in accordance with applicable
permits and approved plans.
(f) SPECIFIC PROJECTS.—For the purpose of demonstrating the
potential advantages and effectiveness of non-Federal implementation of flood control projects, the Secretary shall enter into agreements pursuant to this section with non-Federal interests for
development of the following flood control projects by such interests:
(1) BERRYESSA CREEK, CALIFORNIA.—The Berryessa Creek
element of the project for flood control, Coyote and Berryessa
Creeks, California, authorized by section 101(a)(5) of the Water
Resources Development Act of 1990 (104 Stat. 4606); except
that, subject to the approval of the Secretary as provided by
this section, the non-Federal interest may design and construct
an alternative to such element.
(2) LOS ANGELES COUNTY DRAINAGE AREA, CALIFORNIA.—
The project for flood control, Los Angeles County Drainage
Area, California, authorized by section 101(b) of the Water
Resources Development Act of 1990 (104 Stat. 4611).
(3) STOCKTON METROPOLITAN AREA, CALIFORNIA.—The
project for flood control, Stockton Metropolitan Area, California.
(4) UPPER GUADALUPE RIVER, CALIFORNIA.—The project for
flood control, Upper Guadalupe River, California.
(5) FLAMINGO AND TROPICANA WASHES, NEVADA.—The
project for flood control, Las Vegas Wash and Tributaries (Flamingo and Tropicana Washes), Nevada, authorized by section
101(13) of the Water Resources Development Act of 1992 (106
Stat. 4803).
(6) BRAYS BAYOU, TEXAS.—Flood control components
comprising the Brays Bayou element of the project for flood
control, Buffalo Bayou and tributaries, Texas, authorized by
section 101(a)(21) of the Water Resources Development Act
of 1990 (104 Stat. 4610); except that, subject to the approval
of the Secretary as provided by this section, the non-Federal
interest may design and construct an alternative to the diversion component of such element.

110 STAT. 3684

PUBLIC LAW 104–303—OCT. 12, 1996

(7) HUNTING BAYOU, TEXAS.—The Hunting Bayou element
of the project for flood control, Buffalo Bayou and tributaries,
Texas, authorized by such section; except that, subject to the
approval of the Secretary as provided by this section, the nonFederal interest may design and construct an alternative to
such element.
(8) WHITE OAK BAYOU, TEXAS.—The project for flood control,
White Oak Bayou watershed, Texas.
(g) TREATMENT OF FLOOD DAMAGE PREVENTION MEASURES.—
For the purposes of this section, flood damage prevention measures
at or in the vicinity of Morgan City and Berwick, Louisiana, shall
be treated as an authorized separable element of the Atchafalaya
Basin feature of the project for flood control, Mississippi River
and Tributaries.
33 USC 2313a.

SEC. 212. ENGINEERING AND ENVIRONMENTAL INNOVATIONS OF
NATIONAL SIGNIFICANCE.

(a) SURVEYS, PLANS, AND STUDIES.—To encourage innovative
and environmentally sound engineering solutions and innovative
environmental solutions to problems of national significance, the
Secretary may undertake surveys, plans, and studies and prepare
reports that may lead to work under existing civil works authorities
or to recommendations for authorizations.
(b) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $1,000,000
for each of fiscal years 1997 through 2000.
(2) FUNDING FROM OTHER SOURCES.—The Secretary may
accept and expend additional funds from other Federal agencies,
States, or non-Federal entities for purposes of carrying out
this section.
33 USC 576b.

SEC. 213. LEASE AUTHORITY.

Notwithstanding any other provision of law, the Secretary may
lease space available in buildings for which funding for construction
or purchase was provided from the revolving fund established by
the 1st section of the Civil Functions Appropriations Act, 1954
(33 U.S.C. 576; 67 Stat. 199), under such terms and conditions
as are acceptable to the Secretary. The proceeds from such leases
shall be credited to the revolving fund for the purposes set forth
in such Act.
SEC. 214. COLLABORATIVE RESEARCH AND DEVELOPMENT.

(a) FUNDING FROM OTHER FEDERAL SOURCES.—Section 7 of
the Water Resources Development Act of 1988 (33 U.S.C. 2313;
102 Stat. 4022–4023) is amended—
(1) in subsection (a) by inserting ‘‘civil works’’ before ‘‘mission’’; and
(2) by striking subsection (e) and inserting the following:
‘‘(e) FUNDING FROM OTHER FEDERAL SOURCES.—The Secretary
may accept and expend additional funds from other Federal programs, including other Department of Defense programs, to carry
out this section.’’.
(b) PRE-AGREEMENT TEMPORARY PROTECTION OF TECHNOLOGY.—Section 7 of such Act is amended—
(1) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively;
(2) by inserting after subsection (a) the following:

PUBLIC LAW 104–303—OCT. 12, 1996
‘‘(b)

PRE-AGREEMENT

TEMPORARY

PROTECTION

110 STAT. 3685
OF

TECH-

NOLOGY.—

‘‘(1) IN GENERAL.—If the Secretary determines that information developed as a result of research and development activities
conducted by the Corps of Engineers is likely to be subject
to a cooperative research and development agreement within
2 years of its development and that such information would
be a trade secret or commercial or financial information that
would be privileged or confidential if the information had been
obtained from a non-Federal party participating in a cooperative
research and development agreement under section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a), the Secretary may provide appropriate protection
against the dissemination of such information, including exemption from subchapter II of chapter 5 of title 5, United States
Code, until the earlier of the date the Secretary enters into
such an agreement with respect to such technology or the
last day of the 2-year period beginning on the date of such
determination.
‘‘(2) TREATMENT.—Any technology covered by this section
that becomes the subject of a cooperative research and development agreement shall be accorded the protection provided under
section 12(c)(7)(B) of such Act (15 U.S.C. 3710a(c)(7)(B)) as
if such technology had been developed under a cooperative
research and development agreement.’’; and
(3) in subsection (d) (as so redesignated) by striking ‘‘(b)’’
and inserting ‘‘(c)’’.
SEC. 215. NATIONAL DAM SAFETY PROGRAM.

(a) PURPOSE.—The purpose of this section is to reduce the
risks to life and property from dam failure in the United States
through the establishment and maintenance of an effective national
dam safety program to bring together the expertise and resources
of the Federal and non-Federal communities in achieving national
dam safety hazard reduction. It is not the intent of this section
to preempt any other Federal or State authorities nor is it the
intent of this section to mandate State participation in the grant
assistance program to be established under this section.
(b) EFFECT ON OTHER DAM SAFETY PROGRAMS.—Nothing in
this section (including the amendments made by this section) shall
preempt or otherwise affect any dam safety program of a Federal
agency other than the Federal Emergency Management Agency,
including any program that regulates, permits, or licenses any
activity affecting a dam.
(c) DAM SAFETY PROGRAM.—The Act entitled ‘‘An Act to authorize the Secretary of the Army to undertake a national program
of inspection of dams’’, approved August 8, 1972 (33 U.S.C 467
et seq.; Public Law 92–367), is amended—
(1) by striking the 1st section and inserting the following:

33 USC 467 note.

‘‘SECTION 1. SHORT TITLE.

33 USC 467 note.

‘‘This Act may be cited as the ‘National Dam Safety Program
Act’.’’;
(2) by striking sections 5 through 14;
(3) by redesignating sections 2, 3, and 4 as sections 3,
4, and 5, respectively;
(4) by inserting after section 1 (as amended by paragraph
(1) of this subsection) the following:

33 USC
467d–467m.
33 USC
467a–467c.

33 USC 467 note.

33 USC 467.

110 STAT. 3686
33 USC 467.

PUBLIC LAW 104–303—OCT. 12, 1996

‘‘SEC. 2. DEFINITIONS.

‘‘In this Act, the following definitions apply:
‘‘(1) BOARD.—The term ‘Board’ means a National Dam
Safety Review Board established under section 8(h).
‘‘(2) DAM.—The term ‘dam’—
‘‘(A) means any artificial barrier that has the ability
to impound water, wastewater, or any liquid-borne material, for the purpose of storage or control of water, that—
‘‘(i) is 25 feet or more in height from—
‘‘(I) the natural bed of the stream channel
or watercourse measured at the downstream toe
of the barrier; or
‘‘(II) if the barrier is not across a stream channel or watercourse, from the lowest elevation of
the outside limit of the barrier;
to the maximum water storage elevation; or
‘‘(ii) has an impounding capacity for maximum
storage elevation of 50 acre-feet or more; but
‘‘(B) does not include—
‘‘(i) a levee; or
‘‘(ii) a barrier described in subparagraph (A) that—
‘‘(I) is 6 feet or less in height regardless of
storage capacity; or
‘‘(II) has a storage capacity at the maximum
water storage elevation that is 15 acre-feet or less
regardless of height;
unless the barrier, because of the location of the barrier
or another physical characteristic of the barrier, is
likely to pose a significant threat to human life or
property if the barrier fails (as determined by the
Director).
‘‘(3) DIRECTOR.—The term ‘Director’ means the Director
of FEMA.
‘‘(4) FEDERAL AGENCY.—The term ‘Federal agency’ means
a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or
maintenance of a dam.
‘‘(5) FEDERAL GUIDELINES FOR DAM SAFETY.—The term ‘Federal Guidelines for Dam Safety’ means the FEMA publication,
numbered 93 and dated June 1979, that defines management
practices for dam safety at all Federal agencies.
‘‘(6) FEMA.—The term ‘FEMA’ means the Federal Emergency Management Agency.
‘‘(7) HAZARD REDUCTION.—The term ‘hazard reduction’
means the reduction in the potential consequences to life and
property of dam failure.
‘‘(8) ICODS.—The term ‘ICODS’ means the Interagency
Committee on Dam Safety established by section 7.
‘‘(9) PROGRAM.—The term ‘Program’ means the national
dam safety program established under section 8.
‘‘(10) STATE.—The term ‘State’ means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and any other territory or possession of the United
States.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3687

‘‘(11) STATE DAM SAFETY AGENCY.—The term ‘State dam
safety agency’ means a State agency that has regulatory authority over the safety of non-Federal dams.
‘‘(12) STATE DAM SAFETY PROGRAM.—The term ‘State dam
safety program’ means a State dam safety program approved
and assisted under section 8(f).
‘‘(13) UNITED STATES.—The term ‘United States’, when used
in a geographical sense, means all of the States.’’;
(5) in section 3 (as redesignated by paragraph (3) of this
subsection)—
(A) by striking ‘‘SEC. 3. As’’ and inserting the following:

33 USC 467a.

‘‘SEC. 3. INSPECTION OF DAMS.

‘‘(a) IN GENERAL.—As’’; and
(B) by adding at the end the following:
‘‘(b) STATE PARTICIPATION.—On request of a State dam safety
agency, with respect to any dam the failure of which would affect
the State, the head of a Federal agency shall—
‘‘(1) provide information to the State dam safety agency
on the construction, operation, or maintenance of the dam;
or
‘‘(2) allow any official of the State dam safety agency to
participate in the Federal inspection of the dam.’’;
(6) in section 4 (as redesignated by paragraph (3) of this
subsection) by striking ‘‘SEC. 4. As’’ and inserting the following:

33 USC 467b.

‘‘SEC. 4. INVESTIGATION REPORTS TO GOVERNORS.

‘‘As’’;
(7) in section 5 (as redesignated by paragraph (3) of this
subsection) by striking ‘‘SEC. 5. For’’ and inserting the following:

33 USC 467c.

‘‘SEC. 5. DETERMINATION OF DANGER TO HUMAN LIFE AND PROPERTY.

‘‘For’’; and
(8) by inserting after section 5 (as redesignated by paragraph (3) of this subsection) the following:
‘‘SEC. 6. NATIONAL DAM INVENTORY.

33 USC 467d.

‘‘The Secretary of the Army, acting through the Chief of Engineers, may maintain and periodically publish updated information
on the inventory of dams in the United States.
‘‘SEC. 7. INTERAGENCY COMMITTEE ON DAM SAFETY.

‘‘(a) ESTABLISHMENT.—There is established an Interagency
Committee on Dam Safety—
‘‘(1) comprised of a representative of each of the Department of Agriculture, the Department of Defense, the Department of Energy, the Department of the Interior, the Department
of Labor, FEMA, the Federal Energy Regulatory Commission,
the Nuclear Regulatory Commission, the Tennessee Valley
Authority, and the United States Section of the International
Boundary Commission; and
‘‘(2) chaired by the Director.
‘‘(b) DUTIES.—ICODS shall encourage the establishment and
maintenance of effective Federal and State programs, policies, and
guidelines intended to enhance dam safety for the protection of
human life and property through—

33 USC 467e.

110 STAT. 3688

PUBLIC LAW 104–303—OCT. 12, 1996
‘‘(1) coordination and information exchange among Federal
agencies and State dam safety agencies; and
‘‘(2) coordination and information exchange among Federal
agencies concerning implementation of the Federal Guidelines
for Dam Safety.

33 USC 467f.

Regulations.

‘‘SEC. 8. NATIONAL DAM SAFETY PROGRAM.

‘‘(a) IN GENERAL.—The Director, in consultation with ICODS
and State dam safety agencies, and the Board shall establish and
maintain, in accordance with this section, a coordinated national
dam safety program. The Program shall—
‘‘(1) be administered by FEMA to achieve the objectives
set forth in subsection (c);
‘‘(2) involve, to the extent appropriate, each Federal agency;
and
‘‘(3) include—
‘‘(A) each of the components described in subsection
(d);
‘‘(B) the implementation plan described in subsection
(e); and
‘‘(C) assistance for State dam safety programs described
in subsection (f).
‘‘(b) DUTIES.—The Director shall—
‘‘(1) not later than 270 days after the date of the enactment
of this paragraph, develop the implementation plan described
in subsection (e);
‘‘(2) not later than 300 days after the date of the enactment
of this paragraph, submit to the appropriate authorizing
committees of Congress the implementation plan described in
subsection (e); and
‘‘(3) by regulation, not later than 360 days after the date
of the enactment of this paragraph—
‘‘(A) develop and implement the Program;
‘‘(B) establish goals, priorities, and target dates for
implementation of the Program; and
‘‘(C) to the extent feasible, provide a method for
cooperation and coordination with, and assistance to,
interested governmental entities in all States.
‘‘(c) OBJECTIVES.—The objectives of the Program are to—
‘‘(1) ensure that new and existing dams are safe through
the development of technologically and economically feasible
programs and procedures for national dam safety hazard reduction;
‘‘(2) encourage acceptable engineering policies and procedures to be used for dam site investigation, design, construction,
operation and maintenance, and emergency preparedness;
‘‘(3) encourage the establishment and implementation of
effective dam safety programs in each State based on State
standards;
‘‘(4) develop and encourage public awareness projects to
increase public acceptance and support of State dam safety
programs;
‘‘(5) develop technical assistance materials for Federal and
non-Federal dam safety programs; and
‘‘(6) develop mechanisms with which to provide Federal
technical assistance for dam safety to the non-Federal sector.
‘‘(d) COMPONENTS.—

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3689

‘‘(1) IN GENERAL.—The Program shall consist of—
‘‘(A) a Federal element and a non-Federal element;
and
‘‘(B) leadership activity, technical assistance activity,
and public awareness activity.
‘‘(2) ELEMENTS.—
‘‘(A) FEDERAL.—The Federal element shall incorporate
the activities and practices carried out by Federal agencies
under section 7 to implement the Federal Guidelines for
Dam Safety.
‘‘(B) NON-FEDERAL.—The non-Federal element shall
consist of—
‘‘(i) the activities and practices carried out by
States, local governments, and the private sector to
safely build, regulate, operate, and maintain dams;
and
‘‘(ii) Federal activities that foster State efforts to
develop and implement effective programs for the
safety of dams.
‘‘(3) FUNCTIONAL ACTIVITIES.—
‘‘(A) LEADERSHIP.—The leadership activity shall be the
responsibility of FEMA and shall be exercised by chairing
ICODS to coordinate Federal efforts in cooperation with
State dam safety officials.
‘‘(B) TECHNICAL ASSISTANCE.—The technical assistance
activity shall consist of the transfer of knowledge and technical information among the Federal and non-Federal elements described in paragraph (2).
‘‘(C) PUBLIC AWARENESS.—The public awareness activity shall provide for the education of the public, including
State and local officials, in the hazards of dam failure,
methods of reducing the adverse consequences of dam failure, and related matters.
‘‘(e) IMPLEMENTATION PLAN.—The Director shall—
‘‘(1) develop an implementation plan for the Program that
shall set, through fiscal year 2002, year-by-year targets that
demonstrate improvements in dam safety; and
‘‘(2) recommend appropriate roles for Federal agencies and
for State and local units of government, individuals, and private
organizations in carrying out the implementation plan.
‘‘(f) ASSISTANCE FOR STATE DAM SAFETY PROGRAMS.—
‘‘(1) IN GENERAL.—To encourage the establishment and
maintenance of effective State programs intended to ensure
dam safety, to protect human life and property, and to improve
State dam safety programs, the Director shall provide assistance with amounts made available under section 12 to assist
States in establishing and maintaining dam safety programs—
‘‘(A) in accordance with the criteria specified in paragraph (2); and
‘‘(B) in accordance with more advanced requirements
and standards established by the Board and the Director
with the assistance of established criteria such as the Model
State Dam Safety Program published by FEMA, numbered
123 and dated April 1987, and amendments to the Model
State Dam Safety Program.
‘‘(2) CRITERIA AND BUDGETING REQUIREMENT.—For a State
to be eligible for primary assistance under this subsection,

110 STAT. 3690

PUBLIC LAW 104–303—OCT. 12, 1996
a State dam safety program must be working toward meeting
the following criteria and budgeting requirement, and for a
State to be eligible for advanced assistance under this subsection, a State dam safety program must meet the following
criteria and budgeting requirement and be working toward
meeting the advanced requirements and standards established
under paragraph (1)(B):
‘‘(A) CRITERIA.—For a State to be eligible for assistance
under this subsection, a State dam safety program must
be authorized by State legislation to include substantially,
at a minimum—
‘‘(i) the authority to review and approve plans and
specifications to construct, enlarge, modify, remove,
and abandon dams;
‘‘(ii) the authority to perform periodic inspections
during dam construction to ensure compliance with
approved plans and specifications;
‘‘(iii) a requirement that, on completion of dam
construction, State approval must be given before operation of the dam;
‘‘(iv)(I) the authority to require or perform the
inspection, at least once every 5 years, of all dams
and reservoirs that would pose a significant threat
to human life and property in case of failure to determine the continued safety of the dams and reservoirs;
and
‘‘(II) a procedure for more detailed and frequent
safety inspections;
‘‘(v) a requirement that all inspections be performed under the supervision of a State-registered
professional engineer with related experience in dam
design and construction;
‘‘(vi) the authority to issue notices, when appropriate, to require owners of dams to perform necessary
maintenance or remedial work, revise operating procedures, or take other actions, including breaching dams
when necessary;
‘‘(vii) regulations for carrying out the legislation
of the State described in this subparagraph;
‘‘(viii) provision for necessary funds—
‘‘(I) to ensure timely repairs or other changes
to, or removal of, a dam in order to protect human
life and property; and
‘‘(II) if the owner of the dam does not take
action described in subclause (I), to take appropriate action as expeditiously as practicable;
‘‘(ix) a system of emergency procedures to be used
if a dam fails or if the failure of a dam is imminent;
and
‘‘(x) an identification of—
‘‘(I) each dam the failure of which could be
reasonably expected to endanger human life;
‘‘(II) the maximum area that could be flooded
if the dam failed; and
‘‘(III) necessary public facilities that would be
affected by the flooding.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3691

‘‘(B) BUDGETING REQUIREMENT.—For a State to be
eligible for assistance under this subsection, State appropriations must be budgeted to carry out the legislation
of the State under subparagraph (A).
‘‘(3) WORK PLANS.—The Director shall enter into a contract
with each State receiving assistance under paragraph (2) to
develop a work plan necessary for the State dam safety program
to reach a level of program performance specified in the contract.
‘‘(4) MAINTENANCE OF EFFORT.—Assistance may not be provided to a State under this subsection for a fiscal year unless
the State enters into such agreement with the Director as
the Director requires to ensure that the State will maintain
the aggregate expenditures of the State from all other sources
for programs to ensure dam safety for the protection of human
life and property at or above a level equal to the average
annual level of such expenditures for the 2 fiscal years preceding the fiscal year.
‘‘(5) APPROVAL OF PROGRAMS.—
‘‘(A) SUBMISSION.—For a State to be eligible for assistance under this subsection, a plan for a State dam safety
program shall be submitted to the Director for approval.
‘‘(B) APPROVAL.—A State dam safety program shall
be deemed to be approved 120 days after the date of receipt
by the Director unless the Director determines within the
120-day period that the State dam safety program fails
to meet the requirements of paragraphs (1) through (3).
‘‘(C) NOTIFICATION OF DISAPPROVAL.—If the Director
determines that a State dam safety program does not meet
the requirements for approval, the Director shall immediately notify the State in writing and provide the reasons
for the determination and the changes that are necessary
for the plan to be approved.
‘‘(6) REVIEW OF STATE DAM SAFETY PROGRAMS.—Using the
expertise of the Board, the Director shall periodically review
State dam safety programs. If the Board finds that a State
dam safety program has proven inadequate to reasonably protect human life and property and the Director concurs, the
Director shall revoke approval of the State dam safety program,
and withhold assistance under this subsection, until the State
dam safety program again meets the requirements for approval.
‘‘(g) DAM SAFETY TRAINING.—At the request of any State that
has or intends to develop a State dam safety program, the Director
shall provide training for State dam safety staff and inspectors.
‘‘(h) BOARD.—
‘‘(1) ESTABLISHMENT.—The Director may establish an
advisory board to be known as the ‘National Dam Safety Review
Board’ to monitor State implementation of this section.
‘‘(2) AUTHORITY.—The Board may use the expertise of Federal agencies and enter into contracts for necessary studies
to carry out this section.
‘‘(3) MEMBERSHIP.—The Board shall consist of 11 members
selected by the Director for expertise in dam safety, of whom—
‘‘(A) 1 member shall represent the Department of Agriculture;
‘‘(B) 1 member shall represent the Department of
Defense;

Contracts.

110 STAT. 3692

PUBLIC LAW 104–303—OCT. 12, 1996
‘‘(C) 1 member shall represent the Department of the
Interior;
‘‘(D) 1 member shall represent FEMA;
‘‘(E) 1 member shall represent the Federal Energy
Regulatory Commission;
‘‘(F) 5 members shall be selected by the Director from
among dam safety officials of States; and
‘‘(G) 1 member shall be selected by the Director to
represent the United States Committee on Large Dams.
‘‘(4) COMPENSATION OF MEMBERS.—
‘‘(A) FEDERAL EMPLOYEES.—Each member of the Board
who is an officer or employee of the United States shall
serve without compensation in addition to compensation
received for the services of the member as an officer or
employee of the United States.
‘‘(B) OTHER MEMBERS.—Each member of the Board who
is not an officer or employee of the United States shall
serve without compensation.
‘‘(5) TRAVEL EXPENSES.—Each member of the Board shall
be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under
subchapter I of chapter 57 of title 5, United States Code,
while away from the home or regular place of business of
the member in the performance of services for the Board.
‘‘(6) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—
The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Board.

33 USC 467g.

‘‘SEC. 9. RESEARCH.

‘‘(a) IN GENERAL.—The Director, in cooperation with ICODS,
shall carry out a program of technical and archival research to
develop—
‘‘(1) improved techniques, historical experience, and equipment for rapid and effective dam construction, rehabilitation,
and inspection; and
‘‘(2) devices for the continued monitoring of the safety of
dams.
‘‘(b) CONSULTATION.—The Director shall provide for State
participation in research under subsection (a) and periodically
advise all States and Congress of the results of the research.
33 USC 467h.

‘‘SEC. 10. REPORTS.

‘‘(a) REPORT ON DAM INSURANCE.—Not later than 180 days
after the date of the enactment of this subsection, the Director
shall report to Congress on the availability of dam insurance and
make recommendations concerning encouraging greater availability.
‘‘(b) BIENNIAL REPORTS.—Not later than 90 days after the end
of each odd-numbered fiscal year, the Director shall submit a report
to Congress that—
‘‘(1) describes the status of the Program;
‘‘(2) describes the progress achieved by Federal agencies
during the 2 preceding fiscal years in implementing the Federal
Guidelines for Dam Safety;
‘‘(3) describes the progress achieved in dam safety by States
participating in the Program; and
‘‘(4) includes any recommendations for legislative and other
action that the Director considers necessary.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3693

‘‘SEC. 11. STATUTORY CONSTRUCTION.

33 USC 467i.

‘‘Nothing in this Act and no action or failure to act under
this Act shall—
‘‘(1) create any liability in the United States or its officers
or employees for the recovery of damages caused by such action
or failure to act;
‘‘(2) relieve an owner or operator of a dam of the legal
duties, obligations, or liabilities incident to the ownership or
operation of the dam; or
‘‘(3) preempt any other Federal or State law.
‘‘SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) NATIONAL DAM SAFETY PROGRAM.—
‘‘(1) ANNUAL AMOUNTS.—There are authorized to be appropriated to FEMA to carry out sections 7, 8, and 10 (in addition
to any amounts made available for similar purposes included
in any other Act and amounts made available under subsections
(b) through (e)), $1,000,000 for fiscal year 1998, $2,000,000
for fiscal year 1999, $4,000,000 for fiscal year 2000, $4,000,000
for fiscal year 2001, and $4,000,000 for fiscal year 2002.
‘‘(2) ALLOCATION.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), for each fiscal year, amounts made available under
this subsection to carry out section 8 shall be allocated
among the States as follows:
‘‘(i) One-third among States that qualify for assistance under section 8(f).
‘‘(ii) Two-thirds among States that qualify for
assistance under section 8(f), to each such State in
proportion to—
‘‘(I) the number of dams in the State that
are listed as State-regulated dams on the inventory
of dams maintained under section 6; as compared
to
‘‘(II) the number of dams in all States that
are listed as State-regulated dams on the inventory
of dams maintained under section 6.
‘‘(B) MAXIMUM AMOUNT OF ALLOCATION.—The amount
of funds allocated to a State under this paragraph may
not exceed 50 percent of the reasonable cost of implementing the State dam safety program.
‘‘(C) DETERMINATION.—The Director and the Board
shall determine the amount allocated to States needing
primary assistance and States needing advanced assistance
under section 8(f).
‘‘(b) NATIONAL DAM INVENTORY.—There is authorized to be
appropriated to carry out section 6 $500,000 for each fiscal year.
‘‘(c) DAM SAFETY TRAINING.—There is authorized to be appropriated to carry out section 8(g) $500,000 for each of fiscal years
1998 through 2002.
‘‘(d) RESEARCH.—There is authorized to be appropriated to carry
out section 9 $1,000,000 for each of fiscal years 1998 through
2002.
‘‘(e) STAFF.—There is authorized to be appropriated to FEMA
for the employment of such additional staff personnel as are necessary to carry out sections 6 through 9 $400,000 for each of
fiscal years 1998 through 2002.

33 USC 467j.

110 STAT. 3694

PUBLIC LAW 104–303—OCT. 12, 1996

‘‘(f) LIMITATION ON USE OF AMOUNTS.—Amounts made available
under this Act may not be used to construct or repair any Federal
or non-Federal dam.’’.
(d) CONFORMING AMENDMENT.—Section 3(2) of the Indian Dams
Safety Act of 1994 (25 U.S.C. 3802(2); 108 Stat. 1560) is amended
by striking ‘‘the first section of Public Law 92–367 (33 U.S.C.
467)’’ and inserting ‘‘section 2 of the National Dam Safety Program
Act’’.
33 USC 2321a.

SEC. 216. HYDROELECTRIC POWER PROJECT UPRATING.

(a) IN GENERAL.—In carrying out the maintenance, rehabilitation, and modernization of a hydroelectric power generating facility
at a water resources project under the jurisdiction of the Department of the Army, the Secretary may take, to the extent funds
are made available in appropriations Acts, such actions as are
necessary to increase the efficiency of energy production or the
capacity of the facility, or both, if, after consulting with the heads
of other appropriate Federal and State agencies, the Secretary
determines that the increase—
(1) is economically justified and financially feasible;
(2) will not result in any significant adverse effect on
the other purposes for which the project is authorized;
(3) will not result in significant adverse environmental
impacts;
(4) will not involve major structural or operational changes
in the project; and
(5) will not adversely affect the use, management, or protection of existing Federal, State, or tribal water rights.
(b) CONSULTATION.—Before proceeding with the proposed
uprating under subsection (a), the Secretary shall provide affected
State, tribal, and Federal agencies with a copy of the proposed
determinations under subsection (a). If the agencies submit comments, the Secretary shall accept those comments or respond in
writing to any objections those agencies raise to the proposed determinations.
(c) EFFECT ON OTHER AUTHORITY.—This section shall not affect
the authority of the Secretary and the Administrator of the Bonneville Power Administration under section 2406 of the Energy Policy
Act of 1992 (16 U.S.C. 839d–1; 106 Stat. 3099).
33 USC 2326a.

SEC. 217. DREDGED MATERIAL DISPOSAL FACILITY PARTNERSHIPS.

(a) ADDITIONAL CAPACITY.—
(1) PROVIDED BY SECRETARY.—At the request of a nonFederal interest with respect to a project, the Secretary may
provide additional capacity at a dredged material disposal facility constructed by the Secretary beyond the capacity that would
be required for project purposes if the non-Federal interest
agrees to pay, during the period of construction, all costs associated with the construction of the additional capacity.
(2) COST RECOVERY AUTHORITY.—The non-Federal interest
may recover the costs assigned to the additional capacity
through fees assessed on third parties whose dredged material
is deposited at the facility and who enter into agreements
with the non-Federal interest for the use of the facility. The
amount of such fees may be determined by the non-Federal
interest.
(b) NON-FEDERAL USE OF DISPOSAL FACILITIES.—
(1) IN GENERAL.—The Secretary—

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3695

(A) may permit the use of any dredged material disposal facility under the jurisdiction of, or managed by,
the Secretary by a non-Federal interest if the Secretary
determines that such use will not reduce the availability
of the facility for project purposes; and
(B) may impose fees to recover capital, operation, and
maintenance costs associated with such use.
(2) USE OF FEES.—Notwithstanding section 401(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1341(c)) but
subject to advance appropriations, any monies received through
collection of fees under this subsection shall be available to
the Secretary, and shall be used by the Secretary, for the
operation and maintenance of the disposal facility from which
the fees were collected.
(c) PUBLIC-PRIVATE PARTNERSHIPS.—
(1) IN GENERAL.—The Secretary may carry out a program
to evaluate and implement opportunities for public-private partnerships in the design, construction, management, or operation
of dredged material disposal facilities in connection with
construction or maintenance of Federal navigation projects.
If a non-Federal interest is a sponsor of the project, the Secretary shall consult with the non-Federal interest in carrying
out the program with respect to the project.
(2) PRIVATE FINANCING.—
(A) AGREEMENTS.—In carrying out this subsection, the
Secretary may enter into an agreement with a non-Federal
interest with respect to a project, a private entity, or both
for the acquisition, design, construction, management, or
operation of a dredged material disposal facility (including
any facility used to demonstrate potential beneficial uses
of dredged material) using funds provided in whole or
in part by the private entity.
(B) REIMBURSEMENT.—If any funds provided by a private entity are used to carry out a project under this
subsection, the Secretary may reimburse the private entity
over a period of time agreed to by the parties to the
agreement through the payment of subsequent user fees.
Such fees may include the payment of a disposal or tipping
fee for placement of suitable dredged material at the facility.
(C) AMOUNT OF FEES.—User fees paid pursuant to
subparagraph (B) shall be sufficient to repay funds contributed by the private entity plus a reasonable return on
investment approved by the Secretary in cooperation with
the non-Federal interest with respect to the project and
the private entity.
(D) FEDERAL SHARE.—The Federal share of such fees
shall be equal to the percentage of the total cost that
would otherwise be borne by the Federal Government as
required pursuant to existing cost-sharing requirements,
including section 103 of the Water Resources Development
Act of 1986 (33 U.S.C. 2213) and section 204 of the Water
Resources Development Act of 1992 (33 U.S.C. 2325).
(E) BUDGET ACT COMPLIANCE.—Any spending authority
(as defined in section 401(c)(2) of the Congressional Budget
Act of 1974 (2 U.S.C. 651(c)(2))) authorized by this section

110 STAT. 3696

PUBLIC LAW 104–303—OCT. 12, 1996
shall be effective only to such extent and in such amounts
as are provided in appropriation Acts.

SEC. 218. OBSTRUCTION REMOVAL REQUIREMENT.

33 USC 411, 412.

(a) PENALTY.—Section 16 of the Act entitled ‘‘An Act making
appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes’’,
approved March 3, 1899 (33 U.S.C. 411; 30 Stat. 1153), is amended—
(1) by striking ‘‘thirteen, fourteen, and fifteen’’ each place
it appears and inserting ‘‘13, 14, 15, 19, and 20’’; and
(2) by striking ‘‘not exceeding twenty-five hundred dollars
nor less than five hundred dollars’’ and inserting ‘‘of up to
$25,000 per day’’.
(b) GENERAL AUTHORITY.—Section 20 of such Act (33 U.S.C.
415) is amended—
(1) in subsection (a) by striking ‘‘expense’’ the 1st place
it appears and inserting ‘‘actual expense, including administrative expenses,’’;
(2) in subsection (b) by striking ‘‘cost’’ and inserting ‘‘actual
cost, including administrative costs,’’;
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following:
‘‘(b) REMOVAL REQUIREMENT.—Not later than 24 hours after
the Secretary of the Department in which the Coast Guard is
operating issues an order to stop or delay navigation in any navigable waters of the United States because of conditions related
to the sinking or grounding of a vessel, the owner or operator
of the vessel, with the approval of the Secretary of the Army,
shall begin removal of the vessel using the most expeditious removal
method available or, if appropriate, secure the vessel pending
removal to allow navigation to resume. If the owner or operator
fails to begin removal or to secure the vessel pending removal
or fails to complete removal on an expedited basis, the Secretary
of the Army shall remove or destroy the vessel using the summary
removal procedures under subsection (a).’’.
SEC. 219. SMALL PROJECT AUTHORIZATIONS.

Section 14 of the Act entitled ‘‘An Act authorizing the construction, repair, and preservation of certain public works on rivers
and harbors, and for other purposes’’, approved July 24, 1946 (33
U.S.C. 701r), is amended—
(1) by striking ‘‘$12,500,000’’ and inserting ‘‘$15,000,000’’;
and
(2) by striking ‘‘$500,000’’ and inserting ‘‘$1,000,000’’.
SEC. 220. UNECONOMICAL COST-SHARING REQUIREMENTS.

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

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3697

SEC. 221. PLANNING ASSISTANCE TO STATES.

Section 22 of the Water Resources Development Act of 1974
(42 U.S.C. 1962d–16) is amended—
(1) in subsection (a) by inserting ‘‘, watersheds, or
ecosystems’’ after ‘‘basins’’;
(2) in subsection (b)—
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
(3) in subsection (c)—
(A)
by
striking
‘‘$6,000,000’’
and
inserting
‘‘$10,000,000’’; and
(B) by striking ‘‘$300,000’’ and inserting ‘‘$500,000’’.
SEC. 222. CORPS OF ENGINEERS EXPENSES.

Section 211 of the Flood Control Act of 1950 (33 U.S.C. 701u;
64 Stat. 183) is amended—
(1) by striking ‘‘continental limits of the’’; and
(2) by striking the 2d colon and all that follows through
‘‘for this purpose’’.
SEC. 223. STATE AND FEDERAL AGENCY REVIEW PERIOD.

Paragraph (a) of the 1st section of the Act entitled ‘‘An Act
authorizing the construction of certain public works on rivers and
harbors for flood control, and other purposes’’, approved December
22, 1944 (33 U.S.C. 701–1(a); 58 Stat. 888), is amended—
(1) by striking ‘‘Within ninety’’ and inserting ‘‘Within 30’’;
and
(2) by striking ‘‘ninety-day period.’’ and inserting ‘‘30-day
period.’’.
SEC. 224. SECTION 215 REIMBURSEMENT LIMITATION PER PROJECT.

(a) IN GENERAL.—The last sentence of section 215(a) of the
Flood Control Act of 1968 (42 U.S.C. 1962d–5a(a)) is amended—
(1) by striking ‘‘$3,000,000’’ and inserting ‘‘$5,000,000’’; and
(2) by striking the final period.
(b) MODIFICATION OF REIMBURSEMENT LIMITATION FOR SAN
ANTONIO RIVER AUTHORITY.—Notwithstanding the last sentence of
section 215(a) of the Flood Control Act of 1968 (42 U.S.C. 1962d–
5a(a)) and the agreement executed on November 7, 1992, by the
Secretary and the San Antonio River Authority, Texas, the Secretary shall reimburse the Authority an amount not to exceed
a total of $5,000,000 for the work carried out by the Authority
under the agreement, including any amounts paid to the Authority
under the terms of the agreement before the date of the enactment
of this Act.
SEC. 225. MELALEUCA.

Section 104(a) of the River and Harbor Act of 1958 (33 U.S.C.
610(a)) is amended by inserting ‘‘melaleuca,’’ after ‘‘milfoil,’’.
SEC. 226. SEDIMENTS DECONTAMINATION TECHNOLOGY.

(a) PROJECT PURPOSE.—Section 405(a) of the Water Resources
Development Act of 1992 (33 U.S.C. 2239 note; 106 Stat. 4863)
is amended by adding at the end the following:
‘‘(3) PROJECT PURPOSE.—The purpose of the project to be
carried out under this section is to provide for the development
of 1 or more sediment decontamination technologies on a pilot

110 STAT. 3698

33 USC 2239
note.

PUBLIC LAW 104–303—OCT. 12, 1996

scale demonstrating a capacity of at least 500,000 cubic yards
per year.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—The 1st sentence of
section 405(c) of such Act is amended to read as follows: ‘‘There
is authorized to be appropriated to carry out this section
$10,000,000.’’.
(c) REPORTS.—Section 405 of such Act is amended by adding
at the end the following:
‘‘(d) REPORTS.—Not later than September 30, 1998, and periodically thereafter, the Administrator and the Secretary shall transmit
to Congress a report on the results of the project to be carried
out under this section, including an assessment of the progress
made in achieving the purpose of the project set forth in subsection
(a)(3).’’.
SEC. 227. SHORE PROTECTION.

Reports.

(a) DECLARATION OF POLICY.—Subsection (a) of the 1st section
of the Act entitled ‘‘An Act authorizing Federal participation in
the cost of protecting the shores of publicly owned property’’,
approved August 13, 1946 (33 U.S.C. 426e), is amended—
(1) by striking ‘‘damage to the shores’’ and inserting ‘‘damage to the shores and beaches’’; and
(2) by striking ‘‘the following provisions’’ and all that follows
through the period at the end of such subsection and inserting
the following: ‘‘this Act, to promote shore protection projects
and related research that encourage the protection, restoration,
and enhancement of sandy beaches, including beach restoration
and periodic beach nourishment, on a comprehensive and
coordinated basis by the Federal Government, States, localities,
and private enterprises. In carrying out this policy, preference
shall be given to areas in which there has been a Federal
investment of funds and areas with respect to which the need
for prevention or mitigation of damage to shores and beaches
is attributable to Federal navigation projects or other Federal
activities.’’.
(b) AUTHORIZATION OF PROJECTS.—Subsection (e) of such section
is amended—
(1) by striking ‘‘(e) No’’ and inserting the following:
‘‘(e) AUTHORIZATION OF PROJECTS.—
‘‘(1) IN GENERAL.—No’’;
(2) by moving the remainder of the text of paragraph
(1) (as designated by paragraph (1) of this subsection) 2 ems
to the right; and
(3) by adding at the end the following:
‘‘(2) STUDIES.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) recommend to Congress studies concerning
shore protection projects that meet the criteria established under this Act (including subparagraph (B)(iii))
and other applicable law;
‘‘(ii) conduct such studies as Congress requires
under applicable laws; and
‘‘(iii) report the results of the studies to the
Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.

PUBLIC LAW 104–303—OCT. 12, 1996
‘‘(B)

RECOMMENDATIONS

FOR

SHORE

110 STAT. 3699
PROTECTION

PROJECTS.—

‘‘(i) IN GENERAL.—The Secretary shall recommend
to Congress the authorization or reauthorization of
shore protection projects based on the studies conducted under subparagraph (A).
‘‘(ii) CONSIDERATIONS.—In making recommendations, the Secretary shall consider the economic and
ecological benefits of the shore protection project.
‘‘(C) COORDINATION OF PROJECTS.—In conducting
studies and making recommendations for a shore protection
project under this paragraph, the Secretary shall—
‘‘(i) determine whether there is any other project
being carried out by the Secretary or the head of
another Federal agency that may be complementary
to the shore protection project; and
‘‘(ii) if there is such a complementary project,
describe the efforts that will be made to coordinate
the projects.
‘‘(3) SHORE PROTECTION PROJECTS.—
‘‘(A) IN GENERAL.—The Secretary shall construct, or
cause to be constructed, any shore protection project
authorized by Congress, or separable element of such a
project, for which funds have been appropriated by Congress.
‘‘(B) AGREEMENTS.—
‘‘(i) REQUIREMENT.—After authorization by Congress, and before commencement of construction, of
a shore protection project or separable element, the
Secretary shall enter into a written agreement with
a non-Federal interest with respect to the project or
separable element.
‘‘(ii) TERMS.—The agreement shall—
‘‘(I) specify the life of the project; and
‘‘(II) ensure that the Federal Government and
the non-Federal interest will cooperate in carrying
out the project or separable element.
‘‘(C) COORDINATION OF PROJECTS.—In constructing a
shore protection project or separable element under this
paragraph, the Secretary shall, to the extent practicable,
coordinate the project or element with any complementary
project identified under paragraph (2)(C).’’.
(c) REQUIREMENT OF AGREEMENTS PRIOR TO REIMBURSEMENTS.—
(1) SMALL SHORE PROTECTION PROJECTS.—Section 2 of the
Act entitled ‘‘An Act authorizing Federal participation in the
cost of protecting the shores of publicly owned property’’,
approved August 13, 1946 (33 U.S.C. 426f), is amended—
(A) by striking ‘‘SEC. 2. The Secretary of the Army’’
and inserting the following:
‘‘SEC. 2. REIMBURSEMENTS.

‘‘(a) IN GENERAL.—The Secretary’’;
(B) in subsection (a) (as designated by subparagraph
(A) of this paragraph)—
(i) by striking ‘‘local interests’’ and inserting ‘‘nonFederal interests’’;

110 STAT. 3700

PUBLIC LAW 104–303—OCT. 12, 1996

(ii) by inserting ‘‘or separable element of the
project’’ after ‘‘project’’; and
(iii) by inserting ‘‘or separable elements’’ after
‘‘projects’’ each place it appears; and
(C) by adding at the end the following:
‘‘(b) AGREEMENTS.—
‘‘(1) REQUIREMENT.—After authorization of reimbursement
by the Secretary under this section, and before commencement
of construction, of a shore protection project, the Secretary
shall enter into a written agreement with the non-Federal
interest with respect to the project or separable element.
‘‘(2) TERMS.—The agreement shall—
‘‘(A) specify the life of the project; and
‘‘(B) ensure that the Federal Government and the nonFederal interest will cooperate in carrying out the project
or separable element.’’.
(2) OTHER SHORELINE PROTECTION PROJECTS.—Section
206(e)(1)(A) of the Water Resources Development Act of 1992
(33 U.S.C. 426i–1(e)(1)(A); 106 Stat. 4829) is amended by inserting before the semicolon the following: ‘‘and enters into a written agreement with the non-Federal interest with respect to
the project or separable element (including the terms of cooperation)’’.
(d) STATE AND REGIONAL PLANS.—The Act entitled ‘‘An Act
authorizing Federal participation in the cost of protecting the shores
of publicly owned property’’, approved August 13, 1946, is amended—
(1) by redesignating section 4 (33 U.S.C. 426h) as section
5; and
(2) by inserting after section 3 (33 U.S.C. 426g) the following:
33 USC 426g–1.

33 USC 426h.

‘‘SEC. 4. STATE AND REGIONAL PLANS.

‘‘The Secretary may—
‘‘(1) cooperate with any State in the preparation of a comprehensive State or regional plan for the conservation of coastal
resources located within the boundaries of the State;
‘‘(2) encourage State participation in the implementation
of the plan; and
‘‘(3) submit to Congress reports and recommendations with
respect to appropriate Federal participation in carrying out
the plan.’’.
(e) NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND
DEMONSTRATION PROGRAM AND DEFINITIONS.—
(1) IN GENERAL.—The Act entitled ‘‘An Act authorizing
Federal participation in the cost of protecting the shores of
publicly owned property’’, approved August 13, 1946 (33 U.S.C.
426e et seq.), is amended by striking section 5 (as redesignated
by subsection (d)(1) of this section) and inserting the following:
‘‘SEC. 5. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT
AND DEMONSTRATION PROGRAM.

‘‘(a) ESTABLISHMENT OF EROSION CONTROL PROGRAM.—The Secretary shall establish and conduct a national shoreline erosion
control development and demonstration program for a period of
6 years beginning on the date that funds are made available to
carry out this section.
‘‘(b) REQUIREMENTS.—

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3701

‘‘(1) IN GENERAL.—The erosion control program shall
include provisions for—
‘‘(A) projects consisting of planning, designing, and constructing prototype engineered and vegetative shoreline
erosion control devices and methods during the first 3
years of the erosion control program;
‘‘(B) adequate monitoring of the prototypes throughout
the duration of the erosion control program;
‘‘(C) detailed engineering and environmental reports
on the results of each demonstration project carried out
under the erosion control program; and
‘‘(D) technology transfers to private property owners
and State and local entities.
‘‘(2) EMPHASIS.—The projects carried out under the erosion
control program shall emphasize, to the extent practicable—
‘‘(A) the development and demonstration of innovative
technologies;
‘‘(B) efficient designs to prevent erosion at a shoreline
site, taking into account the life-cycle cost of the design,
including cleanup, maintenance, and amortization;
‘‘(C) natural designs, including the use of vegetation
or temporary structures that minimize permanent structural alterations;
‘‘(D) the avoidance of negative impacts to adjacent
shorefront communities;
‘‘(E) in areas with substantial residential or commercial
interests adjacent to the shoreline, designs that do not
impair the aesthetic appeal of the interests;
‘‘(F) the potential for long-term protection afforded by
the technology; and
‘‘(G) recommendations developed from evaluations of
the original 1974 program established under the Shoreline
Erosion Control Demonstration Act of 1974 (42 U.S.C.
1962d–5 note; 88 Stat. 26), including—
‘‘(i) adequate consideration of the subgrade;
‘‘(ii) proper filtration;
‘‘(iii) durable components;
‘‘(iv) adequate connection between units; and
‘‘(v) consideration of additional relevant information.
‘‘(3) SITES.—
‘‘(A) IN GENERAL.—Each project under the erosion control program shall be carried out at a privately owned
site with substantial public access, or a publicly owned
site, on open coast or on tidal waters.
‘‘(B) SELECTION.—The Secretary shall develop criteria
for the selection of sites for the projects, including—
‘‘(i) a variety of geographical and climatic conditions;
‘‘(ii) the size of the population that is dependent
on the beaches for recreation, protection of homes,
or commercial interests;
‘‘(iii) the rate of erosion;
‘‘(iv) significant natural resources or habitats and
environmentally sensitive areas; and
‘‘(v) significant threatened historic structures or
landmarks.

110 STAT. 3702

PUBLIC LAW 104–303—OCT. 12, 1996

‘‘(C) AREAS.—Projects under the erosion control program shall be carried out at not fewer than—
‘‘(i) 2 sites on each of the shorelines of the Atlantic
and Pacific coasts;
‘‘(ii) 2 sites on the shoreline of the Great Lakes;
and
‘‘(iii) 1 site on the shoreline of the Gulf of Mexico.
‘‘(4) DETERMINATION OF FEASIBILITY.—Implementation of
a project under this section is contingent upon a determination
by the Secretary that such project is feasible.
‘‘(c) CONSULTATION.—
‘‘(1) PARTIES.—The Secretary shall carry out the erosion
control program in consultation with—
‘‘(A) the Secretary of Agriculture, particularly with
respect to vegetative means of preventing and controlling
shoreline erosion;
‘‘(B) Federal, State, and local agencies;
‘‘(C) private organizations;
‘‘(D) the Coastal Engineering Research Center established under the 1st section of the Act entitled ‘An Act
to make certain changes in the functions of the Beach
Erosion Board and the Board of Engineers for Rivers and
Harbors, and for other purposes’, approved November 7,
1963 (33 U.S.C. 426–1); and
‘‘(E) university research facilities.
‘‘(2) AGREEMENTS.—The consultation described in paragraph (1) may include entering into agreements with other
Federal, State, or local agencies or private organizations to
carry out functions described in subsection (b)(1) when appropriate.
‘‘(d) REPORT.—Not later than 60 days after the conclusion of
the erosion control program, the Secretary shall prepare and submit
an erosion control program final report to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives. The report shall include a comprehensive evaluation of the
erosion control program and recommendations regarding the
continuation of the erosion control program.
‘‘(e) FUNDING.—
‘‘(1) RESPONSIBILITY.—The cost of and responsibility for
operation and maintenance (excluding monitoring) of a demonstration project under the erosion control program shall be
borne by non-Federal interests on completion of construction
of the demonstration project.
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $21,000,000 to carry out this section.
33 USC 426h–1.

‘‘SEC. 6. DEFINITIONS.

‘‘In this Act, the following definitions apply:
‘‘(1) EROSION CONTROL PROGRAM.—The term ‘erosion control
program’ means the national shoreline erosion control development and demonstration program established under this section.
‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary
of the Army.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3703

‘‘(3) SEPARABLE ELEMENT.—The term ‘separable element’
has the meaning provided by section 103(f) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(f)).
‘‘(4) SHORE.—The term ‘shore’ includes each shoreline of
the Atlantic and Pacific Oceans, the Gulf of Mexico, the Great
Lakes, and lakes, estuaries, and bays directly connected therewith.
‘‘(5) SHORE PROTECTION PROJECT.—The term ‘shore protection project’ includes a project for beach nourishment, including
the replacement of sand.’’.
(2) CONFORMING AMENDMENTS.—The Act entitled ‘‘An Act
authorizing Federal participation in the cost of protecting the
shores of publicly owned property’’, approved August 13, 1946,
is amended—
(A) in subsection (b)(3) of the 1st section (33 U.S.C.
426e(b)(3))—
(i) by striking ‘‘of the Army, acting through the
Chief of Engineers,’’; and
(ii) by striking the final period;
(B) in subsection (e) of the 1st section by striking
‘‘section 3’’ and inserting ‘‘section 3 or 5’’; and
(C) in section 3 (33 U.S.C. 426g) by striking ‘‘Secretary
of the Army’’ and inserting ‘‘Secretary’’.
(f) OBJECTIVES OF PROJECTS.—Section 209 of the Flood Control
Act of 1970 (42 U.S.C. 1962–2; 84 Stat. 1829) is amended by
inserting ‘‘(including shore protection projects such as projects for
beach nourishment, including the replacement of sand)’’ after ‘‘water
resource projects’’.
SEC. 228. CONDITIONS FOR PROJECT DEAUTHORIZATIONS.

(a) IN GENERAL.—Section 1001(b)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)(2); 100 Stat. 4201)
is amended—
(1) in the 1st sentence by striking ‘‘10’’ and inserting ‘‘7’’;
(2) in the 2d sentence by striking ‘‘Before’’ and inserting
‘‘Upon’’; and
(3) in the last sentence by inserting ‘‘the planning, design,
or’’ before ‘‘construction’’.
(b) CONFORMING AMENDMENTS.—Section 52 of the Water
Resources Development Act of 1988 (102 Stat. 4044) is amended—
(1) by striking subsection (a) (33 U.S.C. 579a note);
(2) by redesignating subsections (b) through (e) as subsections (a) through (d), respectively; and
(3) in subsection (d) (as so redesignated) by striking ‘‘or
subsection (a) of this section’’.
SEC. 229. SUPPORT OF ARMY CIVIL WORKS PROGRAM.

(a) GENERAL AUTHORITY.—In carrying out research and development in support of the civil works program of the Department
of the Army, the Secretary may utilize contracts, cooperative
research and development agreements, cooperative agreements, and
grants with non-Federal entities, including State and local governments, colleges and universities, consortia, professional and technical societies, public and private scientific and technical foundations, research institutions, educational organizations, and nonprofit
organizations.
(b) COMMERCIAL APPLICATION.—With respect to contracts for
research and development, the Secretary may include requirements

33 USC 2313b.

110 STAT. 3704

PUBLIC LAW 104–303—OCT. 12, 1996

that have potential commercial application and may use such potential application as an evaluation factor where appropriate.
33 USC 2284a.

SEC. 230. BENEFITS TO NAVIGATION.

In evaluating potential improvements to navigation and the
maintenance of navigation projects, the Secretary shall consider,
and include for purposes of project justification, economic benefits
generated by cruise ships as commercial navigation benefits.
SEC. 231. LOSS OF LIFE PREVENTION.

Section 904 of the Water Resources Development Act of 1986
(33 U.S.C. 2281; 100 Stat. 4185) is amended by inserting ‘‘and
information regarding potential loss of human life that may be
associated with flooding and coastal storm events,’’ after
‘‘unquantifiable,’’.
33 USC 2284b.

SEC. 232. SCENIC AND AESTHETIC CONSIDERATIONS.

In conducting studies of potential water resources projects,
the Secretary shall consider measures to preserve and enhance
scenic and aesthetic qualities in the vicinity of such projects.
SEC. 233. TERMINATION OF TECHNICAL ADVISORY COMMITTEE.

Section 310 of the Water Resources Development Act of 1990
(33 U.S.C. 2319; 104 Stat. 4639) is amended—
(1) by striking subsection (a); and
(2) in subsection (b)—
(A) by striking ‘‘(b) PUBLIC PARTICIPATION.—’’; and
(B) by striking ‘‘subsection’’ each place it appears and
inserting ‘‘section’’.
33 USC 2323a.

SEC. 234. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

(a) IN GENERAL.—The Secretary may engage in activities in
support of other Federal agencies or international organizations
to address problems of national significance to the United States.
(b) CONSULTATION.—The Secretary may engage in activities
in support of international organizations only after consulting with
the Secretary of State.
(c) USE OF CORPS’ EXPERTISE.—The Secretary may use the
technical and managerial expertise of the Corps of Engineers to
address domestic and international problems related to water
resources, infrastructure development, and environmental protection.
(d) FUNDING.—There is authorized to be appropriated
$1,000,000 to carry out this section. The Secretary may accept
and expend additional funds from other Federal agencies or international organizations to carry this section.
33 USC 2201
note.

SEC. 235. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODis the sense of Congress that, to the greatest extent
practicable, all equipment and products purchased with funds made
available under this Act should be American-made.
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance under this Act, the Secretary, to the greatest extent
practicable, shall provide to each recipient of the assistance a notice
describing the statement made in subsection (a).
UCTS.—It

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3705

SEC. 236. TECHNICAL CORRECTIONS.

(a) CONTRIBUTIONS FOR ENVIRONMENTAL AND RECREATION
PROJECTS.—Section 203(b) of the Water Resources Development
Act of 1992 (33 U.S.C. 2325(b); 106 Stat. 4826) is amended by
striking ‘‘(8662)’’ and inserting ‘‘(8862)’’.
(b) CHALLENGE COST-SHARING PROGRAM.—The 2d sentence of
section 225(c) of such Act (33 U.S.C. 2328(c); 106 Stat. 4838) is
amended by striking ‘‘(8662)’’ and inserting ‘‘(8862)’’.
SEC. 237. HOPPER DREDGES.

Section 3 of the Act of August 11, 1888 (33 U.S.C. 622; 25
Stat. 423), is amended by adding at the end the following:
‘‘(c) PROGRAM TO INCREASE USE OF PRIVATE HOPPER
DREDGES.—
‘‘(1) INITIATION.—The Secretary shall initiate a program
to increase the use of private-industry hopper dredges for the
construction and maintenance of Federal navigation channels.
‘‘(2) READY RESERVE STATUS FOR HOPPER DREDGE
WHEELER.—In order to carry out this subsection, the Secretary
shall place the Federal hopper dredge Wheeler in a ready
reserve status not later than the earlier of 90 days after the
date of completion of the rehabilitation of the hopper dredge
McFarland pursuant to section 563 of the Water Resources
Development Act of 1996 or October 1, 1997.
‘‘(3) TESTING AND USE OF READY RESERVE HOPPER DREDGE.—
The Secretary may periodically perform routine tests of the
equipment of the vessel placed in a ready reserve status under
paragraph (2) to ensure the vessel’s ability to perform emergency work. The Secretary shall not assign any scheduled hopper dredging work to such vessel but shall perform any repairs
needed to maintain the vessel in a fully operational condition.
The Secretary may place the vessel in active status in order
to perform any dredging work only if the Secretary determines
that private industry has failed to submit a responsive and
responsible bid for work advertised by the Secretary or to
carry out the project as required pursuant to a contract with
the Secretary.
‘‘(4) REPAIR AND REHABILITATION.—The Secretary may
undertake any repair and rehabilitation of any Federal hopper
dredge, including the vessel placed in ready reserve status
under paragraph (2) to allow the vessel to be placed in active
status as provided in paragraph (3).
‘‘(5) PROCEDURES.—The Secretary shall develop and implement procedures to ensure that, to the maximum extent practicable, private industry hopper dredge capacity is available
to meet both routine and time-sensitive dredging needs. Such
procedures shall include—
‘‘(A) scheduling of contract solicitations to effectively
distribute dredging work throughout the dredging season;
and
‘‘(B) use of expedited contracting procedures to allow
dredges performing routine work to be made available to
meet time-sensitive, urgent, or emergency dredging needs.
‘‘(6) REPORT.—Not later than 2 years after the date of
the enactment of this subsection, the Secretary shall report
to Congress on whether the vessel placed in ready reserve
status under paragraph (2) is needed to be returned to active

110 STAT. 3706

PUBLIC LAW 104–303—OCT. 12, 1996
status or continued in a ready reserve status or whether
another Federal hopper dredge should be placed in a ready
reserve status.
‘‘(7) LIMITATIONS.—
‘‘(A) REDUCTIONS IN STATUS.—The Secretary may not
further reduce the readiness status of any Federal hopper
dredge below a ready reserve status except any vessel
placed in such status for not less than 5 years that the
Secretary determines has not been used sufficiently to justify retaining the vessel in such status.
‘‘(B) INCREASE IN ASSIGNMENTS OF DREDGING WORK.—
For each fiscal year beginning after the date of the enactment of this subsection, the Secretary shall not assign
any greater quantity of dredging work to any Federal hopper dredge in active status than was assigned to that
vessel in the average of the 3 prior fiscal years.
‘‘(C) REMAINING DREDGES.—In carrying out the program under this section, the Secretary shall not reduce
the availability and utilization of Federal hopper dredge
vessels stationed on the Pacific and Atlantic coasts below
that which occurred in fiscal year 1996 to meet the navigation dredging needs of the ports on those coasts.
‘‘(8) CONTRACTS; PAYMENT OF CAPITAL COSTS.—The Secretary may enter into a contract for the maintenance and
crewing of any Federal hopper dredge retained in a ready
reserve status. The capital costs (including depreciation costs)
of any dredge retained in such status shall be paid for out
of funds made available from the Harbor Maintenance Trust
Fund and shall not be charged against the Corps of Engineers’
Revolving Fund Account or any individual project cost unless
the dredge is specifically used in connection with that project.’’.

TITLE III—PROJECT-RELATED
PROVISIONS
SEC. 301. PROJECT MODIFICATIONS.

(a) PROJECTS WITH REPORTS.—
(1) SAN FRANCISCO RIVER AT CLIFTON, ARIZONA.—The project
for flood control, San Francisco River at Clifton, Arizona,
authorized by section 101(a)(3) of the Water Resources Development Act of 1990 (104 Stat. 4606), is modified to authorize
the Secretary to construct the project substantially in accordance with the report of the Corps of Engineers dated May
28, 1996, at a total cost of $21,100,000, with an estimated
Federal cost of $13,800,000 and an estimated non-Federal cost
of $7,300,000.
(2) OAKLAND HARBOR, CALIFORNIA.—The projects for navigation, Oakland Outer Harbor, California, and Oakland Inner
Harbor, California, authorized by section 202 of the Water
Resources Development Act of 1986 (100 Stat. 4092), are modified to direct the Secretary—
(A) to combine the 2 projects into 1 project, to be
designated as the Oakland Harbor, California, project; and
(B) to carry out the combined project substantially
in accordance with the plans and subject to the conditions
recommended in the report of the Corps of Engineers dated

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3707

July 15, 1994, at a total cost of $90,850,000, with an
estimated Federal cost of $59,150,000 and an estimated
non-Federal cost of $31,700,000.
The non-Federal share of project costs and any available credits
toward the non-Federal share shall be calculated on the basis
of the total cost of the combined project.
(3) SAN LUIS REY, CALIFORNIA.—The project for flood control
of the San Luis Rey River, California, authorized pursuant
to section 201 of the Flood Control Act of 1965 (42 U.S.C.
1962d–5; 79 Stat. 1073–1074), is modified to authorize the
Secretary to construct the project substantially in accordance
with the report of the Corps of Engineers dated May 23, 1996,
at a total cost of $81,600,000, with an estimated Federal cost
of $61,100,000 and an estimated non-Federal cost of
$20,500,000.
(4) POTOMAC RIVER, WASHINGTON, DISTRICT OF COLUMBIA.—
The project for flood control, Potomac River, Washington, District of Columbia, authorized by section 5 of the Act entitled
‘‘An Act authorizing the construction of certain public works
on rivers and harbors for flood control, and for other purposes’’,
approved June 22, 1936 (49 Stat. 1574), is modified to authorize
the Secretary to construct the project substantially in accordance with the General Design Memorandum dated May 1992
at a Federal cost of $1,800,000; except that a temporary closure
may be used instead of a permanent structure at 17th Street.
Operation and maintenance of the project shall be a Federal
responsibility.
(5) NORTH BRANCH OF CHICAGO RIVER, ILLINOIS.—The
project for flood control, North Branch of the Chicago River,
Illinois, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4115), is modified to authorize the Secretary—
(A) to carry out the project substantially in accordance
with the report of the Corps of Engineers dated May 26,
1994, at a total cost of $34,228,000, with an estimated
Federal cost of $20,905,000 and an estimated non-Federal
cost of $13,323,000; and
(B) to reimburse the city of Deerfield, Illinois, an
amount not to exceed $38,500 for a flood control study
financed by the city if the Secretary determines that the
study is necessary to address residual damages in areas
upstream of Reservoir 29A.
(6) HALSTEAD, KANSAS.—The project for flood control,
Halstead, Kansas, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4116), is modified
to authorize the Secretary to carry out the project substantially
in accordance with the report of the Corps of Engineers dated
March 19, 1993, at a total cost of $11,100,000, with an estimated Federal cost of $8,325,000 and an estimated non-Federal
cost of $2,775,000.
(7) CAPE GIRARDEAU, MISSOURI.—The project for flood control, Cape Girardeau, Jackson Metropolitan Area, Missouri,
authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4118–4119), is modified to authorize
the Secretary to construct the project substantially in accordance with the report of the Corps of Engineers dated July
18, 1994, including implementation of nonstructural measures,

110 STAT. 3708

PUBLIC LAW 104–303—OCT. 12, 1996
at a total cost of $45,414,000, with an estimated Federal cost
of $33,030,000 and an estimated non-Federal cost of
$12,384,000.
(8) MOLLY ANN’S BROOK, NEW JERSEY.—The project for flood
control, Molly Ann’s Brook, New Jersey, authorized by section
401(a) of the Water Resources Development Act of 1986 (100
Stat. 4119), is modified to authorize the Secretary to carry
out the project substantially in accordance with the report
of the Corps of Engineers dated April 3, 1996, at a total cost
of $40,100,000, with an estimated Federal cost of $22,600,000
and an estimated non-Federal cost of $17,500,000.
(9) RAMAPO RIVER AT OAKLAND, NEW JERSEY.—The project
for flood control, Ramapo River at Oakland, New Jersey, authorized by section 401(a) of the Water Resources Development
Act of 1986 (100 Stat. 4120), is modified to authorize the
Secretary to carry out the project substantially in accordance
with the report of the Corps of Engineers dated May 1994,
at a total cost of $11,300,000, with an estimated Federal cost
of $8,500,000 and an estimated non-Federal cost of $2,800,000.
(10) WILMINGTON HARBOR-NORTHEAST CAPE FEAR RIVER,
NORTH CAROLINA.—The project for navigation, Wilmington Harbor-Northeast Cape Fear River, North Carolina, authorized
by section 202(a) of the Water Resources Development Act
of 1986 (100 Stat. 4095), is modified to authorize the Secretary
to construct the project substantially in accordance with the
General Design Memorandum dated April 1990 and the General
Design Memorandum Supplement dated February 1994, at a
total cost of $52,041,000, with an estimated Federal cost of
$25,729,000 and an estimated non-Federal cost of $26,312,000.
(11) SAW MILL RUN, PENNSYLVANIA.—The project for flood
control, Saw Mill Run, Pittsburgh, Pennsylvania, authorized
by section 401(a) of the Water Resources Development Act
of 1986 (100 Stat. 4124), is modified to authorize the Secretary
to carry out the project substantially in accordance with the
report of the Corps of Engineers dated April 8, 1994, at a
total cost of $12,780,000, with an estimated Federal cost of
$9,585,000 and an estimated non-Federal cost of $3,195,000.
(12) SAN JUAN HARBOR, PUERTO RICO.—The project for
navigation, San Juan Harbor, Puerto Rico, authorized by section
202(a) of the Water Resources Development Act of 1986 (100
Stat. 4097), is modified to authorize the Secretary to deepen
the bar channel to depths varying from 49 feet to 56 feet
below mean low water with other modifications to authorized
interior channels as described in the General Reevaluation
Report and Environmental Assessment dated March 1994, at
a total cost of $45,085,000, with an estimated Federal cost
of $28,244,000 and an estimated non-Federal cost of
$16,841,000.
(13) INDIA POINT RAILROAD BRIDGE, SEEKONK RIVER, PROVIDENCE, RHODE ISLAND.—The project for navigation, India Point
Railroad Bridge, Seekonk River, Providence, Rhode Island,
authorized by section 1166(c) of the Water Resources Development Act of 1986 (100 Stat. 4258), is modified to authorize
the Secretary to construct the project substantially in accordance with the Post Authorization Change Report dated August
1994 at a total cost of $1,300,000, with an estimated Federal
cost of $650,000 and an estimated non-Federal cost of $650,000.

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110 STAT. 3709

(14) UPPER JORDAN RIVER, UTAH.—The project for flood
control, Upper Jordan River, Utah, authorized by section
101(a)(23) of the Water Resources Development Act of 1990
(104 Stat. 4610), is modified to authorize the Secretary to
carry out the project substantially in accordance with the General Design Memorandum for the project dated March 1994,
and the Post Authorization Change Report for the project dated
April 1994, at a total cost of $12,870,000, with an estimated
Federal cost of $8,580,000 and an estimated non-Federal cost
of $4,290,000.
(b) PROJECTS SUBJECT TO REPORTS.—The following projects are
modified as follows, except that no funds may be obligated to
carry out work under such modifications until completion of a
report by the Corps of Engineers finding that such work is technically sound, environmentally acceptable, and economic, as
applicable:
(1) ALAMO DAM, ARIZONA.—The project for flood control
and other purposes, Alamo Dam and Lake, Arizona, authorized
by section 10 of the Act entitled ‘‘An Act authorizing the
construction of certain public works on rivers and harbors
for flood control, and for other purposes’’, approved December
22, 1944 (58 Stat. 900), is modified to authorize the Secretary
to operate the Alamo Dam to provide fish and wildlife benefits
both upstream and downstream of the Dam. Such operation
shall not reduce flood control and recreation benefits provided
by the project.
(2) PHOENIX, ARIZONA.—The project for flood control and
water quality improvement, Phoenix, Arizona, authorized by
section 321 of the Water Resources Development Act of 1992
(106 Stat. 4848), is modified—
(A) to make ecosystem restoration a project purpose;
and
(B) to authorize the Secretary to construct the project
at a total cost of $17,500,000.
(3) GLENN-COLUSA, CALIFORNIA.—The project for flood control, Sacramento River, California, authorized by section 2 of
the Act entitled ‘‘An Act to provide for the control of the
floods of the Mississippi River and of the Sacramento River,
California, and for other purposes’’, approved March 1, 1917
(39 Stat. 949), and modified by section 102 of the Energy
and Water Development Appropriations Act, 1990 (103 Stat.
649), is further modified to authorize the Secretary to carry
out the portion of the project at Glenn-Colusa, California, at
a total cost of $14,200,000.
(4) TYBEE ISLAND, GEORGIA.—The project for beach erosion
control, Tybee Island, Georgia, authorized pursuant to section
201 of the Flood Control Act of 1968 (42 U.S.C. 1962d–5;
79 Stat. 1073–1074), is modified to include as an integral part
of the project the portion of Tybee Island located south of
the existing south terminal groin between 18th and 19th
Streets, including the east bank of Tybee Creek up to Horse
Pen Creek.
(5) COMITE RIVER, LOUISIANA.—The Comite River Diversion
project for flood control, authorized as part of the project for
flood control, Amite River and Tributaries, Louisiana, by section
101(11) of the Water Resources Development Act of 1992 (106
Stat. 4802–4803), is modified to authorize the Secretary to

110 STAT. 3710

PUBLIC LAW 104–303—OCT. 12, 1996
construct the project at a total cost of $121,600,000, with an
estimated Federal cost of $70,577,000 and an estimated nonFederal cost of $51,023,000.
(6) GRAND ISLE AND VICINITY, LOUISIANA.—The project for
hurricane damage prevention, flood control, and beach erosion
along Grand Isle and Vicinity, Louisiana, authorized by section
204 of the Flood Control Act of 1965 (79 Stat. 1077), is modified
to authorize the Secretary to construct a permanent breakwater
and levee system at a total cost of $17,000,000.
(7) RED RIVER WATERWAY, LOUISIANA.—The project for mitigation of fish and wildlife losses, Red River Waterway,
Louisiana, authorized by section 601(a) of the Water Resources
Development Act of 1986 (100 Stat. 4142) and modified by
section 102(p) of the Water Resources Development Act of 1990
(104 Stat. 4613), is further modified—
(A) to authorize the Secretary to carry out the project
at a total cost of $10,500,000; and
(B) to provide that lands that are purchased adjacent
to the Loggy Bayou Wildlife Management Area may be
located in Caddo Parish or Red River Parish.
(8) RED RIVER WATERWAY, MISSISSIPPI RIVER TO SHREVEPORT, LOUISIANA.—The project for navigation, Red River Waterway, Mississippi River to Shreveport, Louisiana, authorized
by section 101 of the River and Harbor Act of 1968 (82 Stat.
731), is modified to require the Secretary to dredge and perform
other related work as required to reestablish and maintain
access to, and the environmental value of, the bendway channels designated for preservation in project documentation prepared before the date of the enactment of this Act. The work
shall be carried out in accordance with the local cooperation
requirements for other navigation features of the project.
(9) STILLWATER, MINNESOTA.—The project for flood control,
Stillwater, Minnesota, authorized by section 363 of the Water
Resources Development Act of 1992 (106 Stat. 4861–4862),
is modified—
(A) to authorize the Secretary to expand the flood
wall system if the Secretary determines that the expansion
is feasible; and
(B) to authorize the Secretary to construct the project
at a total cost of $11,600,000, with an estimated Federal
cost of $8,700,000 and an estimated non-Federal cost of
$2,900,000.
(10) JOSEPH G. MINISH PASSAIC RIVER PARK, NEW JERSEY.—
The streambank restoration element of the project for flood
control, Passaic River Main Stem, New Jersey and New York,
authorized by section 101(a)(18)(B) of the Water Resources
Development Act of 1990 (104 Stat. 4608) and known as the
‘‘Joseph G. Minish Passaic River Waterfront Park and Historic
Area, New Jersey’’, is modified—
(A) to authorize the Secretary to construct such element at a total cost of $75,000,000;
(B) to provide that construction of such element may
be undertaken before implementation of the remainder of
the Passaic River Main Stem project; and
(C) to provide that such element shall be treated, for
the purpose of economic analysis, as an integral part of

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3711

the Passaic River Main Stem project and shall be completed
in the initial phase of the Passaic River Main Stem project.
(11) ARTHUR KILL, NEW YORK AND NEW JERSEY.—The project
for navigation, Arthur Kill, New York and New Jersey, authorized by section 202(b) of the Water Resources Development
Act of 1986 (100 Stat. 4098), is modified to authorize the
Secretary to carry out the project to a depth of not to exceed
45 feet, at a total cost of $83,000,000.
(12) KILL VAN KULL, NEW YORK AND NEW JERSEY.—
(A) COST INCREASE.—The project for navigation, Kill
Van Kull, New York and New Jersey, authorized by section
202(a) of the Water Resources Development Act of 1986
(100 Stat. 4095), is modified to authorize the Secretary
to carry out the project at a total cost of $750,000,000.
(B) CONTINUATION OF ENGINEERING AND DESIGN.—The
Secretary shall continue engineering and design in order
to complete the navigation project at Kill Van Kull and
Newark Bay Channels, New York and New Jersey, authorized by chapter IV of title I of the Supplemental Appropriations Act, 1985 (99 Stat. 313) and section 202(a) of the
Water Resources Development Act of 1986 (100 Stat. 4095).
SEC. 302. MOBILE HARBOR, ALABAMA.

The undesignated paragraph under the heading ‘‘MOBILE HARBOR, ALABAMA’’ in section 201(a) of the Water Resources Development Act of 1986 (100 Stat. 4090) is amended by striking the
1st semicolon and all that follows and inserting a period and the
following: ‘‘In disposing of dredged material from such project, the
Secretary, after compliance with applicable laws and after opportunity for public review and comment, may consider alternatives
to disposal of such material in the Gulf of Mexico, including environmentally acceptable alternatives for beneficial uses of dredged material and environmental restoration.’’.
SEC. 303. NOGALES WASH AND TRIBUTARIES, ARIZONA.

The project for flood control, Nogales Wash and tributaries,
Arizona, authorized by section 101(a)(4) of the Water Resources
Development Act of 1990 (104 Stat. 4606), is modified to direct
the Secretary to permit the non-Federal contribution for the project
to be determined in accordance with subsections (k) and (m) of
section 103 of the Water Resources Development Act of 1986 (33
U.S.C. 2213) and to direct the Secretary to enter into negotiations
with non-Federal interests pursuant to section 103(l) of such Act
concerning the timing of the initial payment of the non-Federal
contribution.
SEC. 304. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.

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

110 STAT. 3712

PUBLIC LAW 104–303—OCT. 12, 1996

SEC. 305. CHANNEL ISLANDS HARBOR, CALIFORNIA.

The project for navigation and shore protection, Channel
Islands Harbor, Port of Hueneme, California, authorized by section
101 of the River and Harbor Act of 1954 (68 Stat. 1252), is modified
to authorize biennial dredging and sand bypassing at an annual
downcoast replenishment rate to establish and maintain a littoral
sediment balance which is estimated at 1,254,000 cubic yards per
year. The cost of such dredging and sand bypassing shall be 100
percent Federal as long as Federal ownership of the entrance channel and jetties of the Port of Hueneme necessitates restoration
and maintenance of the downcoast shoreline.
SEC. 306. LAKE ELSINORE, CALIFORNIA.

Reports.

(a) MAXIMUM FEDERAL EXPENDITURE.—The maximum amount
of Federal funds that may be expended for the project for flood
control, Lake Elsinore, Riverside County, California, shall be
$7,500,000.
(b) REVISION OF PROJECT COOPERATION AGREEMENT.—The Secretary shall revise the project cooperation agreement for the project
referred to in subsection (a) to take into account the change in
the Federal participation in such project pursuant to subsection
(a).
(c) COST SHARING.—Nothing in this section shall be construed
to affect any cost-sharing requirement applicable to the project
referred to in subsection (a) under the Water Resources Development Act of 1986.
(d) STUDY.—Not later than 18 months after the date of the
enactment of this Act, the Secretary shall—
(1) conduct a study of the advisability of modifying, for
the purpose of flood control pursuant to section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s), the project for
flood control, Lake Elsinore, Riverside County, California, to
permit water conservation storage up to an elevation of 1,249
feet above mean sea level; and
(2) report to Congress on the study, including making recommendations concerning the advisability of so modifying the
project.
SEC. 307. LOS ANGELES AND LONG BEACH HARBORS, SAN PEDRO BAY,
CALIFORNIA.

The project for navigation, Los Angeles and Long Beach Harbors, San Pedro Bay, California, authorized by section 201(a) of
the Water Resources Development Act of 1986 (100 Stat. 4091),
is modified to provide that, for the purpose of section 101(a)(2)
of such Act (33 U.S.C. 2211(a)(2)), the sewer outfall relocated over
a distance of 4,458 feet by the Port of Los Angeles at a cost
of approximately $12,000,000 shall be considered to be a relocation.
The cost of such relocation shall be credited as a payment provided
by the non-Federal interest.
SEC. 308. LOS ANGELES COUNTY DRAINAGE AREA, CALIFORNIA.

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

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3713

SEC. 309. PRADO DAM, CALIFORNIA.

(a) REVIEW.—
(1) SEPARABLE ELEMENT DETERMINATION.—Not later than
6 months after the date of the enactment of this Act, the
Secretary shall review, in cooperation with the non-Federal
interest, the Prado Dam feature of the project for flood control,
Santa Ana River Mainstem, California, authorized by section
401(a) of the Water Resources Development Act of 1986 (100
Stat. 4113), with a view toward determining whether the feature may be considered a separable element (as defined in
section 103(f) of such Act (33 U.S.C. 2213(f))).
(2) MODIFICATION OF COST-SHARING REQUIREMENT.—If the
Prado Dam feature is determined to be a separable element
under this subsection, the Secretary shall reduce the non-Federal cost-sharing requirement for such feature in accordance
with section 103(a)(3) of such Act and shall enter into a project
cooperation agreement with the non-Federal interest to reflect
the modified cost-sharing requirement and to carry out
construction.
(b) SAFETY IMPROVEMENTS.—The Secretary, in coordination
with the State of California, shall provide technical assistance to
Orange County, California, in developing appropriate public safety
and access improvements associated with that portion of California
State Route 71 being relocated for the Prado Dam feature of the
project authorized as part of the project referred to in subsection
(a)(1).
SEC. 310. QUEENSWAY BAY, CALIFORNIA.

Section 4(e) of the Water Resources Development Act of 1988
(102 Stat. 4016) is amended by adding at the end the following:
‘‘In addition, the Secretary shall perform advance maintenance
dredging in the Queensway Bay Channel, California, at a total
cost of $5,000,000. The Secretary shall coordinate with Federal
and State agencies the establishment of suitable dredged material
disposal areas.’’.
SEC. 311. SEVEN OAKS DAM, CALIFORNIA.

The non-Federal share for a project to add water conservation
to the Seven Oaks Dam, authorized as part of the project for
flood control, Santa Ana River Mainstem, California, by section
401(a) of the Water Resources Development Act of 1986 (100 Stat.
4113), shall be 100 percent of separable first costs and separable
operation, maintenance, and replacement costs associated with the
water conservation purpose.
SEC. 312. THAMES RIVER, CONNECTICUT.

(a) MODIFICATION.—The project for navigation, Thames River,
Connecticut, authorized by the 1st section of the Act entitled ‘‘An
Act authorizing the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes’’,
approved August 30, 1935 (49 Stat. 1029), is modified to reconfigure
the turning basin in accordance with the following alignment: Beginning at a point on the eastern limit of the existing project,
N251052.93, E783934.59, thence running north 5 degrees, 25 minutes, 21.3 seconds east 341.06 feet to a point, N251392.46,
E783966.82, thence running north 47 degrees, 24 minutes, 14.0
seconds west 268.72 feet to a point, N251574.34, E783769.00, thence
running north 88 degrees, 41 minutes, 52.2 seconds west 249.06

110 STAT. 3714

PUBLIC LAW 104–303—OCT. 12, 1996

feet to a point, N251580.00, E783520.00, thence running south
46 degrees, 16 minutes, 22.9 seconds west 318.28 feet to a point,
N251360.00, E783290.00, thence running south 19 degrees, 1
minute, 32.2 seconds east 306.76 feet to a point, N251070.00,
E783390.00, thence running south 45 degrees, 0 minutes, 0 seconds,
east 155.56 feet to a point, N250960.00, E783500.00 on the existing
western limit.
(b) PAYMENT FOR INITIAL DREDGING.—Any required initial
dredging of the widened portions identified in subsection (a) shall
be carried out at no cost to the Federal Government.
(c) DEAUTHORIZATION.—The portions of the turning basin that
are not included in the reconfigured turning basin described in
subsection (a) are not authorized after the date of the enactment
of this Act.
SEC. 313. CANAVERAL HARBOR, FLORIDA.

The project for navigation, Canaveral Harbor, Florida, authorized by section 101(7) of the Water Resources Development Act
of 1992 (106 Stat. 4802), is modified to authorize the Secretary
to reclassify the removal and replacement of stone protection on
both sides of the channel as general navigation features. The Secretary shall reimburse any costs that are incurred by the nonFederal sponsor in connection with the reclassified work and that
the Secretary determines to be in excess of the non-Federal share
of costs for general navigation features. The Federal and nonFederal shares of the cost of the reclassified work shall be determined in accordance with section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211).
SEC. 314. CAPTIVA ISLAND, FLORIDA.

The project for shoreline protection, Captiva Island, Lee County,
Florida, authorized pursuant to section 201 of the Flood Control
Act of 1965 (42 U.S.C. 1962d–5; 79 Stat. 1073), is modified to
direct the Secretary to reimburse the non-Federal interest for beach
nourishment work carried out by such interest as if such work
occurred after execution of the agreement entered into pursuant
to section 215 of the Flood Control Act of 1968 (42 U.S.C. 1962d–
5a) with respect to such project if the Secretary determines that
such work is compatible with the project.
SEC. 315. CENTRAL AND SOUTHERN FLORIDA, CANAL 51.

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

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3715

SEC. 316. CENTRAL AND SOUTHERN FLORIDA, CANAL 111.

(a) IN GENERAL.—The project for Central and Southern Florida,
authorized by section 203 of the Flood Control Act of 1948 (62
Stat. 1176) and modified by section 203 of the Flood Control Act
of 1968 (82 Stat. 740–741), is modified to authorize the Secretary
to implement the recommended plan of improvement contained
in a report entitled ‘‘Central and Southern Florida Project, Final
Integrated General Reevaluation Report and Environmental Impact
Statement, Canal 111 (C–111), South Dade County, Florida’’, dated
May 1994, including acquisition by non-Federal interests of such
portions of the Frog Pond and Rocky Glades areas as are needed
for the project.
(b) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of the cost of
implementing the plan of improvement shall be 50 percent.
(2) SECRETARY OF INTERIOR RESPONSIBILITY.—The Secretary
of the Interior shall pay 25 percent of the cost of acquiring
such portions of the Frog Pond and Rocky Glades areas as
are needed for the project. The amount paid by the Secretary
of the Interior shall be included as part of the Federal share
of the cost of implementing the plan.
(3) OPERATION AND MAINTENANCE.—The non-Federal share
of operation and maintenance costs of the improvements undertaken pursuant to this section shall be 100 percent; except
that the Federal Government shall reimburse the non-Federal
interest with respect to the project 60 percent of the costs
of operating and maintaining pump stations that pump water
into Taylor Slough in the Everglades National Park.
SEC. 317. JACKSONVILLE HARBOR (MILL COVE), FLORIDA.

The project for navigation, Jacksonville Harbor (Mill Cove),
Florida, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4139–4140), is modified to direct
the Secretary to carry out a project for mitigation consisting of
measures for flow and circulation improvement within Mill Cove,
at an estimated total Federal cost of $2,000,000.
SEC. 318. PANAMA CITY BEACHES, FLORIDA.

(a) IN GENERAL.—The project for shoreline protection, Panama
City Beaches, Florida, authorized by section 501(a) of the Water
Resources Development Act of 1986 (100 Stat. 4133), is modified
to direct the Secretary to enter into an agreement with the nonFederal interest for carrying out such project in accordance with
section 206 of the Water Resources Development Act of 1992 (33
U.S.C. 426i–1).
(b) REPORTS.—Not later than 6 months after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on the progress made in carrying out this section and
a report on implementation of section 206 of the Water Resources
Development Act of 1992.
SEC. 319. CHICAGO, ILLINOIS.

The project for flood control, Chicagoland Underflow Plan, Illinois, authorized by section 3(a)(5) of the Water Resources Development Act of 1988 (102 Stat. 4013), is modified to limit the capacity
of the reservoir project to not to exceed 11,000,000,000 gallons
or 32,000 acre-feet, to provide that the reservoir project may not
be located north of 55th Street or west of East Avenue in the

110 STAT. 3716

PUBLIC LAW 104–303—OCT. 12, 1996

vicinity of McCook, Illinois, and to provide that the reservoir project
may be constructed only on the basis of a specific plan that has
been evaluated by the Secretary under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 320. CHICAGO LOCK AND THOMAS J. O’BRIEN LOCK, ILLINOIS.

The project for navigation, Chicago Harbor, Lake Michigan,
Illinois, for which operation and maintenance responsibility was
transferred to the Secretary under chapter IV of title I of the
Supplemental Appropriations Act, 1983 (97 Stat. 311), and section
107 of the Energy and Water Development Appropriation Act, 1982
(95 Stat. 1137), is modified to direct the Secretary to conduct
a study to determine the feasibility of making such structural
repairs as are necessary to prevent leakage through the Chicago
Lock and the Thomas J. O’Brien Lock, Illinois, and to determine
the need for installing permanent flow measurement equipment
at such locks to measure any leakage. The Secretary may carry
out such repairs and installations as are necessary following completion of the study.
SEC. 321. KASKASKIA RIVER, ILLINOIS.

The project for navigation, Kaskaskia River, Illinois, authorized
by section 101 of the River and Harbor Act of 1962 (76 Stat.
1175), is modified to add fish and wildlife and habitat restoration
as project purposes.
SEC. 322. LOCKS AND DAM 26, ALTON, ILLINOIS AND MISSOURI.

Section 102(l) of the Water Resources Development Act of 1990
(104 Stat. 4613) is amended—
(1) by striking ‘‘, that requires no separable project lands
and’’ and inserting ‘‘on project lands and other contiguous nonproject lands, including those lands referred to as the Alton
Commons. The recreational development’’;
(2) by inserting ‘‘shall be’’ before ‘‘at a Federal construction’’;
and
(3) by striking ‘‘. The recreational development’’ and inserting ‘‘, and’’.
SEC. 323. WHITE RIVER, INDIANA.

The project for flood control, Indianapolis on West Fork of
the White River, Indiana, authorized by section 5 of the Act entitled
‘‘An Act authorizing the construction of certain public works on
rivers and harbors for flood control, and other purposes’’, approved
June 22, 1936 (49 Stat. 1586), is modified to authorize the Secretary
to undertake riverfront alterations as described in the Central
Indianapolis Waterfront Concept Master Plan, dated February 1994,
at a total cost of $85,975,000, with an estimated Federal cost
of $39,975,000 and an estimated non-Federal cost of $46,000,000.
The cost of work, including relocations undertaken by the nonFederal interest after February 15, 1994, on features identified
in the Master Plan shall be credited toward the non-Federal share
of project costs.
SEC. 324. BAPTISTE COLLETTE BAYOU, LOUISIANA.

The project for navigation, Mississippi River Outlets, Venice,
Louisiana, authorized by section 101 of the River and Harbor Act
of 1968 (82 Stat. 731), is modified to provide for the extension
of the 16-foot deep (mean low gulf) by 250-foot wide Baptiste Collette

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3717

Bayou entrance channel to approximately mile 8 of the Mississippi
River Gulf Outlet navigation channel at a total estimated Federal
cost of $80,000, including $4,000 for surveys and $76,000 for Coast
Guard aids to navigation.
SEC. 325. LAKE PONTCHARTRAIN, LOUISIANA.

The project for hurricane damage prevention and flood control,
Lake Pontchartrain, Louisiana, authorized by section 204 of the
Flood Control Act of 1965 (79 Stat. 1077), is modified to provide
that St. Bernard Parish, Louisiana, and the Lake Borgne Basin
Levee District, Louisiana, shall not be required to pay the unpaid
balance, including interest, of the non-Federal cost-share of the
project.
SEC. 326. MISSISSIPPI RIVER-GULF OUTLET, LOUISIANA.

Section 844 of the Water Resources Development Act of 1986
(100 Stat. 4177) is amended by adding at the end the following:
‘‘(c) COMMUNITY IMPACT MITIGATION PLAN.—Using funds made
available under subsection (a), the Secretary shall implement a
comprehensive community impact mitigation plan, as described in
the evaluation report of the New Orleans District Engineer dated
August 1995, that, to the maximum extent practicable, provides
for mitigation or compensation, or both, for the direct and indirect
social and cultural impacts that the project described in subsection
(a) will have on the affected areas referred to in subsection (b).’’.
SEC. 327. TOLCHESTER CHANNEL, MARYLAND.

The project for navigation, Baltimore Harbor and Channels,
Maryland, authorized by section 101 of the River and Harbor Act
of 1958 (72 Stat. 297), is modified to direct the Secretary—
(1) to expedite review of potential straightening of the
channel at the Tolchester Channel S-Turn; and
(2) if determined to be feasible and necessary for safe
and efficient navigation, to implement such straightening as
part of project maintenance.
SEC. 328. CROSS VILLAGE HARBOR, MICHIGAN.

(a) GENERAL RULE.—Notwithstanding section 1001 of the Water
Resources Development Act of 1986 (33 U.S.C. 579a), the project
for navigation, Cross Village Harbor, Michigan, authorized by section 101 of the River and Harbor Act of 1966 (80 Stat. 1405),
shall remain authorized to be carried out by the Secretary.
(b) LIMITATION.—The project described in subsection (a) shall
not be authorized for construction after the last day of the 5year period that begins on the date of the enactment of this Act
unless, during such period, funds have been obligated for the
construction (including planning and design) of the project.
SEC. 329. SAGINAW RIVER, MICHIGAN.

The project for flood protection, Saginaw River, Michigan,
authorized by section 203 of the Flood Control Act of 1958 (72
Stat. 311), is modified to include as part of the project the design
and construction of an inflatable dam on the Flint River, Michigan,
at a total cost of $500,000.
SEC. 330. SAULT SAINTE MARIE, CHIPPEWA COUNTY, MICHIGAN.

(a) IN GENERAL.—The project for navigation, Sault Sainte
Marie, Chippewa County, Michigan, authorized by section 1149

110 STAT. 3718

PUBLIC LAW 104–303—OCT. 12, 1996

of the Water Resources Development Act of 1986 (100 Stat. 4254–
4255), is modified as follows:
(1) PAYMENT OF NON-FEDERAL SHARE.—The non-Federal
share of the cost of the project shall be paid as follows:
(A) That portion of the non-Federal share that the
Secretary determines is attributable to use of the lock
by vessels calling at Canadian ports shall be paid by the
United States.
(B) The remaining portion of the non-Federal share
shall be paid by the Great Lakes States pursuant to an
agreement entered into by such States.
(2) PAYMENT TERM OF ADDITIONAL PERCENTAGE.—The
amount to be paid by non-Federal interests pursuant to section
101(a) of the Water Resources Development Act of 1986 (33
U.S.C. 2211(a)) and this subsection with respect to the project
may be paid over a period of 50 years or the expected life
of the project, whichever is shorter.
(b) GREAT LAKES STATES DEFINED.—In this section, the term
‘‘Great Lakes States’’ means the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.
SEC. 331. ST. JOHNS BAYOU AND NEW MADRID FLOODWAY, MISSOURI.

Notwithstanding any other provision of law, Federal assistance
made available under the rural enterprise zone program of the
Department of Agriculture may be used toward payment of the
non-Federal share of the costs of the project for flood control,
St. Johns Bayou and New Madrid Floodway, Missouri, authorized
by section 401(a) of the Water Resources Development Act of 1986
(100 Stat. 4118).
SEC. 332. LOST CREEK, COLUMBUS, NEBRASKA.

(a) MAXIMUM FEDERAL EXPENDITURE.—The maximum amount
of Federal funds that may be allotted for the project for flood
control, Lost Creek, Columbus, Nebraska, shall be $5,500,000.
(b) REVISION OF PROJECT COOPERATION AGREEMENT.—The Secretary shall revise the project cooperation agreement for the project
referred to in subsection (a) to take into account the change in
the Federal participation in such project pursuant to subsection
(a).
SEC. 333. PASSAIC RIVER, NEW JERSEY.

Section 1148 of the Water Resources Development Act of 1986
(100 Stat. 4254) is amended to read as follows:
‘‘SEC. 1148. PASSAIC RIVER BASIN.

‘‘(a) ACQUISITION OF LANDS.—The Secretary may acquire from
willing sellers lands on which residential structures are located
and that are subject to frequent and recurring flood damage, as
identified in the supplemental floodway report of the Corps of
Engineers, Passaic River Buyout Study, September 1995, at an
estimated total cost of $194,000,000.
‘‘(b) RETENTION OF LANDS FOR FLOOD PROTECTION.—Lands
acquired by the Secretary under this section shall be retained
by the Secretary for future use in conjunction with flood protection
and flood management in the Passaic River Basin.
‘‘(c) COST SHARING.—The non-Federal share of the cost of carrying out this section shall be 25 percent plus any amount that
might result from application of subsection (d).

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3719

‘‘(d) APPLICABILITY OF BENEFIT-COST RATIO WAIVER AUTHORITY.—In evaluating and implementing the project under this section,
the Secretary shall allow the non-Federal interest to participate
in the financing of the project in accordance with section 903(c),
to the extent that the Secretary’s evaluation indicates that applying
such section is necessary to implement the project.’’.
SEC. 334. ACEQUIAS IRRIGATION SYSTEM, NEW MEXICO.

The second sentence of section 1113(b) of the Water Resources
Development Act of 1986 (100 Stat. 4232) is amended by inserting
before the period at the end the following: ‘‘; except that the Federal
share of reconnaissance studies carried out by the Secretary under
this section shall be 100 percent’’.
SEC. 335. JONES INLET, NEW YORK.

The project for navigation, Jones Inlet, New York, authorized
by section 2 of the Act entitled ‘‘An Act authorizing the construction,
repair, and preservation of certain public works on rivers and
harbors, and for other purposes’’, approved March 2, 1945 (59
Stat. 13), is modified to direct the Secretary to place
uncontaminated dredged material on beach areas downdrift from
the federally maintained channel to the extent that such work
is necessary to mitigate the interruption of littoral system natural
processes caused by the jetty and continued dredging of the federally
maintained channel.
SEC. 336. BUFORD TRENTON IRRIGATION DISTRICT, NORTH DAKOTA.

(a) ACQUISITION OF EASEMENTS.—
(1) IN GENERAL.—The Secretary may acquire, from willing
sellers, permanent flowage and saturation easements over—
(A) the land in Williams County, North Dakota, extending from the riverward margin of the Buford Trenton
Irrigation District main canal to the north bank of the
Missouri River, beginning at the Buford Trenton Irrigation
District pumping station located in the NE1⁄4 of section
17, T–152–N, R–104–W, and continuing northeasterly
downstream to the land referred to as the East Bottom;
and
(B) any other land outside the boundaries of the land
described in subparagraph (A) within or contiguous to the
boundaries of the Buford Trenton Irrigation District that
has been affected by rising ground water and the risk
of surface flooding.
(2) SCOPE.—Any easements acquired by the Secretary
under paragraph (1) shall include the right, power, and privilege of the Federal Government to submerge, overflow, percolate, and saturate the surface and subsurface of the lands
and such other terms and conditions as the Secretary considers
appropriate.
(3) PAYMENT.—In acquiring easements under paragraph
(1), the Secretary shall pay an amount based on the unaffected
fee value of the lands to be acquired by the Federal Government. For the purpose of this paragraph, the unaffected fee
value of the lands is the value of the lands as if the lands
had not been affected by rising ground water and the risk
of surface flooding.
(b) CONVEYANCE OF DRAINAGE PUMPS.—The Secretary shall—

110 STAT. 3720

PUBLIC LAW 104–303—OCT. 12, 1996

(1) convey to the Buford Trenton Irrigation District all
right, title, and interest of the United States in the drainage
pumps located within the boundaries of the District; and
(2) provide a lump-sum payment of $60,000 for power
requirements associated with the operation of the drainage
pumps.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $34,000,000.
SEC. 337. RENO BEACH-HOWARDS FARM, OHIO.

The project for flood protection, Reno Beach-Howards Farm,
Ohio, authorized by section 203 of the Flood Control Act of 1948
(62 Stat. 1178), is modified to provide that the value of lands,
easements, rights-of-way, and disposal areas that are necessary
to carry out the project and are provided by the non-Federal interest
shall be determined on the basis of the appraisal performed by
the Corps of Engineers and dated April 4, 1985.
SEC. 338. BROKEN BOW LAKE, RED RIVER BASIN, OKLAHOMA.

The project for flood control and water supply, Broken Bow
Lake, Red River Basin, Oklahoma, authorized by section 203 of
the Flood Control Act of 1958 (72 Stat. 309) and modified by
section 203 of the Flood Control Act of 1962 (76 Stat. 1187) and
section 102(v) of the Water Resources Development Act of 1992
(106 Stat. 4808), is further modified to provide for the reallocation
of a sufficient quantity of water supply storage space in Broken
Bow Lake to support the Mountain Fork trout fishery. Releases
of water from Broken Bow Lake for the Mountain Fork trout fishery
as mitigation for the loss of fish and wildlife resources in the
Mountain Fork River shall be carried out at no expense to the
State of Oklahoma.
SEC. 339. WISTER LAKE PROJECT, LEFLORE COUNTY, OKLAHOMA.

The Secretary shall maintain a minimum conservation pool
level of 478 feet at the Wister Lake project in LeFlore County,
Oklahoma, authorized by section 4 of the Act entitled ‘‘An Act
authorizing the construction of certain public works on rivers and
harbors for flood control, and for other purposes’’, approved June
28, 1938 (52 Stat. 1218). Notwithstanding title I of the Water
Resources Development Act of 1986 (33 U.S.C. 2211 et seq.) or
any other provision of law, any increase in water supply yield
that results from the pool level of 478 feet shall be treated as
unallocated water supply until such time as a user enters into
a contract for the supply under such applicable laws concerning
cost-sharing as are in effect on the date of the contract.
SEC. 340. BONNEVILLE LOCK AND DAM, COLUMBIA RIVER, OREGON
AND WASHINGTON.

(a) IN GENERAL.—The project for Bonneville Lock and Dam,
Columbia River, Oregon and Washington, authorized by the Act
of August 20, 1937 (50 Stat. 731), and modified by section 83
of the Water Resources Development Act of 1974 (88 Stat. 35),
is further modified to authorize the Secretary to convey to the
city of North Bonneville, Washington, at no further cost to the
city, all right, title and interest of the United States in and to
the following:
(1) Any municipal facilities, utilities fixtures, and equipment for the relocated city, and any remaining lands designated

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3721

as open spaces or municipal lots not previously conveyed to
the city, specifically, Lots M1 through M15, M16 (the ‘‘community center lot’’), M18, M19, M22, M24, S42 through S45, and
S52 through S60.
(2) The ‘‘school lot’’ described as Lot 2, block 5, on the
plat of relocated North Bonneville.
(3) Parcels 2 and C, but only upon the completion of any
environmental response actions required under applicable law.
(4) That portion of Parcel B lying south of the existing
city boundary, west of the sewage treatment plant, and north
of the drainage ditch that is located adjacent to the northerly
limit of the Hamilton Island landfill, if the Secretary determines, at the time of the proposed conveyance, that the Department of the Army has taken all action necessary to protect
human health and the environment.
(5) Such portions of Parcel H as can be conveyed without
a requirement for further investigation, inventory, or other
action by the Department of the Army under the National
Historic Preservation Act (16 U.S.C. 470 et seq.).
(6) Such easements as the Secretary considers necessary
for—
(A) sewer and water line crossings of relocated
Washington State Highway 14; and
(B) reasonable public access to the Columbia River
across those portions of Hamilton Island that remain under
the ownership of the United States.
(b) TIME PERIOD FOR CONVEYANCES.—The conveyances referred
to in subsections (a)(1), (a)(2), (a)(5), and (a)(6)(A) shall be completed
within 180 days after the United States receives the release referred
to in subsection (d). All other conveyances shall be completed expeditiously, subject to any conditions specified in the applicable subsection.
(c) PURPOSE.—The purpose of the conveyances authorized by
subsection (a) is to resolve all outstanding issues between the
United States and the city of North Bonneville.
(d) ACKNOWLEDGEMENT OF PAYMENT; RELEASE OF CLAIMS
RELATING TO RELOCATION OF CITY.—As a prerequisite to the conveyances authorized by subsection (a), the city of North Bonneville
shall execute an acknowledgement of payment of just compensation
and shall execute a release of any and all claims for relief of
any kind against the United States arising out of the relocation
of the city of North Bonneville, or any prior Federal legislation
relating thereto, and shall dismiss, with prejudice, any pending
litigation, if any, involving such matters.
(e) RELEASE BY ATTORNEY GENERAL.—Upon receipt of the city’s
acknowledgment and release referred to in subsection (d), the Attorney General of the United States shall dismiss any pending litigation, if any, arising out of the relocation of the city of North
Bonneville, and execute a release of any and all rights to damages
of any kind under Town of North Bonneville, Washington v. United
States, 11 Cl. Ct. 694, affirmed in part and reversed in part,
833 F.2d 1024 (Fed. Cir. 1987), cert. denied, 485 U.S. 1007 (1988),
including any interest thereon.
(f) ACKNOWLEDGMENT OF ENTITLEMENTS; RELEASE BY CITY OF
CLAIMS.—Within 60 days after the conveyances authorized by subsection (a) (other than paragraph (6)(B)) have been completed, the
city shall execute an acknowledgement that all entitlements under

110 STAT. 3722

PUBLIC LAW 104–303—OCT. 12, 1996

such paragraph have been completed and shall execute a release
of any and all claims for relief of any kind against the United
States arising out of this section.
(g) EFFECTS ON CITY.—Beginning on the date of the enactment
of this Act, the city of North Bonneville, or any successor in interest
thereto, shall—
(1) be precluded from exercising any jurisdiction over any
lands owned in whole or in part by the United States and
administered by the Corps of Engineers in connection with
the Bonneville project; and
(2) be authorized to change the zoning designations of,
sell, or resell Parcels S35 and S56, which are presently designated as open spaces.
SEC. 341. COLUMBIA RIVER DREDGING, OREGON AND WASHINGTON.

The project for navigation, Lower Willamette and Columbia
Rivers below Vancouver, Washington, and Portland, Oregon, authorized by the 1st section of the Act entitled ‘‘An Act making appropriations for the construction, repair, preservation, and completion of
certain public works on rivers and harbors, and for other purposes’’,
approved June 18, 1878 (20 Stat. 157), is modified to direct the
Secretary—
(1) to conduct channel simulation and to carry out improvements to the existing deep draft channel between the mouth
of the river and river mile 34 at a cost not to exceed $2,400,000;
and
(2) to conduct overdepth and advance maintenance dredging that is necessary to maintain authorized channel dimensions.
SEC. 342. LACKAWANNA RIVER AT SCRANTON, PENNSYLVANIA.

(a) IN GENERAL.—The project for flood control, Lackawanna
River at Scranton, Pennsylvania, authorized by section 101(17)
of the Water Resources Development Act of 1992 (106 Stat. 4803),
is modified to direct the Secretary to carry out the project for
flood control for the Plot and Green Ridge sections of the project.
(b) APPLICABILITY OF BENEFIT-COST RATIO WAIVER AUTHORITY.—In evaluating and implementing the project, the Secretary
shall allow the non-Federal interest to participate in the financing
of the project in accordance with section 903(c) of the Water
Resources Development Act of 1986 (100 Stat. 4184), to the extent
that the Secretary’s evaluation indicates that applying such section
is necessary to implement the project.
SEC. 343. MUSSERS DAM, MIDDLE CREEK, SNYDER COUNTY, PENNSYLVANIA.

Section 209(e)(5) of the Water Resources Development Act of
1992 (106 Stat. 4830) is amended by striking ‘‘$3,000,000’’ and
inserting ‘‘$5,000,000’’.
SEC. 344. SCHUYLKILL RIVER, PENNSYLVANIA.

The navigation project for the Schuylkill River, Pennsylvania,
authorized by the 1st section of the Act entitled ‘‘An Act making
appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes’’,
approved August 8, 1917 (40 Stat. 252), is modified to provide
for the periodic removal and disposal of sediment to provide for
a depth of 6 feet within portions of the Fairmount pool between

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3723

the Fairmount Dam and the Columbia Bridge, generally within
the limits of the channel alignments referred to as the Schuylkill
River Racecourse and return lane, and the Belmont Water Works
intakes and Boathouse Row.
SEC. 345. SOUTH CENTRAL PENNSYLVANIA.

(a) COST SHARING.—Section 313(d)(3)(A) of the Water Resources
Development Act of 1992 (106 Stat. 4846) is amended to read
as follows:
‘‘(A) IN GENERAL.—Total project costs under each local
cooperation agreement entered into under this subsection
shall be shared at 75 percent Federal and 25 percent nonFederal. The Federal share may be provided in the form
of grants or reimbursements of project costs. The nonFederal interests shall receive credit—
‘‘(i) for design and construction services and other
in-kind work, whether occurring subsequent to, or
within 6 years prior to, entering into an agreement
with the Secretary; and
‘‘(ii) for grants and the value of work performed
on behalf of such interests by State and local agencies,
as determined by the Secretary.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 313(g)(1) of
such Act (106 Stat. 4846) is amended by striking ‘‘$50,000,000’’
and inserting ‘‘$80,000,000’’.
(c) SECTION HEADING.—The heading to section 313 of such
Act is amended to read as follows:
‘‘SEC. 313. SOUTH CENTRAL PENNSYLVANIA ENVIRONMENT IMPROVEMENT PROGRAM.’’.
SEC. 346. WYOMING VALLEY, PENNSYLVANIA.

The project for flood control, Wyoming Valley, Pennsylvania,
authorized by section 401(a) of the Water Resources Development
Act of 1986 (100 Stat. 4124), is modified to authorize the Secretary—
(1) to include as part of the construction of the project
mechanical and electrical upgrades to stormwater pumping stations in the Wyoming Valley; and
(2) to carry out mitigation measures that the Secretary
would otherwise be authorized to carry out, but for the General
Design Memorandum for phase II of the project, as approved
by the Assistant Secretary of the Army having responsibility
for civil works on February 15, 1996, providing that such measures are to be carried out for credit by the non-Federal interest.
SEC. 347. ALLENDALE DAM, NORTH PROVIDENCE, RHODE ISLAND.

The project for reconstruction of the Allendale Dam, North
Providence, Rhode Island, authorized by section 358 of the Water
Resources Development Act of 1992 (106 Stat. 4861), is modified
to authorize the Secretary to reconstruct the dam, at a total cost
of $350,000, with an estimated Federal cost of $262,500 and an
estimated non-Federal cost of $87,500.
SEC. 348. NARRAGANSETT, RHODE ISLAND.

Section 361(a) of the Water Resources Development Act of
1992 (106 Stat. 4861) is amended—
(1) by striking ‘‘$200,000’’ and inserting ‘‘$1,900,000’’;
(2) by striking ‘‘$150,000’’ and inserting ‘‘$1,425,000’’; and
(3) by striking ‘‘$50,000’’ and inserting ‘‘$475,000’’.

110 STAT. 3724

PUBLIC LAW 104–303—OCT. 12, 1996

SEC. 349. CLOUTER CREEK DISPOSAL AREA, CHARLESTON, SOUTH
CAROLINA.

(a) TRANSFER OF ADMINISTRATIVE JURISDICTION.—Notwithstanding any other law, the Secretary of the Navy shall transfer
to the Secretary administrative jurisdiction over the approximately
1,400 acres of land under the jurisdiction of the Department of
the Navy that comprise a portion of the Clouter Creek disposal
area, Charleston, South Carolina.
(b) USE OF TRANSFERRED LAND.—The land transferred under
subsection (a) shall be used by the Department of the Army as
a dredged material disposal area for dredging activities in the
vicinity of Charleston, South Carolina, including the Charleston
Harbor navigation project.
(c) COST SHARING.—Operation and maintenance, including
rehabilitation, of the dredged material disposal area transferred
under this section shall be carried out in accordance with section
101 of the Water Resources Development Act of 1986 (33 U.S.C.
2211).
SEC. 350. BUFFALO BAYOU, TEXAS.

The non-Federal interest for the projects for flood control, Buffalo Bayou and tributaries, Texas, authorized by section 203 of
the Flood Control Act of 1954 (68 Stat. 1258) and by section
101(a)(21) of the Water Resources Development Act of 1990 (104
Stat. 4610), may be reimbursed by up to $5,000,000 or may receive
a credit of up to $5,000,000 toward required non-Federal project
cost-sharing contributions for work performed by the non-Federal
interest at each of the following locations if such work is compatible
with 1 or more of the following authorized projects: White Oak
Bayou, Brays Bayou, Hunting Bayou, Garners Bayou, and the
Upper Reach on Greens Bayou.
SEC. 351. DALLAS FLOODWAY EXTENSION, DALLAS, TEXAS.

(a) IN GENERAL.—The project for flood control, Dallas Floodway
Extension, Dallas, Texas, authorized by section 301 of the River
and Harbor Act of 1965 (79 Stat. 1091), is modified to provide
that flood protection works constructed by the non-Federal interests
along the Trinity River in Dallas, Texas, for Rochester Park and
the Central Wastewater Treatment Plant shall be included as a
part of the project and the cost of such works shall be credited
against the non-Federal share of project costs.
(b) DETERMINATION OF AMOUNT.—The amount to be credited
under subsection (a) shall be determined by the Secretary. In determining such amount, the Secretary may permit credit only for
that portion of the work performed by the non-Federal interests
that is compatible with the project referred to in subsection (a),
including any modification thereof, and that is required for construction of such project.
(c) CASH CONTRIBUTION.—Nothing in this section shall be construed to limit the applicability of the requirement contained in
section 103(a)(1)(A) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(a)(1)(A)) to the project referred to in subsection
(a).
SEC. 352. GRUNDY, VIRGINIA.

The Secretary shall proceed with planning, engineering, design,
and construction of the Grundy, Virginia, element of the Levisa
and Tug Forks of the Big Sandy River and Upper Cumberland

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3725

River project, authorized by section 202 of the Energy and Water
Development Appropriation Act, 1981 (94 Stat. 1339), in accordance
with Plan 3A as set forth in the preliminary draft detailed project
report of the Huntington District Commander, dated August 1993.
SEC. 353. HAYSI LAKE, VIRGINIA.

The Haysi Lake, Virginia, feature of the project for flood control,
Tug Fork of the Big Sandy River, Kentucky, West Virginia, and
Virginia, authorized pursuant to section 202(a) of the Energy and
Water Development Appropriation Act, 1981 (94 Stat. 1339), is
modified—
(1) to add recreation and fish and wildlife enhancement
as project purposes;
(2) to direct the Secretary to construct the Haysi Dam
feature of the project substantially in accordance with Plan
A as set forth in the Draft General Plan Supplement Report
for the Levisa Fork Basin, Virginia and Kentucky, dated May
1995;
(3) to direct the Secretary to apply section 103(m) of the
Water Resources Development Act of 1986 (33 U.S.C. 2213(m);
100 Stat. 4087) to the construction of such feature in the
same manner as that section is applied to other projects or
project features constructed pursuant to such section 202(a);
and
(4) to provide for operation and maintenance of recreational
facilities on a reimbursable basis.
SEC. 354. RUDEE INLET, VIRGINIA BEACH, VIRGINIA.

The project for navigation and shoreline protection, Rudee Inlet,
Virginia Beach, Virginia, authorized by section 601(d) of the Water
Resources Development Act of 1986 (100 Stat. 4148), is modified
to authorize the Secretary to continue maintenance of the project
for 50 years beginning on the date of initial construction of the
project. The Federal share of the cost of such maintenance shall
be determined in accordance with title I of the Water Resources
Development Act of 1986 (33 U.S.C. 2211 et seq.).
SEC. 355. VIRGINIA BEACH, VIRGINIA.

(a) ADJUSTMENT OF NON-FEDERAL SHARE.—Notwithstanding
any other provision of law, the non-Federal share of the costs
of the project for beach erosion control and hurricane protection,
Virginia Beach, Virginia, authorized by section 501(a) of the Water
Resources Development Act of 1986 (100 Stat. 4136), shall be
reduced by $3,120,803 or by such amount as is determined by
an audit carried out by the Department of the Army to be due
to the city of Virginia Beach as reimbursement for beach nourishment activities carried out by the city between October 1, 1986,
and September 30, 1993, if the Federal Government has not
reimbursed the city for the activities prior to the date on which
a project cooperation agreement is executed for the project.
(b) EXTENSION OF FEDERAL PARTICIPATION.—
(1) IN GENERAL.—In accordance with section 156 of the
Water Resources Development Act of 1976 (42 U.S.C. 1962d–
5f), the Secretary shall extend Federal participation in the
periodic nourishment of Virginia Beach as authorized by section
101 of the River and Harbor Act of 1954 (68 Stat. 1254) and
modified by section 101 of the River and Harbor Act of 1962
(76 Stat. 1177).

110 STAT. 3726

PUBLIC LAW 104–303—OCT. 12, 1996
(2) DURATION.—Federal participation under paragraph (1)
shall extend until the earlier of—
(A) the end of the 50-year period provided for in section
156 of the Water Resources Development Act of 1976 (42
U.S.C. 1962d–5f); and
(B) the completion of the project for beach erosion
control and hurricane protection, Virginia Beach, Virginia,
as modified by section 102(cc) of the Water Resources
Development Act of 1992 (106 Stat. 4810).

SEC. 356. EAST WATERWAY, WASHINGTON.

The project for navigation, East and West Waterways, Seattle
Harbor, Washington, authorized by the 1st section of the Act entitled ‘‘An Act making appropriations for the construction, repair,
and preservation of certain public works on rivers and harbors,
and for other purposes’’, approved March 2, 1919 (40 Stat. 1285),
is modified to direct the Secretary—
(1) to expedite review of potential deepening of the channel
in the East waterway from Elliott Bay to Terminal 25 to
a depth of up to 51 feet; and
(2) if determined to be feasible, to implement such deepening as part of project maintenance.
In carrying out work authorized by this section, the Secretary
shall coordinate with the Port of Seattle regarding use of Slip
27 as a dredged material disposal area.
SEC. 357. BLUESTONE LAKE, WEST VIRGINIA.

Section 102(ff) of the Water Resources Development Act of
1992 (106 Stat. 4810) is amended by inserting after ‘‘project,’’ the
1st place it appears ‘‘except for that organic matter necessary to
maintain and enhance the biological resources of such waters and
such nonobtrusive items of debris as may not be economically
feasible to prevent being released through such project,’’.
SEC. 358. MOOREFIELD, WEST VIRGINIA.

(a) REVIEW.—The Secretary, as part of the implementation
of the project for flood control, Moorefield, West Virginia, shall
conduct a review of the activities of the Corps of Engineers to
determine whether the failure of the Corps of Engineers to complete
land acquisition for the project by May 1, 1996, contributed to
any flood damages at the town of Moorefield during 1996.
(b) REDUCTION OF NON-FEDERAL SHARE.—To the extent the
Secretary determines under subsection (a) that the activities of
the Corps of Engineers contributed to any flood damages, the Secretary shall reduce the non-Federal share of the flood control project
by up to $700,000. Such costs shall become a Federal responsibility
for carrying out the flood control project.
SEC. 359. SOUTHERN WEST VIRGINIA.

(a) COST SHARING.—Section 340(c)(3) of the Water Resources
Development Act of 1992 (106 Stat. 4856) is amended to read
as follows:
‘‘(3) COST SHARING.—
‘‘(A) IN GENERAL.—Total project costs under each local
cooperation agreement entered into under this subsection
shall be shared at 75 percent Federal and 25 percent nonFederal. The Federal share may be in the form of grants
or reimbursements of project costs.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3727

‘‘(B) CREDIT FOR DESIGN WORK.—The non-Federal
interest shall receive credit for the reasonable costs of
design work completed by such interest prior to entering
into a local cooperation agreement with the Secretary for
a project. The credit for such design work shall not exceed
6 percent of the total construction costs of the project.
‘‘(C) CREDIT FOR INTEREST.—In the event of a delay
in the funding of the non-Federal share of a project that
is the subject of an agreement under this section, the
non-Federal interest shall receive credit for reasonable
interest incurred in providing the non-Federal share of
a project’s cost.
‘‘(D) CREDIT FOR LANDS, EASEMENTS, AND RIGHTS-OFWAY.—The non-Federal interest shall receive credit for
lands, easements, rights-of-way, and relocations toward its
share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction,
operation, and maintenance of such project on publicly
owned or controlled lands), but not to exceed 25 percent
of total project costs.
‘‘(E) OPERATION AND MAINTENANCE.—Operation and
maintenance costs for projects constructed with assistance
provided under this section shall be 100 percent non-Federal.’’.
(b) FUNDING.—Section 340(g) of the Water Resources Development Act of 1992 (106 Stat. 4856) is amended by striking
‘‘$5,000,000’’ and inserting ‘‘$20,000,000’’.
SEC. 360. WEST VIRGINIA TRAILHEAD FACILITIES.

Section 306 of the Water Resources Development Act of 1992
(106 Stat. 4840–4841) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Secretary’’;
and
(2) by adding at the end the following:
‘‘(b) INTERAGENCY AGREEMENT.—The Secretary shall enter into
an interagency agreement with the Federal entity that provided
assistance in the preparation of the study for the purposes of
providing ongoing technical assistance and oversight for the trail
facilities envisioned by the plan developed under this section. The
Federal entity shall provide such assistance and oversight.’’.
SEC. 361. KICKAPOO RIVER, WISCONSIN.

(a) IN GENERAL.—The project for flood control and allied purposes, Kickapoo River, Wisconsin, authorized by section 203 of
the Flood Control Act of 1962 (76 Stat. 1190) and modified by
section 814 of the Water Resources Development Act of 1986 (100
Stat. 4169), is further modified as provided by this section.
(b) TRANSFER OF PROPERTY.—
(1) IN GENERAL.—Subject to the requirements of this subsection, the Secretary shall transfer to the State of Wisconsin,
without consideration, all right, title, and interest of the United
States to the lands described in paragraph (3), including all
works, structures, and other improvements to such lands.
(2) TRANSFER TO SECRETARY OF THE INTERIOR.—Subject
to the requirements of this subsection, on the date of the
transfer under paragraph (1), the Secretary shall transfer to
the Secretary of the Interior, without consideration, all right,
title, and interest of the United States to lands that are culturally

110 STAT. 3728

PUBLIC LAW 104–303—OCT. 12, 1996
and religiously significant sites of the Ho-Chunk Nation
(a federally recognized Indian tribe) and are located within
the lands described in paragraph (3). Such lands shall be
described in accordance with paragraph (4)(C) and may not
exceed a total of 1,200 acres.
(3) LAND DESCRIPTION.—The lands to be transferred pursuant to paragraphs (1) and (2) are the approximately 8,569
acres of land associated with the LaFarge Dam and Lake portion of the project referred to in subsection (a) in Vernon
County, Wisconsin, in the following sections:
(A) Section 31, Township 14 North, Range 1 West
of the 4th Principal Meridian.
(B) Sections 2 through 11, and 16, 17, 20, and 21,
Township 13 North, Range 2 West of the 4th Principal
Meridian.
(C) Sections 15, 16, 21 through 24, 26, 27, 31, and
33 through 36, Township 14 North, Range 2 West of the
4th Principal Meridian.
(4) TERMS AND CONDITIONS.—
(A) HOLD HARMLESS; REIMBURSEMENT OF UNITED
STATES.—The transfer under paragraph (1) shall be made
on the condition that the State of Wisconsin enters into
a written agreement with the Secretary to hold the United
States harmless from all claims arising from or through
the operation of the lands and improvements subject to
the transfer. If title to the lands described in paragraph
(3) is sold or transferred by the State, the State shall
reimburse the United States for the price originally paid
by the United States for purchasing such lands.
(B) IN GENERAL.—The Secretary shall make the transfers under paragraphs (1) and (2) only if on or before
October 31, 1997, the State of Wisconsin enters into and
submits to the Secretary a memorandum of understanding,
as specified in subparagraph (C), with the tribal organization (as defined by section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l))) of
the Ho-Chunk Nation.
(C) MEMORANDUM OF UNDERSTANDING.—The memorandum of understanding referred to in subparagraph (B) shall
contain, at a minimum, the following:
(i) A description of sites and associated lands to
be transferred to the Secretary of the Interior under
paragraph (2).
(ii) An agreement specifying that the lands transferred under paragraphs (1) and (2) shall be preserved
in a natural state and developed only to the extent
necessary to enhance outdoor recreational and educational opportunities.
(iii) An agreement specifying the terms and conditions of a plan for the management of the lands to
be transferred under paragraphs (1) and (2).
(iv) A provision requiring a review of the plan
referred to in clause (iii) to be conducted every 10
years under which the State of Wisconsin, acting
through the Kickapoo Valley Governing Board, and
the Ho-Chunk Nation may agree to revisions to the
plan in order to address changed circumstances on

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3729

the lands transferred under paragraph (2). Such provision may include a plan for the transfer by the State
to the United States of any additional site discovered
to be culturally and religiously significant to the HoChunk Nation.
(v) An agreement preventing or limiting the public
disclosure of the location or existence of each site of
particular cultural or religious significance to the HoChunk Nation if public disclosure would jeopardize
the cultural or religious integrity of the site.
(5) ADMINISTRATION OF LANDS.—The lands transferred to
the Secretary of the Interior under paragraph (2), and any
lands transferred to the Secretary of the Interior under the
memorandum of understanding entered into under paragraph
(4), or under any revision of such memorandum of understanding, shall be held in trust by the United States for, and added
to and administered as part of the reservation of, the HoChunk Nation.
(6) TRANSFER OF FLOWAGE EASEMENTS.—The Secretary
shall transfer to the owner of the servient estate, without
consideration, all right, title, and interest of the United States
in and to each flowage easement acquired as part of the project
referred to in subsection (a) within Township 14 North, Range
2 West of the 4th Principal Meridian, Vernon County, Wisconsin.
(7) DEAUTHORIZATION.—Except as provided in subsection
(c), the LaFarge Dam and Lake portion of the project referred
to in subsection (a) is not authorized after the date of the
transfer under this subsection.
(8) INTERIM MANAGEMENT AND MAINTENANCE.—The Secretary shall continue to manage and maintain the LaFarge
Dam and Lake portion of the project referred to in subsection
(a) until the date of the transfer under this subsection.
(c) COMPLETION OF PROJECT FEATURES.—
(1) REQUIREMENT.—The Secretary shall undertake the
completion of the following features of the project referred
to in subsection (a):
(A) The continued relocation of State highway route
131 and county highway routes P and F substantially in
accordance with plans contained in Design Memorandum
No. 6, Relocation-LaFarge Reservoir, dated June 1970;
except that the relocation shall generally follow the existing
road rights-of-way through the Kickapoo Valley.
(B) Site restoration of abandoned wells, farm sites,
and safety modifications to the water control structures.
(2) ADDITIONAL REQUIREMENTS.—All activities undertaken
pursuant to this subsection shall comply with the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001
et seq.), the Archaeological Resources Protection Act of 1979
(16 U.S.C. 470aa et seq.), the National Historic Preservation
Act (16 U.S.C. 470 et seq.), and any subsequent Federal law
enacted relating to cultural artifacts, human remains, or historic preservation.
(3) PARTICIPATION BY STATE OF WISCONSIN AND THE HOCHUNK NATION.—In undertaking completion of the features
under paragraph (1), the Secretary shall consult with the State

Native
Americans.

110 STAT. 3730

PUBLIC LAW 104–303—OCT. 12, 1996

of Wisconsin and the Ho-Chunk Nation on the location of each
feature.
(d) FUNDING.—There is authorized to be appropriated to carry
out this section $17,000,000.
SEC. 362. TETON COUNTY, WYOMING.

Section 840 of the Water Resources Development Act of 1986
(100 Stat. 4176) is amended—
(1) by striking ‘‘: Provided, That’’ and inserting ‘‘; except
that’’;
(2) by striking ‘‘in cash or materials’’ and inserting ‘‘,
through providing in-kind services or cash or materials,’’; and
(3) by adding at the end the following: ‘‘In carrying out
this section, the Secretary may enter into agreements with
the non-Federal sponsor permitting the non-Federal sponsor
to perform operation and maintenance for the project on a
cost-reimbursable basis.’’.
SEC. 363. PROJECT REAUTHORIZATIONS.

(a) GRAND PRAIRIE REGION AND BAYOU METO BASIN,
ARKANSAS.—The project for flood control, Grand Prairie Region
and Bayou Meto Basin, Arkansas, authorized by section 204 of
the Flood Control Act of 1950 (64 Stat. 174) and deauthorized
pursuant to section 1001(b) of the Water Resources Development
Act of 1986 (33 U.S.C. 579a(b)), is authorized to be carried out
by the Secretary; except that the scope of the project includes
ground water protection and conservation, agricultural water supply, and waterfowl management if the Secretary determines that
the change in the scope of the project is technically sound, environmentally acceptable, and economic, as applicable.
(b) WHITE RIVER, ARKANSAS.—The project for navigation, White
River Navigation to Batesville, Arkansas, authorized by section
601(a) of the Water Resources Development Act of 1986 (100 Stat.
4139) and deauthorized by section 52(b) of the Water Resources
Development Act of 1988 (102 Stat. 4044), is authorized to be
carried out by the Secretary.
(c) DES PLAINES RIVER, ILLINOIS.—The project for wetlands
research, Des Plaines River, Illinois, authorized by section 45 of
the Water Resources Development Act of 1988 (102 Stat. 4041)
and deauthorized pursuant to section 1001(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)), is authorized to be carried out by the Secretary.
(d) ALPENA HARBOR, MICHIGAN.—The project for navigation,
Alpena Harbor, Michigan, authorized by section 301 of the River
and Harbor Act of 1965 (79 Stat. 1090) and deauthorized pursuant
to section 1001(b) of the Water Resources Development Act of
1986 (33 U.S.C. 579a(b)), is authorized to be carried out by the
Secretary.
(e) ONTONAGON HARBOR, ONTONAGON COUNTY, MICHIGAN.—
The project for navigation, Ontonagon Harbor, Ontonagon County,
Michigan, authorized by section 101 of the River and Harbor Act
of 1962 (76 Stat. 1176) and deauthorized pursuant to section 1001(b)
of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)),
is authorized to be carried out by the Secretary.
(f) KNIFE RIVER HARBOR, MINNESOTA.—The project for navigation, Knife River Harbor, Minnesota, authorized by section 100
of the Water Resources Development Act of 1974 (88 Stat. 41)
and deauthorized pursuant to section 1001(b) of the Water

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3731

Resources Development Act of 1986 (33 U.S.C. 579a(b)), is authorized to be carried out by the Secretary.
(g) CLIFFWOOD BEACH, NEW JERSEY.—The project for hurricaneflood protection and beach erosion control on Raritan Bay and
Sandy Hook Bay, New Jersey, authorized by section 203 of the
Flood Control Act of 1962 (76 Stat. 1181) and deauthorized pursuant
to section 1001(b) of the Water Resources Development Act of
1986 (33 U.S.C. 579a(b)), is authorized to be carried out by the
Secretary.
SEC. 364. PROJECT DEAUTHORIZATIONS.

The following projects are not authorized after the date of
the enactment of this Act:
(1) BRANFORD HARBOR, CONNECTICUT.—The 2,267 square
foot portion of the project for navigation in the Branford River,
Branford Harbor, Connecticut, authorized by the 1st section
of the Act entitled ‘‘An Act making appropriations for the
construction, repair, and preservation of certain public works
on rivers and harbors, and for other purposes’’, approved June
13, 1902 (32 Stat. 333), lying shoreward of a line described
as follows: Beginning at a point on the authorized Federal
navigation channel line the coordinates of which are
N156,181.32, E581,572.38, running thence south 70 degrees,
11 minutes, 8 seconds west a distance of 171.58 feet to another
point on the authorized Federal navigation channel line the
coordinates of which are N156,123.16, E581,410.96.
(2) BRIDGEPORT HARBOR, CONNECTICUT.—
(A) ANCHORAGE AREA.—The portion of the project for
navigation, Bridgeport Harbor, Connecticut, authorized by
section 101 of the River and Harbor Act of 1958 (72 Stat.
297), consisting of a 2-acre anchorage area with a depth
of 6 feet at the head of Johnsons River between the Federal
channel and Hollisters Dam.
(B) JOHNSONS RIVER CHANNEL.—The portion of the
project for navigation, Johnsons River Channel, Bridgeport
Harbor, Connecticut, authorized by the 1st section of the
Act entitled ‘‘An Act authorizing the construction, repair,
and preservation of certain public works on rivers and
harbors, and for other purposes’’, approved July 24, 1946
(60 Stat. 634), that is northerly of a line across the Federal
channel the coordinates of which are north 123318.35, east
486301.68, and north 123257.15, east 486380.77.
(3) GUILFORD HARBOR, CONNECTICUT.—The portion of the
project for navigation, Guilford Harbor, Connecticut, authorized
by section 2 of the Act entitled ‘‘An Act authorizing the construction, repair, and preservation of certain public works on rivers
and harbors, and for other purposes’’, approved March 2, 1945
(59 Stat. 13), that consists of the 6-foot deep channel in Sluice
Creek and that is not included in the following description
of the realigned channel: Beginning at a point where the Sluice
Creek Channel intersects with the main entrance channel,
N159194.63, E623201.07, thence running north 24 degrees, 58
minutes, 15.2 seconds west 478.40 feet to a point N159628.31,
E622999.11, thence running north 20 degrees, 18 minutes, 31.7
seconds west 351.53 feet to a point N159957.99, E622877.10,
thence running north 69 degrees, 41 minutes, 37.9 seconds
east 55.00 feet to a point N159977.08, E622928.69, thence

110 STAT. 3732

PUBLIC LAW 104–303—OCT. 12, 1996
turning and running south 20 degrees, 18 minutes, 31.0 seconds
east 349.35 feet to a point N159649.45, E623049.94, thence
turning and running south 24 degrees, 58 minutes, 11.1 seconds
east 341.36 feet to a point N159340.00, E623194.04, thence
turning and running south 90 degrees, 0 minutes, 0 seconds
east 78.86 feet to a point N159340.00, E623272.90.
(4) MYSTIC RIVER, CONNECTICUT.—The following portion of
the project for improving the Mystic River, Connecticut, authorized by the 1st section of the Act entitled ‘‘An Act making
appropriations for the construction, repair, and preservation
of certain public works on rivers and harbors, and for other
purposes’’, approved March 4, 1913 (37 Stat. 802): Beginning
in the 15-foot deep channel at coordinates north 190860.82,
east 814416.20, thence running southeast about 52.01 feet to
the coordinates north 190809.47, east 814424.49, thence running southwest about 34.02 feet to coordinates north 190780.46,
east 814406.70, thence running north about 80.91 feet to the
point of beginning.
(5) NORWALK HARBOR, CONNECTICUT.—
(A) IN GENERAL.—The following portions of projects
for navigation, Norwalk Harbor, Connecticut:
(i) The portion authorized by the 1st section of
the Act entitled ‘‘An Act making appropriations for
the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes’’, approved March 2, 1919 (40 Stat. 1276), that
lies northerly of a line across the Federal channel
having coordinates N104199.72, E417774.12 and
N104155.59, E417628.96.
(ii) The portions of the 6-foot deep East Norwalk
Channel and Anchorage, authorized by section 2 of
the Act entitled ‘‘An Act authorizing the construction,
repair, and preservation of certain public works on
rivers and harbors, and for other purposes’’, approved
March 2, 1945 (59 Stat. 13), that are not included
in the description of the realigned channel and anchorage set forth in subparagraph (B).
(B) DESCRIPTION OF REALIGNED CHANNEL AND ANCHORAGE.—The realigned 6-foot deep East Norwalk Channel
and Anchorage referred to in subparagraph (A)(ii) is
described as follows: Beginning at a point on the East
Norwalk Channel, N95743.02, E419581.37, thence running
northwesterly about 463.96 feet to a point N96197.93,
E419490.18, thence running northwesterly about 549.32
feet to a point N96608.49, E419125.23, thence running
northwesterly about 384.06 feet to a point N96965.94,
E418984.75, thence running northwesterly about 407.26
feet to a point N97353.87, E418860.78, thence running
westerly about 58.26 feet to a point N97336.26, E418805.24,
thence running northwesterly about 70.99 feet to a point
N97390.30, E418759.21, thence running westerly about
71.78 feet to a point on the anchorage limit N97405.26,
E418689.01, thence running southerly along the western
limits of the Federal anchorage in existence on the date
of the enactment of this Act until reaching a point
N95893.74, E419449.17, thence running in a southwesterly

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3733

direction about 78.74 feet to a point on the East Norwalk
Channel N95815.62, E419439.33.
(C) DESIGNATION OF REALIGNED CHANNEL AND ANCHORAGE.—All of the realigned channel shall be redesignated
as an anchorage, with the exception of the portion of the
channel that narrows to a width of 100 feet and terminates
at a line the coordinates of which are N96456.81,
E419260.06 and N96390.37, E419185.32, which shall
remain as a channel.
(6) PATCHOGUE RIVER, WESTBROOK, CONNECTICUT.—
(A) IN GENERAL.—The following portion of the project
for navigation, Patchogue River, Connecticut, authorized
by section 101 of the River and Harbor Act of 1954 (68
Stat. 1249): A portion of the 8-foot deep channel that lies
northwesterly of a line whose coordinates are N161108.83,
E676901.34 and N161246.53, E677103.75. The perimeter
of this area starts at a point with coordinates N161108.83,
E676901.34, thence running north 7 degrees, 50 minutes,
44.2 seconds west 27.91 feet to a point N161136.48,
E676897.53, thence running north 55 degrees, 46 minutes,
23.3 seconds east 190.05 feet to a point N161243.38,
E677054.67, thence running north 86 degrees, 19 minutes,
39.9 seconds east 49.18 feet to a point N161246.53,
E677103.75, thence running south 55 degrees, 46 minutes,
20.8 seconds west 244.81 feet to the point of origin.
(B) REDESIGNATION.—The portion of the project for
navigation, Patchogue River, Connecticut, referred to in
subparagraph (A), which is now part of the 8-foot deep
anchorage lying northwesterly of a line whose coordinates
are N161067.46, E676982.76 and N161173.63, E677138.81,
is redesignated as part of the 8-foot deep channel. The
perimeter of this area starts at a point with coordinates
N161067.46, E676982.76, thence running north 7 degrees,
48 minutes, 40.7 seconds west 5.59 feet to a point
N161073.00, E676982.00, thence running north 55 degrees,
46 minutes, 25.1 seconds east 177.79 feet to a point
N161173.00, E677129.00, thence running north 86 degrees,
19 minutes, 31.8 seconds east 9.83 feet to a point
N161173.63, E677138.81, thence running south 55 degrees,
46 minutes, 12.9 seconds west 188.74 feet to the point
of origin.
(7) SOUTHPORT HARBOR, CONNECTICUT.—
(A) IN GENERAL.—The following portions of the project
for navigation, Southport Harbor, Connecticut, authorized
by the 1st section of the Act entitled ‘‘An Act authorizing
the construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes’’,
approved August 30, 1935 (49 Stat. 1029):
(i) The 6-foot deep anchorage located at the head
of the project.
(ii) The portion of the 9-foot deep channel beginning at a bend in the channel the coordinates of which
are north 109131.16, east 452653.32, running thence
in a northeasterly direction about 943.01 feet to a
point the coordinates of which are north 109635.22,
east 453450.31, running thence in a southeasterly
direction about 22.66 feet to a point the coordinates

110 STAT. 3734

PUBLIC LAW 104–303—OCT. 12, 1996
of which are north 109617.15, east 453463.98, running
thence in a southwesterly direction about 945.18 feet
to the point of beginning.
(B) REMAINDER.—The portion of the project referred
to in subparagraph (A) that is remaining after the
deauthorization made by subparagraph (A) and that is
northerly of a line the coordinates of which are north
108699.15, east 452768.36, and north 108655.66, east
452858.73, is redesignated as an anchorage.
(8) STONY CREEK, CONNECTICUT.—The following portion of
the project for navigation, Stony Creek, Connecticut, authorized
under section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577), located in the 6-foot deep maneuvering basin:
Beginning at coordinates N157,031.91, E599,030.79, thence running northeasterly about 221.16 feet to coordinates
N157,191.06, E599,184.37, thence running northerly about
162.60 feet to coordinates N157,353.56, E599,189.99, thence
running southwesterly about 358.90 feet to the point of beginning.
(9) EAST BOOTHBAY HARBOR, MAINE.—The following portion
of the navigation project for East Boothbay Harbor, Maine,
authorized by the 1st section of the Act entitled ‘‘An Act making
appropriations for the construction, repair, and preservation
of certain public works on rivers and harbors, and for other
purposes’’, approved June 25, 1910 (36 Stat. 657), containing
approximately 1.15 acres and described in accordance with
the Maine State Coordinate System, West Zone:
Beginning at a point noted as point number 6 and shown
as having plan coordinates of North 9, 722, East 9, 909, on
the plan entitled, ‘‘East Boothbay Harbor, Maine, examination,
8-foot area’’, and dated August 9, 1955, Drawing Number F1251
D–6–2, that point having Maine State Coordinate System, West
Zone coordinates of Northing 74514, Easting 698381.
Thence, North 58 degrees, 12 minutes, 30 seconds East
a distance of 120.9 feet to a point.
Thence, South 72 degrees, 21 minutes, 50 seconds East
a distance of 106.2 feet to a point.
Thence, South 32 degrees, 04 minutes, 55 seconds East
a distance of 218.9 feet to a point.
Thence, South 61 degrees, 29 minutes, 40 seconds West
a distance of 148.9 feet to a point.
Thence, North 35 degrees, 14 minutes, 12 seconds West
a distance of 87.5 feet to a point.
Thence, North 78 degrees, 30 minutes, 58 seconds West
a distance of 68.4 feet to a point.
Thence, North 27 degrees, 11 minutes, 39 seconds West
a distance of 157.3 feet to the point of beginning.
(10) KENNEBUNK RIVER, MAINE.—The portion of the project
for navigation, Kennebunk River, Maine, authorized by section
101 of the River and Harbor Act of 1962 (76 Stat. 1173) and
consisting of a 6-foot deep channel that lies northerly of a
line the coordinates of which are N191412.53, E417265.28 and
N191445.83, E417332.48.
(11) YORK HARBOR, MAINE.—The following portions of the
project for navigation, York Harbor, Maine, authorized by section 101 of the River and Harbor Act of 1960 (74 Stat. 480):

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3735

(A) The portion located in the 8-foot deep anchorage
area beginning at coordinates N109340.19, E372066.93,
thence running north 65 degrees, 12 minutes, 10.5 seconds
east 423.27 feet to a point N109517.71, E372451.17, thence
running north 28 degrees, 42 minutes, 58.3 seconds west
11.68 feet to a point N109527.95, E372445.56, thence running south 63 degrees, 37 minutes, 24.6 seconds west
422.63 feet to the point of beginning.
(B) The portion located in the 8-foot deep anchorage
area beginning at coordinates N108557.24, E371645.88,
thence running south 60 degrees, 41 minutes, 17.2 seconds
east 484.51 feet to a point N108320.04, E372068.36, thence
running north 29 degrees, 12 minutes, 53.3 seconds east
15.28 feet to a point N108333.38, E372075.82, thence running north 62 degrees, 29 minutes, 42.1 seconds west
484.73 feet to the point of beginning.
(12) CHELSEA RIVER, BOSTON HARBOR, MASSACHUSETTS.—
The following portion of the project for navigation, Boston Harbor, Massachusetts, authorized by section 101 of the River
and Harbor Act of 1962 (76 Stat. 1173), consisting of a 35foot deep channel in the Chelsea River: Beginning at a point
on the northern limit of the existing project N505357.84,
E724519.19, thence running northeasterly about 384.19 feet
along the northern limit of the existing project to a bend on
the northern limit of the existing project N505526.87,
E724864.20, thence running southeasterly about 368.00 feet
along the northern limit of the existing project to another
point N505404.77, E725211.35, thence running westerly about
594.53 feet to a point N505376.12, E724617.51, thence running
southwesterly about 100.00 feet to the point of origin.
(13) COHASSET HARBOR, MASSACHUSETTS.—The following
portions of the project for navigation, Cohasset Harbor,
Massachusetts, authorized by section 2 of the Act entitled ‘‘An
Act authorizing the construction, repair, and preservation of
certain public works on rivers and harbors, and for other purposes’’, approved March 2, 1945 (59 Stat. 12), and authorized
pursuant to section 107 of the River and Harbor Act of 1960
(33 U.S.C. 577): A 7-foot deep anchorage and a 6-foot deep
anchorage; beginning at site 1, beginning at a point
N453510.15, E792664.63, thence running south 53 degrees 07
minutes 05.4 seconds west 307.00 feet to a point N453325.90,
E792419.07, thence running north 57 degrees 56 minutes 36.8
seconds west 201.00 feet to a point N453432.58, E792248.72,
thence running south 88 degrees 57 minutes 25.6 seconds west
50.00 feet to a point N453431.67, E792198.73, thence running
north 01 degree 02 minutes 52.3 seconds west 66.71 feet to
a point N453498.37, E792197.51, thence running north 69
degrees 12 minutes 52.3 seconds east 332.32 feet to a point
N453616.30, E792508.20, thence running south 55 degrees 50
minutes 24.1 seconds east 189.05 feet to the point of origin;
then site 2, beginning at a point, N452886.64, E791287.83,
thence running south 00 degrees 00 minutes 00.0 seconds west
56.04 feet to a point, N452830.60, E791287.83, thence running
north 90 degrees 00 minutes 00.0 seconds west 101.92 feet
to a point, N452830.60, E791185.91, thence running north 52
degrees 12 minutes 49.7 seconds east 89.42 feet to a point,
N452885.39, E791256.58, thence running north 87 degrees 42

110 STAT. 3736

PUBLIC LAW 104–303—OCT. 12, 1996
minutes 33.8 seconds east 31.28 feet to the point of origin;
and site 3, beginning at a point, N452261.08, E792040.24,
thence running north 89 degrees 07 minutes 19.5 seconds east
118.78 feet to a point, N452262.90, E792159.01, thence running
south 43 degrees 39 minutes 06.8 seconds west 40.27 feet
to a point, N452233.76, E792131.21, thence running north 74
degrees 33 minutes 29.1 seconds west 94.42 feet to a point,
N452258.90, E792040.20, thence running north 01 degree 03
minutes 04.3 seconds east 2.18 feet to the point of origin.
(14) FALMOUTH, MASSACHUSETTS.—
(A) DEAUTHORIZATIONS.—The following portions of the
project for navigation, Falmouth Harbor, Massachusetts,
authorized by section 101 of the River and Harbor Act
of 1948 (62 Stat. 1172):
(i) The portion commencing at a point north
199286.37 east 844394.81 a line running north 73
degrees 09 minutes 29 seconds east 440.34 feet to
a point north 199413.99 east 844816.36, thence turning
and running north 43 degrees 09 minutes 34.5 seconds
east 119.99 feet to a point north 199501.52 east
844898.44, thence turning and running south 66
degrees 52 minutes 03.5 seconds east 547.66 feet
returning to a point north 199286.41 east 844394.91.
(ii) The portion commencing at a point north
199647.41 east 845035.25 a line running north 43
degrees 09 minutes 33.1 seconds east 767.15 feet to
a point north 200207.01 east 845560.00, thence turning
and running north 11 degrees 04 minutes 24.3 seconds
west 380.08 feet to a point north 200580.01 east
845487.00, thence turning and running north 22
degrees 05 minutes 50.8 seconds east 1332.36 feet to
a point north 201814.50 east 845988.21, thence turning
and running north 02 degrees 54 minutes 15.7 seconds
east 15.0 feet to a point north 201829.48 east
845988.97, thence turning and running south 24
degrees 56 minutes 42.3 seconds west 1410.29 feet
returning to the point north 200550.75 east 845394.18.
(B) REDESIGNATION.—The portion of the project for
navigation, Falmouth, Massachusetts, referred to in
subparagraph (A) upstream of a line designated by the
2 points north 199463.18 east 844496.40 and north
199350.36 east 844544.60 is redesignated as an anchorage
area.
(15) MYSTIC RIVER, MASSACHUSETTS.—The following portion
of the project for navigation, Mystic River, Massachusetts,
authorized by section 101 of the River and Harbor Act of
1950 (64 Stat. 164): The 35-foot deep channel beginning at
a point on the northern limit of the existing project,
N506243.78, E717600.27, thence running easterly about
1000.00 feet along the northern limit of the existing project
to a point, N506083.42, E718587.33, thence running southerly
about 40.00 feet to a point, N506043.94, E718580.91, thence
running westerly about 1000.00 feet to a point, N506204.29,
E717593.85, thence running northerly about 40.00 feet to the
point of origin.
(16) RESERVED CHANNEL, BOSTON, MASSACHUSETTS.—The
portion of the project for navigation, Reserved Channel, Boston,

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3737

Massachusetts, authorized by section 101(a)(13) of the Water
Resources Development Act of 1990 (104 Stat. 4607), that consists of a 40-foot deep channel beginning at a point along
the southern limit of the authorized project, N489391.22,
E728246.54, thence running northerly about 54 feet to a point,
N489445.53, E728244.97, thence running easterly about 2,926
feet to a point, N489527.38, E731170.41, thence running southeasterly about 81 feet to a point, N489474.87, E731232.55,
thence running westerly about 2,987 feet to the point of origin.
(17) WEYMOUTH-FORE AND TOWN RIVERS, MASSACHUSETTS.—
The following portions of the project for navigation, WeymouthFore and Town Rivers, Boston Harbor, Massachusetts, authorized by section 301 of the River and Harbor Act of 1965 (79
Stat. 1089):
(A) The 35-foot deep channel beginning at a bend on
the southern limit of the existing project, N457394.01,
E741109.74, thence running westerly about 405.25 feet to
a point, N457334.64, E740708.86, thence running southwesterly about 462.60 feet to another bend in the southern
limit of the existing project, N457132.00, E740293.00,
thence running northeasterly about 857.74 feet along the
southern limit of the existing project to the point of origin.
(B) The 15- and 35-foot deep channels beginning at
a point on the southern limit of the existing project,
N457163.41, E739903.49, thence running northerly about
111.99 feet to a point, N457275.37, E739900.76, thence
running westerly about 692.37 feet to a point N457303.40,
E739208.96, thence running southwesterly about 190.01
feet to another point on the southern limit of the existing
project, N457233.17, E739032.41, thence running easterly
about 873.87 feet along the southern limit of the existing
project to the point of origin.
(18) COCHECO RIVER, NEW HAMPSHIRE.—
(A) IN GENERAL.—The portion of the project for navigation, Cocheco River, New Hampshire, authorized by the
1st section of the Act entitled ‘‘An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other
purposes’’, approved September 19, 1890 (26 Stat. 436),
and consisting of a 7-foot deep channel that lies northerly
of a line the coordinates of which are N255292.31,
E713095.36, and N255334.51, E713138.01.
(B) MAINTENANCE DREDGING.—Not later than 18
months after the date of the enactment of this Act, the
Secretary shall perform maintenance dredging for the
remaining authorized portions of the Federal navigation
channel under the project described in subparagraph (A)
to restore authorized channel dimensions.
(19) MORRISTOWN HARBOR, NEW YORK.—The portion of the
project for navigation, Morristown Harbor, New York, authorized by the 1st section of the Act entitled ‘‘An Act authorizing
the construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes’’, approved
January 21, 1927 (44 Stat. 1014), that lies north of the northern
boundary of Morris Street extended.
(20) OSWEGATCHIE RIVER, OGDENSBURG, NEW YORK.—The
portion of the Federal channel of the project for navigation,

110 STAT. 3738

PUBLIC LAW 104–303—OCT. 12, 1996
Ogdensburg Harbor, New York, authorized by the 1st section
of the Act entitled ‘‘An Act making appropriations for the
construction, repair, and preservation of certain public works
on rivers and harbors, and for other purposes’’, approved June
25, 1910 (36 Stat. 635), and modified by the 1st section of
the Act entitled ‘‘An Act authorizing the construction, repair,
and preservation of certain public works on rivers and harbors,
and for other purposes’’, approved August 30, 1935 (49 Stat.
1037), that is in the Oswegatchie River in Ogdensburg, New
York, from the southernmost alignment of the Route 68 bridge
upstream to the northernmost alignment of the Lake Street
bridge.
(21) CONNEAUT HARBOR, OHIO.—The most southerly 300
feet of the 1,670-foot long Shore Arm of the project for navigation, Conneaut Harbor, Ohio, authorized by the 1st section
of the Act entitled ‘‘An Act making appropriations for the
construction, repair, and preservation of certain public works
on rivers and harbors, and for other purposes’’, approved June
25, 1910 (36 Stat. 653).
(22) LORAIN SMALL BOAT BASIN, LAKE ERIE, OHIO.—The
portion of the Federal navigation channel, Lorain Small Boat
Basin, Lake Erie, Ohio, authorized pursuant to section 107
of the River and Harbor Act of 1960 (33 U.S.C. 577) that
is situated in the State of Ohio, County of Lorain, Township
of Black River and is a part of Original Black River Township
Lot Number 1, Tract Number 1, further known as being submerged lands of Lake Erie owned by the State of Ohio, and
that is more definitely described as follows:
Commencing at a drill hole found on the centerline
of Lakeside Avenue (60 feet in width) at the intersection
of the centerline of the East Shorearm of Lorain Harbor,
that point being known as United States Corps of Engineers
Monument No. 203 (N658012.20, E208953.88).
Thence, in a line north 75 degrees 26 minutes 12
seconds west, a distance of 387.87 feet to a point
(N658109.73, E2089163.47). This point is hereinafter in
this paragraph referred to as the ‘‘principal point of beginning’’.
Thence, north 58 degrees 14 minutes 11 seconds west,
a distance of 50.00 feet to a point (N658136.05,
E2089120.96).
Thence, south 67 degrees 49 minutes 32 seconds west,
a distance of 665.16 feet to a point (N657885.00,
E2088505.00).
Thence, north 88 degrees 13 minutes 52 seconds west,
a distance of 551.38 feet to a point (N657902.02,
E2087953.88).
Thence, north 29 degrees 17 minutes 42 seconds east,
a distance of 114.18 feet to a point (N658001.60,
E2088009.75).
Thence, south 88 degrees 11 minutes 40 seconds east,
a distance of 477.00 feet to a point (N657986.57,
E2088486.51).
Thence, north 68 degrees 11 minutes 06 seconds east,
a distance of 601.95 feet to a point (N658210.26,
E2089045.35).

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110 STAT. 3739

Thence, north 35 degrees 11 minutes 34 seconds east,
a distance of 89.58 feet to a point (N658283.47,
E2089096.98).
Thence, south 20 degrees 56 minutes 30 seconds east,
a distance of 186.03 feet to the principal point of beginning
(N658109.73, E2089163.47) and containing within such
bounds 2.81 acres, more or less, of submerged land.
(23) APPONAUG COVE, RHODE ISLAND.—The following portion of the project for navigation, Apponaug Cove, Rhode Island,
authorized by section 101 of the River and Harbor Act of
1960 (74 Stat. 480), consisting of the 6-foot deep channel: Beginning at a point, N223269.93, E513089.12, thence running northwesterly to a point N223348.31, E512799.54, thence running
southwesterly to a point N223251.78, E512773.41, thence running southeasterly to a point N223178.00, E513046.00, thence
running northeasterly to the point of beginning.
(24) PORT WASHINGTON HARBOR, WISCONSIN.—The following
portion of the navigation project for Port Washington Harbor,
Wisconsin, authorized by the 1st section of the Act entitled
‘‘An Act making appropriations for the repair, preservation,
and completion of certain public works on rivers and harbors,
and for other purposes, for the fiscal year ending June thirtieth,
eighteen hundred and seventy-one’’, approved July 11, 1870
(16 Stat. 223): Beginning at the northwest corner of the project
at Channel Pt. No. 36, of the Federal Navigation Project, Port
Washington Harbor, Ozaukee County, Wisconsin, at coordinates
N513529.68, E2535215.64, thence 188 degrees 31 minutes 59
seconds, a distance of 178.32 feet, thence 196 degrees 47 minutes 17 seconds, a distance of 574.80 feet, thence 270 degrees
58 minutes 25 seconds, a distance of 465.50 feet, thence 178
degrees 56 minutes 17 seconds, a distance of 130.05 feet, thence
87 degrees 17 minutes 05 seconds, a distance of 510.22 feet,
thence 104 degrees 58 minutes 31 seconds, a distance of 178.33
feet, thence 115 degrees 47 minutes 55 seconds, a distance
of 244.15 feet, thence 25 degrees 12 minutes 08 seconds, a
distance of 310.00 feet, thence 294 degrees 46 minutes 50
seconds, a distance of 390.20 feet, thence 16 degrees 56 minutes
16 seconds, a distance of 570.90 feet, thence 266 degrees 01
minutes 25 seconds, a distance of 190.78 feet to Channel Pt.
No. 36, the point of beginning.
SEC. 365. MISSISSIPPI DELTA REGION, LOUISIANA.

The Mississippi Delta Region project, Louisiana, authorized
as part of the project for hurricane-flood protection on Lake Pontchartrain, Louisiana, by section 204 of the Flood Control Act of
1965 (79 Stat. 1077), is modified to direct the Secretary to provide
a credit to the State of Louisiana toward its non-Federal share
of the cost of the project. The credit shall be for the cost incurred
by the State in developing and relocating oyster beds to offset
the adverse impacts on active and productive oyster beds in the
Davis Pond project area. The credit shall be subject to such terms
and conditions as the Secretary deems necessary and shall not
exceed $7,500,000.
SEC. 366. MONONGAHELA RIVER, PENNSYLVANIA.

The Secretary may make available to the Southwestern Pennsylvania Growth Fund (a regional industrial development corporation) at no additional cost to the United States, dredged and
excavated materials resulting from construction of the new gated

110 STAT. 3740

PUBLIC LAW 104–303—OCT. 12, 1996

dam at Braddock, Pennsylvania, as part of the Locks and Dams
2, 3, and 4, Monongahela River, Pennsylvania, navigation project,
to support environmental restoration of the former United States
Steel Duquesne Works brownfield site—
(1) if the Pennsylvania Department of Environmental
Protection issues a ‘‘no further action’’ decision or a mitigation
plan for the site prior to a determination by the District Engineer, Pittsburgh District, that the dredged and excavated materials are available; and
(2) if the Southwestern Pennsylvania Growth Fund agrees
to hold and save the United States free from damages in
connection with use of the dredged and excavated materials,
except for damages due to the fault or negligence of the United
States or its contractors.

TITLE IV—STUDIES
Reports.
33 USC 1263
note.

SEC. 401. CORPS CAPABILITY STUDY, ALASKA.

Not later than 18 months after the date of the enactment
of this Act, the Secretary shall report to Congress on the advisability
and capability of the Corps of Engineers to implement rural sanitation projects for rural and Native villages in Alaska.
SEC. 402. RED RIVER, ARKANSAS.

The Secretary shall—
(1) conduct a study to determine the feasibility of carrying
out a project to permit navigation on the Red River in southwest
Arkansas; and
(2) in conducting the study, analyze economic benefits that
were not included in the limited economic analysis contained
in the reconnaissance report for the project dated November
1995.
SEC. 403. MCDOWELL MOUNTAIN, ARIZONA.

The Secretary shall credit toward the non-Federal share of
the cost of the feasibility study on the McDowell Mountain, Arizona,
project an amount equal to the cost of work performed by the
city of Scottsdale, Arizona, and accomplished prior to the city’s
entering into an agreement with the Secretary if the Secretary
determines that the work is necessary for the study.
SEC. 404. NOGALES WASH AND TRIBUTARIES, ARIZONA.

(a) STUDY.—The Secretary shall conduct a study of the relationship of flooding in Nogales, Arizona, and floodflows emanating
from Mexico.
(b) REPORT.—The Secretary shall transmit to Congress a report
on the results of the study conducted under subsection (a), together
with recommendations concerning the appropriate level of nonFederal participation in the project for flood control, Nogales Wash
and tributaries, Arizona, authorized by section 101(a)(4) of the
Water Resources Development Act of 1990 (104 Stat. 4606).
SEC. 405. GARDEN GROVE, CALIFORNIA.

The Secretary shall conduct a study to assess the feasibility
of implementing improvements in the regional flood control system
within Garden Grove, California.

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110 STAT. 3741

SEC. 406. MUGU LAGOON, CALIFORNIA.

(a) STUDY.—The Secretary shall conduct a study of the environmental impacts associated with sediment transport, floodflows, and
upstream watershed land use practices on Mugu Lagoon, California.
The study shall include an evaluation of alternatives for the restoration of the estuarine ecosystem functions and values associated
with Mugu Lagoon and the endangered and threatened species
inhabiting the area.
(b) CONSULTATION AND COORDINATION.—In conducting the
study, the Secretary shall consult with the Secretary of the Navy
and shall coordinate with State and local resource agencies to
ensure that the study is compatible with restoration efforts for
the Calleguas Creek watershed.
(c) REPORT.—Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit to Congress a report
on the results of the study.
SEC. 407. MURRIETA CREEK, RIVERSIDE COUNTY, CALIFORNIA.

The Secretary shall review the completed feasibility study of
the Riverside County Flood Control and Water Conservation District, including identified alternatives, concerning Murrieta Creek
from Temecula to Wildomar, Riverside County, California, to determine the Federal interest in participating in a project for flood
control.
SEC. 408. PINE FLAT DAM FISH AND WILDLIFE HABITAT RESTORATION,
CALIFORNIA.

The Secretary shall study the advisability of fish and wildlife
habitat improvement measures identified for further study by the
Pine Flat Dam Fish and Wildlife Habitat Restoration Investigation
Reconnaissance Report.
SEC. 409. SANTA YNEZ, CALIFORNIA.

(a) PLANNING.—Not later than 1 year after the date of the
enactment of this Act, the Secretary shall prepare a comprehensive
river basin management plan addressing the long-term ecological,
economic, and flood control needs of the Santa Ynez River Basin,
California. In preparing such plan, the Secretary shall consult with
the Santa Barbara Flood Control District and other affected local
governmental entities.
(b) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to the Santa Barbara Flood Control District with
respect to implementation of the plan to be prepared under subsection (a).
SEC. 410. SOUTHERN CALIFORNIA INFRASTRUCTURE.

(a) ASSISTANCE.—Section 116(d)(1) of the Water Resources
Development Act of 1990 (104 Stat. 4623) is amended—
(1) in the heading of paragraph (1) by inserting ‘‘AND
ASSISTANCE’’ after ‘‘STUDY’’; and
(2) by adding at the end the following: ‘‘In addition, the
Secretary shall provide technical assistance to non-Federal
interests in developing potential infrastructure projects. The
non-Federal share of the cost of the technical assistance shall
be 25 percent.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 116(d)(3) of
such Act is amended by striking ‘‘$1,500,000’’ and inserting
‘‘$3,000,000’’.

110 STAT. 3742

PUBLIC LAW 104–303—OCT. 12, 1996

SEC. 411. STOCKTON, CALIFORNIA.

(a) BEAR CREEK DRAINAGE AND MORMON SLOUGH/CALAVERAS
RIVER.—The Secretary shall conduct a review of the Bear Creek
Drainage, San Joaquin County, California, and the Mormon Slough/
Calaveras River, California, projects for flood control authorized
by section 10 of the Act entitled ‘‘An Act authorizing the construction of certain public works on rivers and harbors for flood control,
and for other purposes’’, approved December 22, 1944 (58 Stat.
901), to develop a comprehensive plan for additional flood damage
reduction measures for the city of Stockton, California, and
surrounding areas.
(b) FARMINGTON DAM, CALIFORNIA.—
(1) CONJUNCTIVE USE STUDY.—The Secretary shall continue
participation in the Stockton, California, Metropolitan Area
Flood Control Study, including an evaluation of the feasibility
of storage of water at Farmington Dam and implementation
of a conjunctive use plan.
(2) CONSULTATION.—In conducting the study, the Secretary
shall consult with the Stockton East Water District concerning
joint operation or potential transfer of Farmington Dam.
(3) REPORT.—Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report
to Congress—
(A) concerning the feasibility of a conjunctive use plan
using Farmington Dam for water storage; and
(B) containing recommendations on facility transfers
and operational alternatives.
(4) WITHOUT PROJECT CONDITION.—In conducting the Stockton, California, Metropolitan Area Flood Control Study, the
Secretary shall consider the physical flood control and water
supply facilities as they existed in January 1996 as the ‘‘without
project’’ condition.
SEC. 412. YOLO BYPASS, SACRAMENTO-SAN JOAQUIN DELTA, CALIFORNIA.

The Secretary shall study the advisability of acquiring land
in the vicinity of the Yolo Bypass in the Sacramento-San Joaquin
Delta, California, for the purpose of environmental mitigation for
the flood control project for Sacramento, California, and other water
resources projects in the area.
SEC. 413. WEST DADE, FLORIDA.

The Secretary shall conduct a reconnaissance study to determine the Federal interest in using the West Dade, Florida, reuse
facility to improve water quality in, and increase the supply of
surface water to, the Everglades in order to enhance fish and
wildlife habitat.
SEC.

414.

SAVANNAH RIVER BASIN
RESOURCES STUDY.

COMPREHENSIVE

WATER

(a) IN GENERAL.—The Secretary shall conduct a comprehensive
study to address the current and future needs for flood damage
prevention and reduction, water supply, and other related water
resources needs in the Savannah River Basin.
(b) SCOPE.—The scope of the study shall be limited to an
analysis of water resources issues that fall within the traditional
civil works mission of the Corps of Engineers.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3743

(c) COORDINATION.—Notwithstanding subsection (b), the Secretary shall ensure that the study is coordinated with the Environmental Protection Agency and the ongoing watershed study of the
Savannah River Basin by the Agency.
SEC. 415. CHAIN OF ROCKS CANAL, ILLINOIS.

The Secretary shall complete a limited reevaluation of the
authorized St. Louis Harbor Project in the vicinity of the Chain
of Rocks Canal, Illinois, consistent with the authorized purposes
of that project, to include evacuation of waters collecting on the
land side of the Chain of Rocks Canal East Levee.
SEC. 416. QUINCY, ILLINOIS.

(a) STUDY.—The Secretary shall study and evaluate the critical
water infrastructure of the Fabius River Drainage District, the
South Quincy Drainage and Levee District, the Sny Island Levee
Drainage District, and the city of Quincy, Illinois—
(1) to determine if additional flood protection needs of
such infrastructure should be identified or implemented;
(2) to develop a definition of critical water infrastructure;
(3) to develop evaluation criteria; and
(4) to enhance existing geographic information system
databases to encompass relevant data that identify critical
water infrastructure for use in emergencies and in routine
operation and maintenance activities.
(b) CONSIDERATION OF OTHER STUDIES.—In conducting the
study under this section, the Secretary shall consider the recommendations of the Interagency Floodplain Management Committee Report, the findings of the Floodplain Management Assessment
of the Upper Mississippi River and Lower Missouri Rivers and
Tributaries, and other relevant studies and findings.
(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit to Congress a report
on the results of the study, together with recommendations regarding each of the objectives of the study described in paragraphs
(1) through (4) of subsection (a).
SEC. 417. SPRINGFIELD, ILLINOIS.

The Secretary shall provide assistance to the city of Springfield,
Illinois, in developing—
(1) an environmental impact statement for the proposed
development of a water supply reservoir, including the preparation of necessary documentation in support of the environmental impact statement; and
(2) an evaluation of the technical, economic, and environmental impacts of such development.
SEC. 418. BEAUTY CREEK WATERSHED, VALPARAISO CITY, PORTER
COUNTY, INDIANA.

The Secretary shall conduct a study to assess the feasibility
of implementing streambank erosion control measures and flood
control measures within the Beauty Creek watershed, Valparaiso
City, Porter County, Indiana.
SEC. 419. GRAND CALUMET RIVER, HAMMOND, INDIANA.

(a) STUDY.—The Secretary shall conduct a study to establish
a methodology and schedule to restore the wetlands at Wolf Lake
and George Lake in Hammond, Indiana.

110 STAT. 3744

PUBLIC LAW 104–303—OCT. 12, 1996

(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit to Congress a report
on the results of the study conducted under subsection (a).
SEC. 420. INDIANA HARBOR CANAL, EAST CHICAGO, LAKE COUNTY,
INDIANA.

The Secretary shall conduct a study of the feasibility of including environmental and recreational features, including a vegetation
buffer, as part of the project for navigation, Indiana Harbor Canal,
East Chicago, Lake County, Indiana, authorized by the 1st section
of the Act entitled ‘‘An Act making appropriations for the construction, repair, and preservation of certain public works on rivers
and harbors, and for other purposes’’, approved June 25, 1910
(36 Stat. 657).
SEC. 421. KOONTZ LAKE, INDIANA.

The Secretary shall conduct a study of the feasibility of
implementing measures to restore Koontz Lake, Indiana, including
measures to remove silt, sediment, nutrients, aquatic growth, and
other noxious materials from Koontz Lake, measures to improve
public access facilities to Koontz Lake, and measures to prevent
or abate the deposit of sediments and nutrients in Koontz Lake.
SEC. 422. LITTLE CALUMET RIVER, INDIANA.

(a) STUDY.—The Secretary shall conduct a study of the impacts
of the project for flood control, Little Calumet River, Indiana,
authorized by section 401(a) of the Water Resources Development
Act of 1986 (100 Stat. 4115), on flooding and water quality in
the vicinity of the Black Oak area of Gary, Indiana.
(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit to Congress a report
on the results of the study conducted under subsection (a), together
with recommendations for cost-effective remediation of impacts
described in subsection (a).
(c) FEDERAL SHARE.—The Federal share of the cost of the
study to be conducted under subsection (a) shall be 100 percent.
SEC. 423. TIPPECANOE RIVER WATERSHED, INDIANA.

(a) STUDY.—The Secretary shall conduct a study of water quality and environmental restoration needs in the Tippecanoe River
watershed, Indiana, including measures necessary to reduce siltation in Lake Shafer and Lake Freeman.
(b) ASSISTANCE.—The Secretary shall provide technical, planning, and design assistance to the Shafer and Freeman Lakes
Environmental Conservation Corporation in addressing potential
environmental restoration activities determined appropriate as a
result of the study conducted under subsection (a).
SEC. 424. CALCASIEU RIVER, HACKBERRY, LOUISIANA.

The Secretary shall incorporate the portion of the Calcasieu
River in the vicinity of Hackberry, Louisiana, as part of the overall
study of the Lake Charles ship channel, bypass channel, and general
anchorage area in Louisiana, to explore the possibility of constructing additional anchorage areas.
SEC. 425. MORGANZA, LOUISIANA, TO GULF OF MEXICO.

(a) STUDY.—
(1) IN GENERAL.—The Secretary shall conduct a study of
the environmental, flood control, and navigational impacts associated

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110 STAT. 3745

with the construction of a lock structure in the Houma
Navigation Canal as an independent feature of the overall
flood damage prevention study being conducted under the
Morganza, Louisiana, to the Gulf of Mexico feasibility study.
(2) CONSIDERATIONS.—In conducting the study under paragraph (1), the Secretary shall—
(A) consult with the South Terrebonne Tidewater
Management and Conservation District and consider the
District’s Preliminary Design Document dated February
1994; and
(B) evaluate the findings of the Louisiana Coastal Wetlands Conservation and Restoration Task Force, established
under the Coastal Wetlands Planning, Protection and Restoration Act (16 U.S.C. 3951 et seq.), relating to the lock
structure.
(b) REPORT.—Not later than 6 months after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study conducted under subsection
(a), together with recommendations for immediate implementation
of the study.
SEC. 426. HURON RIVER, MICHIGAN.

The Secretary shall conduct a study to determine the feasibility
of and need for channel improvements and associated modifications
for the purpose of providing a harbor of refuge at Huron River,
Michigan.
SEC. 427. CITY OF NORTH LAS VEGAS, CLARK COUNTY, NEVADA.

The Secretary shall conduct a reconnaissance study to determine the Federal interest in channel improvements in channel
A of the North Las Vegas Wash in the city of North Las Vegas,
Clark County, Nevada, for the purpose of flood control.
SEC. 428. LOWER LAS VEGAS WASH WETLANDS, CLARK COUNTY,
NEVADA.

The Secretary shall conduct a study to determine the advisability of wetland restoration and the feasibility of erosion control
in the Lower Las Vegas Wash, Nevada.
SEC. 429. NORTHERN NEVADA.

The Secretary shall conduct reconnaissance studies, in the State
of Nevada, of—
(1) the Humboldt River and its tributaries and outlets;
(2) the Truckee River and its tributaries and outlets;
(3) the Carson River and its tributaries and outlets; and
(4) the Walker River and its tributaries and outlets,
in order to determine the Federal interest in flood control, environmental restoration, conservation of fish and wildlife, recreation,
water conservation, water quality, and toxic and radioactive waste.
SEC. 430. SACO RIVER, NEW HAMPSHIRE.

The Secretary shall conduct a study of flooding problems along
the Saco River in Hart’s Location, New Hampshire, for the purpose
of evaluating retaining walls, berms, and other structures with
a view to potential solutions involving repair or replacement of
existing structures. In conducting the study, the Secretary shall
also consider other alternatives for flood damage reduction.

110 STAT. 3746

PUBLIC LAW 104–303—OCT. 12, 1996

SEC. 431. BUFFALO RIVER GREENWAY, NEW YORK.

The Secretary shall conduct a study to determine the feasibility
of a potential greenway trail project along the Buffalo River between
the park system of the city of Buffalo, New York, and Lake Erie.
Such study may include preparation of an integrated plan of development that takes into consideration the adjacent parks, nature
preserves, bikeways, and related recreational facilities.
SEC. 432. COEYMANS, NEW YORK.

The Secretary shall conduct a reconnaissance study to determine the Federal interest in reopening the secondary channel of
the Hudson River in the town of Coeymans, New York, which
has been narrowed by silt as a result of the construction of
Coeymans middle dike by the Corps of Engineers.
SEC. 433. NEW YORK BIGHT AND HARBOR STUDY.
33 USC 2267
note.

Section 326(f) of the Water Resources Development Act of 1992
(106 Stat. 4851) is amended by striking ‘‘$1,000,000’’ and inserting
‘‘$3,000,000’’.
SEC. 434. PORT OF NEWBURGH, NEW YORK.

The Secretary shall conduct a study of the feasibility of carrying
out improvements for navigation at the port of Newburgh, New
York.
SEC. 435. PORT OF NEW YORK-NEW JERSEY NAVIGATION STUDY.

The Secretary shall conduct a comprehensive study of navigation needs at the Port of New York-New Jersey (including the
South Brooklyn Marine and Red Hook Container Terminals, Staten
Island, and adjacent areas) to address improvements, including
deepening of existing channels to depths of 50 feet or greater,
that are required to provide economically efficient and environmentally sound navigation to meet current and future requirements.
SEC. 436. SHINNECOCK INLET, NEW YORK.

Not later than 2 years after the date of the enactment of
this Act, the Secretary shall conduct a reconnaissance study in
Shinnecock Inlet, New York, to determine the feasibility of constructing a sand bypass system, or other appropriate alternative,
for the purposes of allowing sand to flow in its natural east-towest pattern and preventing the further erosion of the beaches
west of the inlet and the shoaling of the inlet.
SEC. 437. CHAGRIN RIVER, OHIO.

The Secretary shall conduct a study of flooding problems along
the Chagrin River in Eastlake, Ohio. In conducting such study,
the Secretary shall evaluate potential solutions to flooding from
all sources, including that resulting from ice jams, and shall evaluate the feasibility of a sedimentation collection pit and other potential measures to reduce flooding.
SEC. 438. CUYAHOGA RIVER, OHIO.

The Secretary shall conduct a study to evaluate the integrity
of the bulkhead system located on the Federal channel along the
Cuyahoga River in the vicinity of Cleveland, Ohio, and shall provide
to the non-Federal interest an analysis of costs and repairs of
the bulkhead system.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3747

SEC. 439. COLUMBIA SLOUGH, OREGON.

Not later than 2 years after the date of the enactment of
this Act, the Secretary, in consultation with the Administrator
of the Environmental Protection Agency, shall complete a feasibility
study for the ecosystem restoration project at Columbia Slough,
Oregon.
SEC. 440. CHARLESTON, SOUTH CAROLINA.

The Secretary shall conduct a study of the Charleston estuary
area located in Charleston, Berkeley, and Dorchester Counties,
South Carolina, for the purpose of evaluating environmental conditions in the tidal reaches of the Ashley, Cooper, Stono, and Wando
Rivers and the lower portions of Charleston Harbor.
SEC. 441. OAHE DAM TO LAKE SHARPE, SOUTH DAKOTA.

The Secretary shall investigate potential solutions to the recurring flooding and related problems in the vicinity of Pierre and
Ft. Pierre, South Dakota, caused by sedimentation in Lake Sharpe.
The potential solutions to be investigated shall include lowering
of the lake level and sediment agitation to allow for resuspension
and movement of the sediment. The investigation shall include
development of a comprehensive solution which includes consideration of structural and nonstructural measures upstream from the
lake consisting of land treatment, sediment retention structures,
and such other measures as the Secretary determines to be appropriate.
SEC. 442. MUSTANG ISLAND, CORPUS CHRISTI, TEXAS.

The Secretary shall conduct a study of navigation along the
south-central coast of Texas near Corpus Christi for the purpose
of determining the feasibility of constructing and maintaining the
Packery Channel on the southern portion of Mustang Island.
SEC. 443. PRINCE WILLIAM COUNTY, VIRGINIA.

The Secretary shall conduct a study of flooding, erosion, and
other water resources problems in Prince William County, Virginia,
including an assessment of wetland protection, erosion control, and
flood damage reduction needs of the county.
SEC. 444. PACIFIC REGION.

The Secretary may conduct studies in the interest of navigation
in that part of the Pacific region that includes American Samoa,
Guam, and the Commonwealth of the Northern Mariana Islands.
SEC. 445. FINANCING OF INFRASTRUCTURE NEEDS OF SMALL AND
MEDIUM PORTS.

(a) STUDY.—The Secretary shall study the feasibility of alternative financing mechanisms for ensuring adequate funding for
the infrastructure needs of small and medium ports.
(b) MECHANISMS TO BE STUDIED.—Mechanisms to be studied
under subsection (a) shall include the establishment of revolving
loan funds.
(c) REPORT.—Not later than 6 months after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report containing the results of the study conducted under subsection (a).

110 STAT. 3748

PUBLIC LAW 104–303—OCT. 12, 1996

SEC. 446. EVALUATION OF BEACH MATERIAL.

(a) IN GENERAL.—The Secretary and the Secretary of the
Interior shall evaluate procedures and requirements used in the
selection and approval of materials to be used in the restoration
and nourishment of beaches. Such evaluation shall address the
potential effects of changing existing procedures and requirements
on the implementation of beach restoration and nourishment
projects and on the aquatic environment.
(b) CONSULTATION.—In conducting the evaluation under this
section, the Secretaries shall consult with appropriate Federal and
State agencies.
(c) REPORT.—Not later than 6 months after the date of the
enactment of this Act, the Secretaries shall transmit a report to
Congress on their findings under this section.
(d) EFFECT ON AUTHORITY OF SECRETARY OF THE INTERIOR.—
Nothing in this section is intended to affect the authority of the
Secretary of the Interior under section 8(k) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(k)).

TITLE V—MISCELLANEOUS PROVISIONS
SEC. 501. LAND CONVEYANCES.

(a) VILLAGE CREEK, ALABAMA.—
(1) IN GENERAL.—Upon a determination by the Secretary
that construction of facilities associated with a commercial
enterprise is not inconsistent with the operation of the project
for flood control, Village Creek, Alabama, authorized by section
410(a) of the Water Resources Development Act of 1986 (100
Stat. 4111), the non-Federal interest with respect to the project
may sell to private interests a parcel of land consisting of
approximately 18 acres for the purpose of constructing facilities
associated with a commercial enterprise.
(2) LAND DESCRIPTION.—The land to be conveyed under
paragraph (1) shall consist of approximately 43 individual tracts
that are bounded on the west by Coosa Street, on the south
by 16th Avenue North, on the east by Tallapoosa Street, and
on the north by the northern boundary of lands acquired for
the project.
(3) FACILITIES.—The facilities shall be constructed in
accordance with local floodplain ordinances and shall not
increase flood risks of other residents in the Village Creek
floodplain.
(4) REIMBURSEMENT.—The non-Federal interest shall
reimburse the Secretary the Federal cost of acquiring the lands
to be conveyed, including relocation assistance, demolition of
structures, and administrative costs.
(5) REMAINING LANDS.—All remaining lands acquired for
the Village Creek flood control project shall remain in public
ownership and shall be used solely for recreation purposes
or maintained as open space.
(b) OAKLAND INNER HARBOR TIDAL CANAL PROPERTY, CALIFORNIA.—Section 205 of the Water Resources Development Act of 1990
(104 Stat. 4633) is amended—
(1) by inserting after paragraph (2) the following:
‘‘(3) To adjacent land owners, the United States title to
all or portions of that part of the Oakland Inner Harbor Tidal

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3749

Canal that are located within the boundaries of the city in
which such canal rests. Such conveyance shall be at fair market
value.’’;
(2) by inserting after ‘‘right-of-way’’ the following: ‘‘or other
rights considered necessary by the Secretary’’; and
(3) by adding at the end the following: ‘‘The conveyances
and processes involved shall be at no cost to the United States.’’.
(c) MARIEMONT, OHIO.—
(1) IN GENERAL.—The Secretary shall convey to the village
of Mariemont, Ohio, at fair market value all right, title, and
interest of the United States in and to a parcel of land (including improvements to the parcel) under the jurisdiction of the
Corps of Engineers, known as the ‘‘Ohio River Division Laboratory’’, and described in paragraph (4).
(2) TERMS AND CONDITIONS.—The conveyance under paragraph (1) shall be subject to such terms and conditions as
the Secretary considers necessary and appropriate to protect
the interests of the United States.
(3) PROCEEDS.—All proceeds from the conveyance under
paragraph (1) shall be deposited in the general fund of the
Treasury of the United States and credited as miscellaneous
receipts.
(4) PROPERTY DESCRIPTION.—The parcel of land referred
to in paragraph (1) is the parcel situated in the State of Ohio,
County of Hamilton, Township 4, Fractional Range 2, Miami
Purchase, Columbia Township, Section 15, being parts of Lots
5 and 6 of the subdivision of the dower tract of the estate
of Joseph Ferris as recorded in Plat Book 4, Page 112, of
the Plat Records of Hamilton County, Ohio, Recorder’s Office,
and more particularly described as follows:
Beginning at an iron pin set to mark the intersection
of the easterly line of Lot 5 of said subdivision of said
dower tract with the northerly line of the right-of-way
of the Norfolk and Western Railway Company as shown
in Plat Book 27, Page 182, Hamilton County, Ohio, Surveyor’s Office.
Thence with said northerly right-of-way line south 70
degrees, 10 minutes, 13 seconds west 258.52 feet to a
point.
Thence leaving the northerly right-of-way of the Norfolk and Western Railway Company north 18 degrees, 22
minutes, 02 seconds west 302.31 feet to a point in the
south line of Mariemont Avenue.
Thence along said south line north 72 degrees, 34
minutes, 35 seconds east 167.50 feet to a point.
Thence leaving the south line of Mariemont Avenue
north 17 degrees, 25 minutes, 25 seconds west 49.00 feet
to a point.
Thence north 72 degrees, 34 minutes, 35 seconds east
100.00 feet to a point.
Thence south 17 degrees, 25 minutes, 25 seconds east
49.00 feet to a point.
Thence north 72 degrees, 34 minutes, 35 seconds east
238.90 feet to a point.
Thence south 00 degrees, 52 minutes, 07 seconds east
297.02 feet to a point in the northerly line of the Norfolk
and Western Railway Company.

110 STAT. 3750

PUBLIC LAW 104–303—OCT. 12, 1996
Thence with said northerly right-of-way south 70
degrees, 10 minutes, 13 seconds west 159.63 feet to a
point of beginning, containing 3.22 acres, more or less.
(d) PIKE ISLAND LOCKS AND DAM, OHIO.—
(1) IN GENERAL.—Subject to this subsection, the Secretary
shall convey by quitclaim deed to the city of Steubenville,
Ohio, all right, title, and interest of the United States in and
to the approximately 12 acres of land located at the Pike
Island Locks and Dam, together with any improvements on
the land.
(2) TERMS AND CONDITIONS.—The conveyance by the United
States under this subsection shall be subject to such terms
and conditions as the Secretary considers appropriate to protect
the interests of the United States.
(3) LEGAL DESCRIPTION OF REAL PROPERTY AND PAYMENT
OF COSTS.—The exact acreage and legal description of the real
property described in paragraph (1) shall be determined by
a survey that is satisfactory to the Secretary. The cost of
the survey shall be borne by the city of Steubenville. The
city shall also be responsible for any other costs associated
with the conveyance authorized by this subsection.
(4) CONSIDERATION OF CERTAIN PROPERTIES.—Properties to
be conveyed under this subsection that will be retained in
public ownership and used for public park and recreation or
other public purposes shall be conveyed without consideration.
If any such property is no longer used for public park and
recreation or other public purposes, title to such property shall
revert to the Secretary.
(e) SHENANGO RIVER LAKE PROJECT, OHIO.—
(1) IN GENERAL.—Subject to this subsection, the Secretary
shall convey by quitclaim deed to the Kinsman Township,
Trumbull County, Ohio, all right, title, and interest of the
United States in and to a parcel of land located at the Shenango
River Lake project consisting of approximately 1 acre, together
with any improvements on the land.
(2) TERMS AND CONDITIONS.—The conveyance by the United
States under this subsection shall be subject to such terms
and conditions as the Secretary considers appropriate to protect
the interests of the United States.
(3) LEGAL DESCRIPTION OF REAL PROPERTY AND PAYMENT
OF COSTS.—The exact acreage and legal description of the real
property described in paragraph (1) shall be determined by
a survey that is satisfactory to the Secretary. The cost of
the survey shall be borne by the Kinsman Township. The
township shall also be responsible for any other costs associated
with the conveyance authorized by this subsection.
(4) CONSIDERATION OF CERTAIN PROPERTIES.—Properties to
be conveyed under this subsection that will be retained in
public ownership and used for public park and recreation or
other public purposes shall be conveyed without consideration.
If any such property is no longer used for public park and
recreation or other public purposes, title to such property shall
revert to the Secretary.
(f) EUFAULA LAKE, OKLAHOMA.—
(1) IN GENERAL.—The Secretary shall convey to the city
of Eufaula, Oklahoma, all right, title, and interest of the United

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3751

States in and to a parcel of land consisting of approximately
12.5 acres located at the Eufaula Lake project.
(2) CONSIDERATION.—Consideration for the conveyance
under paragraph (1) shall be the fair market value of the
parcel (as determined by the Secretary) and payment of all
costs of the United States in making the conveyance, including
the costs of—
(A) the surveys required under paragraphs (3) and
(4);
(B) any other necessary survey or survey
monumentation;
(C) compliance with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(D) any coordination necessary with respect to requirements relating to endangered species, cultural resources,
and clean air (including the costs of agency consultation
and public hearings).
(3) LAND SURVEYS.—The exact acreage and description of
the parcel to be conveyed under paragraph (1) shall be determined by such surveys as the Secretary considers necessary.
Such surveys shall be carried out to the satisfaction of the
Secretary.
(4) ENVIRONMENTAL BASELINE SURVEY.—Prior to making
the conveyance under paragraph (1), the Secretary shall conduct
an environmental baseline survey to determine the levels of
any contamination (as of the date of the survey) for which
the United States would be responsible under the Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) and any other applicable
law.
(5) CONDITIONS CONCERNING RIGHTS AND EASEMENT.—The
conveyance under paragraph (1) shall be subject to existing
rights and to retention by the United States of a flowage
easement over all portions of the parcel that lie at or below
the flowage easement contour for the Eufaula Lake project.
(6) OTHER TERMS AND CONDITIONS.—The conveyance under
paragraph (1) shall be subject to such other terms and conditions as the Secretary considers necessary and appropriate
to protect the interests of the United States.
(g) BOARDMAN, OREGON.—
(1) IN GENERAL.—The Secretary shall convey to the city
of Boardman, Oregon, all right, title, and interest of the United
States in and to a parcel of land consisting of approximately
141 acres acquired as part of the John Day Lock and Dam
project in the vicinity of such city currently under lease to
the Boardman Park and Recreation District.
(2) CONSIDERATION.—
(A) PARK AND RECREATION PROPERTIES.—Properties to
be conveyed under this subsection that will be retained
in public ownership and used for public park and recreation
purposes shall be conveyed without consideration. If any
such property is no longer used for public park and recreation purposes, title to such property shall revert to the
Secretary.
(B) OTHER PROPERTIES.—Properties to be conveyed
under this subsection and not described in subparagraph
(A) shall be conveyed at fair market value.

110 STAT. 3752

PUBLIC LAW 104–303—OCT. 12, 1996
(3) CONDITIONS CONCERNING RIGHTS AND EASEMENT.—The
conveyance of properties under this subsection shall be subject
to existing first rights of refusal regarding acquisition of the
properties and to retention of a flowage easement over portions
of the properties that the Secretary determines to be necessary
for operation of the project.
(4) OTHER TERMS AND CONDITIONS.—The conveyance of
properties under this subsection shall be subject to such other
terms and conditions as the Secretary considers necessary and
appropriate to protect the interests of the United States.
(h) BENBROOK LAKE, TEXAS.—
(1) IN GENERAL.—The Secretary shall convey all right, title,
and interest of the United States in and to a parcel of real
property located at Longhorn Park, also known as ‘‘Pecan Valley
Park’’, Benbrook Lake, Benbrook, Texas, consisting of approximately 50 acres.
(2) CONSIDERATION.—Consideration for the conveyance
under paragraph (1) shall be the fair market value of the
real property as determined by the Secretary. All costs associated with the conveyance under paragraph (1) and such other
costs as the Secretary considers appropriate shall be borne
by the purchaser.
(3) DESCRIPTION OF PROPERTY.—The exact acreage and
legal description of the parcel of real property to be conveyed
under paragraph (1) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne
by the purchaser.
(4) ADDITIONAL TERMS.—The Secretary may require such
additional terms and conditions in connection with the conveyance under paragraph (1) as the Secretary considers appropriate to protect the interests of the United States.
(5) COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY
ACT.—Prior to the conveyance of property under paragraph
(1), the Secretary shall ensure that the conveyance complies
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(i) TRI-CITIES AREA, WASHINGTON.—
(1) GENERAL AUTHORITY.—As soon as practicable after the
date of the enactment of this Act, the Secretary shall make
the conveyances to the local governments referred to in paragraph (2) of all right, title, and interest of the United States
in and to the property described in paragraph (2).
(2) PROPERTY DESCRIPTIONS.—
(A) BENTON COUNTY, WASHINGTON.—The property to
be conveyed pursuant to paragraph (1) to Benton County,
Washington, is the property in such county that is designated ‘‘Area D’’ on Exhibit A to Army Lease No. DACW–
68–1–81–43.
(B) FRANKLIN COUNTY, WASHINGTON.—The property to
be conveyed pursuant to paragraph (1) to Franklin County,
Washington, is—
(i) the 105.01 acres of property leased pursuant
to Army Lease No. DACW–68–1–77–20 as executed
by Franklin County, Washington, on April 7, 1977;
(ii) the 35 acres of property leased pursuant to
Supplemental Agreement No. 1 to Army Lease No.
DACW–68–1–77–20;

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3753

(iii) the 20 acres of property commonly known
as ‘‘Richland Bend’’, which is designated by the shaded
portion of Lot 1, Section 11, and the shaded portion
of Lot 1, Section 12, Township 9 North, Range 28
East, W.M. on Exhibit D to Supplemental Agreement
No. 2 to Army Lease No. DACW–68–1–77–20;
(iv) the 7.05 acres of property commonly known
as ‘‘Taylor Flat’’, which is designated by the shaded
portion of Lot 1, Section 13, Township 11 North, Range
28 East, W.M. on Exhibit D to Supplemental Agreement No. 2 to Army Lease No. DACW–68–1–77–20;
(v) the 14.69 acres of property commonly known
as ‘‘Byers Landing’’, which is designated by the shaded
portion of Lots 2 and 3, Section 2, Township 10 North,
Range 28 East, W.M. on Exhibit D to Supplemental
Agreement No. 2 to Army Lease No. DACW–68–1–
77–20; and
(vi) all levees within Franklin County, Washington,
as of the date of the enactment of this Act, and the
property on which the levees are situated.
(C) CITY OF KENNEWICK, WASHINGTON.—The property
to be conveyed pursuant to paragraph (1) to the city of
Kennewick, Washington, is the property in the city that
is subject to the Municipal Sublease Agreement entered
into on April 6, 1989, between Benton County, Washington,
and the cities of Kennewick and Richland, Washington.
(D) CITY OF RICHLAND, WASHINGTON.—The property
to be conveyed pursuant to paragraph (1) to the city of
Richland, Washington, is the property in the city that
is subject to the Municipal Sublease Agreement entered
into on April 6, 1989, between Benton County, Washington,
and the cities of Kennewick and Richland, Washington.
(E) CITY OF PASCO, WASHINGTON.—The property to be
conveyed pursuant to paragraph (1) to the city of Pasco,
Washington, is—
(i) the property in the city of Pasco, Washington,
that is leased pursuant to Army Lease No. DACW–
68–1–77–10; and
(ii) all levees in the city, as of the date of the
enactment of this Act, and the property on which the
levees are situated.
(F) PORT OF PASCO, WASHINGTON.—The property to be
conveyed pursuant to paragraph (1) to the Port of Pasco,
Washington, is—
(i) the property owned by the United States that
is south of the Burlington Northern Railroad tracks
in Lots 1 and 2, Section 20, Township 9 North, Range
31 East, W.M.; and
(ii) the property owned by the United States that
is south of the Burlington Northern Railroad tracks
in Lots 1, 2, 3, and 4, in each of Sections 21, 22,
and 23, Township 9 North, Range 31 East, W.M.
(G) ADDITIONAL PROPERTIES.—In addition to properties
described in subparagraphs (A) through (F), the Secretary
may convey to a local government referred to in subparagraphs (A) through (F) such properties under the jurisdiction of the Secretary in the Tri-Cities area as the Secretary

110 STAT. 3754

PUBLIC LAW 104–303—OCT. 12, 1996
and the local government agree are appropriate for conveyance.
(3) TERMS AND CONDITIONS.—
(A) IN GENERAL.—The conveyances under paragraph
(1) shall be subject to such terms and conditions, including
payment of reasonable administrative costs, as the Secretary considers necessary and appropriate to protect the
interests of the United States.
(B) SPECIAL RULE FOR FRANKLIN COUNTY.—The property described in paragraph (2)(B)(vi) shall be conveyed
only after Franklin County, Washington, has entered into
a written agreement with the Secretary that provides that
the United States shall continue to operate and maintain
the flood control drainage areas and pump stations on
the property conveyed and that the United States shall
be provided all easements and rights necessary to carry
out that agreement.
(C) SPECIAL RULE FOR CITY OF PASCO.—The property
described in paragraph (2)(E)(ii) shall be conveyed only
after the city of Pasco, Washington, has entered into a
written agreement with the Secretary that provides that
the United States shall continue to operate and maintain
the flood control drainage areas and pump stations on
the property conveyed and that the United States shall
be provided all easements and rights necessary to carry
out that agreement.
(D) CONSIDERATION.—
(i) PARK AND RECREATION PROPERTIES.—Properties
to be conveyed under this subsection that will be
retained in public ownership and used for public park
and recreation purposes shall be conveyed without
consideration. If any such property is no longer used
for public park and recreation purposes, title to such
property shall revert to the Secretary.
(ii) OTHER PROPERTIES.—Properties to be conveyed
under this subsection and not described in clause (i)
shall be conveyed at fair market value.
(4) LAKE WALLULA LEVEES.—
(A) DETERMINATION OF MINIMUM SAFE HEIGHT.—
(i) CONTRACT.—Not later than 30 days after the
date of the enactment of this Act, the Secretary shall
contract with a private entity agreed to under clause
(ii) to determine, within 6 months after that date,
the minimum safe height for the levees of the project
for flood control, Lake Wallula, Washington. The Secretary shall have final approval of the minimum safe
height.
(ii) AGREEMENT OF LOCAL OFFICIALS.—A contract
shall be entered into under clause (i) only with a
private entity agreed to by the Secretary, appropriate
representatives of Franklin County, Washington, and
appropriate representatives of the city of Pasco,
Washington.
(B) AUTHORITY.—A local government may reduce, at
its cost, the height of any levee of the project for flood
control, Lake Wallula, Washington, within the boundaries
of the area under the jurisdiction of such local government

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3755

to a height not lower than the minimum safe height determined pursuant to subparagraph (A).
(j) APPLICABILITY OF OTHER LAWS.—Any contract for sale, deed,
or other transfer of real property under this section shall be carried
out in compliance with all applicable provisions of section 120(h)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)) and other environmental
laws.
SEC. 502. NAMINGS.

(a) MILT BRANDT VISITORS CENTER, CALIFORNIA.—
(1) DESIGNATION.—The visitors center at Warm Springs
Dam, California, authorized by section 203 of the Flood Control
Act of 1962 (76 Stat. 1192), shall be known and designated
as the ‘‘Milt Brandt Visitors Center’’.
(2) LEGAL REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States
to the visitors center referred to in paragraph (1) shall be
deemed to be a reference to the ‘‘Milt Brandt Visitors Center’’.
(b) CARR CREEK LAKE, KENTUCKY.—
(1) DESIGNATION.—Carr Fork Lake in Knott County, Kentucky, authorized by section 203 of the Flood Control Act of
1962 (76 Stat. 1188), shall be known and designated as ‘‘Carr
Creek Lake’’.
(2) LEGAL REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States
to the lake referred to in paragraph (1) shall be deemed to
be a reference to ‘‘Carr Creek Lake’’.
(c) JOHN T. MYERS LOCK AND DAM, INDIANA AND KENTUCKY.—
(1) DESIGNATION.—Uniontown Lock and Dam, on the Ohio
River, Indiana and Kentucky, shall be known and designated
as the ‘‘John T. Myers Lock and Dam’’.
(2) LEGAL REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States
to the lock and dam referred to in paragraph (1) shall be
deemed to be a reference to the ‘‘John T. Myers Lock and
Dam’’.
(d) J. EDWARD ROUSH LAKE, INDIANA.—
(1) REDESIGNATION.—The lake on the Wabash River in
Huntington and Wells Counties, Indiana, authorized by section
203 of the Flood Control Act of 1958 (72 Stat. 312), and known
as Huntington Lake, shall be known and designated as the
‘‘J. Edward Roush Lake’’.
(2) LEGAL REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States
to the lake referred to in paragraph (1) shall be deemed to
be a reference to the ‘‘J. Edward Roush Lake’’.
(e) RUSSELL B. LONG LOCK AND DAM, RED RIVER WATERWAY,
LOUISIANA.—
(1) DESIGNATION.—Lock and Dam 4 of the Red River Waterway, Louisiana, shall be known and designated as the ‘‘Russell
B. Long Lock and Dam’’.
(2) LEGAL REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States
to the lock and dam referred to in paragraph (1) shall be
deemed to be a reference to the ‘‘Russell B. Long Lock and
Dam’’.

110 STAT. 3756

PUBLIC LAW 104–303—OCT. 12, 1996
(f) LOCKS AND DAMS ON TENNESSEE-TOMBIGBEE WATERWAY.—
(1) DESIGNATIONS.—The following locks, and locks and
dams, on the Tennessee-Tombigbee Waterway, located in the
States of Alabama, Kentucky, Mississippi, and Tennessee, are
designated as follows:
(A) Gainesville Lock and Dam at Mile 266 designated
as Howell Heflin Lock and Dam.
(B) Columbus Lock and Dam at Mile 335 designated
as John C. Stennis Lock and Dam.
(C) The lock and dam at Mile 358 designated as
Aberdeen Lock and Dam.
(D) Lock A at Mile 371 designated as Amory Lock.
(E) Lock B at Mile 376 designated as Glover Wilkins
Lock.
(F) Lock C at Mile 391 designated as Fulton Lock.
(G) Lock D at Mile 398 designated as John Rankin
Lock.
(H) Lock E at Mile 407 designated as G.V. ‘‘Sonny’’
Montgomery Lock.
(I) Bay Springs Lock and Dam at Mile 412 designated
as Jamie Whitten Lock and Dam.
(2) LEGAL REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States
to a lock, or lock and dam, referred to in paragraph (1) shall
be deemed to be a reference to the designation for the lock,
or lock and dam, provided in such paragraph.

SEC. 503. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.

(a) IN GENERAL.—The Secretary may provide technical, planning, and design assistance to non-Federal interests for carrying
out watershed management, restoration, and development projects
at the locations described in subsection (d).
(b) SPECIFIC MEASURES.—Assistance provided under subsection
(a) may be in support of non-Federal projects for the following
purposes:
(1) Management and restoration of water quality.
(2) Control and remediation of toxic sediments.
(3) Restoration of degraded streams, rivers, wetlands, and
other waterbodies to their natural condition as a means to
control flooding, excessive erosion, and sedimentation.
(4) Protection and restoration of watersheds, including
urban watersheds.
(5) Demonstration of technologies for nonstructural measures to reduce destructive impacts of flooding.
(c) NON-FEDERAL SHARE.—The non-Federal share of the cost
of assistance provided under subsection (a) shall be 50 percent.
(d) PROJECT LOCATIONS.—The Secretary may provide assistance
under subsection (a) for projects at the following locations:
(1) Gila River and Tributaries, Santa Cruz River, Arizona.
(2) Rio Salado, Salt River, Phoenix and Tempe, Arizona.
(3) Colusa basin, California.
(4) Los Angeles River watershed, California.
(5) Napa Valley watershed, California.
(6) Russian River watershed, California.
(7) Sacramento River watershed, California.
(8) San Pablo Bay watershed, California.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3757

(9) Santa Clara Valley watershed, California.
(10) Nancy Creek, Utoy Creek, and North Peachtree Creek
and South Peachtree Creek basin, Georgia.
(11) Lower Platte River watershed, Nebraska.
(12) Juniata River watershed, Pennsylvania, including
Raystown Lake.
(13) Upper Potomac River watershed, Grant and Mineral
Counties, West Virginia.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $15,000,000.
SEC. 504. ENVIRONMENTAL INFRASTRUCTURE.

Section 219 of the Water Resources Development Act of 1992
(106 Stat. 4836–4837) is amended by adding at the end the following:
‘‘(e) AUTHORIZATION OF APPROPRIATIONS FOR CONSTRUCTION
ASSISTANCE.—There are authorized to be appropriated for providing
construction assistance under this section—
‘‘(1) $10,000,000 for the project described in subsection
(c)(5);
‘‘(2) $2,000,000 for the project described in subsection (c)(6);
‘‘(3) $10,000,000 for the project described in subsection
(c)(7);
‘‘(4) $11,000,000 for the project described in subsection
(c)(8);
‘‘(5) $20,000,000 for the project described in subsection
(c)(16); and
‘‘(6) $20,000,000 for the project described in subsection
(c)(17).’’.
SEC. 505. CORPS CAPABILITY TO CONSERVE FISH AND WILDLIFE.

Section 704(b) of the Water Resources Development Act of
1986 (33 U.S.C. 2263(b); 100 Stat. 4157) is amended—
(1) by striking ‘‘$5,000,000’’; and inserting ‘‘$7,000,000’’;
and
(2) in paragraph (4) by inserting ‘‘and Virginia’’ after ‘‘Maryland’’.
SEC. 506. PERIODIC BEACH NOURISHMENT.

(a) IN GENERAL.—The Secretary shall carry out periodic beach
nourishment for each of the following projects for a period of 50
years beginning on the date of initiation of construction of the
project:
(1) BROWARD COUNTY, FLORIDA.—Project for shoreline
protection, segments II and III, Broward County, Florida.
(2) FORT PIERCE, FLORIDA.—Project for shoreline protection,
Fort Pierce, Florida.
(3) PANAMA CITY BEACHES, FLORIDA.—Project for shoreline
protection, Panama City Beaches, Florida.
(4) TYBEE ISLAND, GEORGIA.—Project for beach erosion control, Tybee Island, Georgia.
(b) PERIODIC BEACH NOURISHMENT SUBJECT TO REVIEW.—
(1) REVIEW.—Not later than 6 months after the date of
the enactment of this Act, the Secretary shall complete a review
of potential periodic beach nourishment for each of the projects
described in paragraph (3) in accordance with the procedures
established under section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f; 90 Stat. 2933).

110 STAT. 3758

PUBLIC LAW 104–303—OCT. 12, 1996
(2) AUTHORIZATION.—If the Secretary determines under
paragraph (1) that periodic beach nourishment is necessary
for a project, the Secretary shall carry out periodic beach
nourishment for the project for a period of 50 years beginning
on the date of initiation of construction of the project.
(3) PROJECTS.—The projects referred to in paragraph (1)
are as follows:
(A) LEE COUNTY, FLORIDA.—Project for shoreline protection, Lee County, Captiva Island segment, Florida.
(B) PALM BEACH COUNTY, FLORIDA.—Project for shoreline protection, Jupiter/Carlin, Ocean Ridge, and Boca
Raton North Beach segments, Palm Beach County, Florida.
(C) RARITAN BAY AND SANDY HOOK BAY, NEW JERSEY.—
Project for hurricane-flood protection, Raritan Bay and
Sandy Hook Bay, New Jersey.
(D) FIRE ISLAND INLET, NEW YORK.—Project for shoreline protection, Fire Island Inlet, New York, between Gilgo
State Park and Tobay Beach to protect Ocean Parkway
along the Atlantic Ocean shoreline in Suffolk County, New
York.

SEC. 507. DESIGN AND CONSTRUCTION ASSISTANCE.

The Secretary shall provide design and construction assistance
to non-Federal interests for each of the following projects if the
Secretary determines that the project is feasible:
(1) Repair and rehabilitation of the Lower Girard Lake
Dam, Girard, Ohio, at an estimated total cost of $2,500,000.
(2) Construction of a multipurpose dam and reservoir, Bear
Valley Dam, Franklin County, Pennsylvania, at an estimated
total cost of $15,000,000.
(3) Repair and upgrade of the dam and appurtenant features at Lake Merriweather, Little Calfpasture River, Virginia,
at an estimated total cost of $6,000,000.
SEC. 508. LAKES PROGRAM.

Section 602(a) of the Water Resources Development Act of
1986 (100 Stat. 4148–4149) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11)
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(12) Goodyear Lake, Otsego County, New York, removal
of silt and aquatic growth;
‘‘(13) Otsego Lake, Otsego County, New York, removal of
silt and aquatic growth and measures to address high nutrient
concentration;
‘‘(14) Oneida Lake, Oneida County, New York, removal
of silt and aquatic growth;
‘‘(15) Skaneateles and Owasco Lakes, New York, removal
of silt and aquatic growth and prevention of sediment deposit;
and
‘‘(16) Twin Lakes, Paris, Illinois, removal of silt and excess
aquatic vegetation, including measures to address excessive
sedimentation, high nutrient concentration, and shoreline erosion.’’.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3759

SEC. 509. MAINTENANCE OF NAVIGATION CHANNELS.

(a) IN GENERAL.—Upon request of the non-Federal interest,
the Secretary shall be responsible for maintenance of the following
navigation channels constructed or improved by non-Federal
interests if the Secretary determines that such maintenance is
economically justified and environmentally acceptable and that the
channel was constructed in accordance with applicable permits
and appropriate engineering and design standards:
(1) Humboldt Harbor and Bay, Fields Landing Channel,
California.
(2) Mare Island Strait, California. For purposes of this
section, the navigation channel shall be deemed to have been
constructed or improved by non-Federal interests.
(3) East Fork, Calcasieu Pass, Louisiana.
(4) Mississippi River Ship Channel, Chalmette Slip, Louisiana.
(5) Greenville Inner Harbor Channel, Mississippi.
(6) New Madrid Harbor, Missouri. For purposes of this
section, the navigation channel shall be deemed to have been
constructed or improved by non-Federal interests.
(7) Providence Harbor Shipping Channel, Rhode Island,
from the vicinity of the Fox Point hurricane barrier to the
vicinity of the Francis Street bridge in Providence, Rhode
Island. For purposes of this section, the navigation channel
shall be deemed to have been constructed or improved by nonFederal interests.
(8) Matagorda Ship Channel, Point Comfort Turning Basin,
Texas.
(9) Corpus Christi Ship Channel, Rincon Canal System,
Texas.
(10) Brazos Island Harbor, Texas, connecting channel to
Mexico.
(11) Blair Waterway, Tacoma Harbor, Washington.
(b) COMPLETION OF ASSESSMENT.—Not later than 6 months
after receipt of a request from a non-Federal interest for Federal
assumption of maintenance of a channel listed in subsection (a),
the Secretary shall make a determination as provided in subsection
(a) and advise the non-Federal interest of the Secretary’s determination.
SEC. 510. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND
PROTECTION PROGRAM.

(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary shall establish a pilot program to provide environmental assistance to non-Federal
interests in the Chesapeake Bay watershed.
(2) FORM.—The assistance shall be in the form of design
and construction assistance for water-related environmental
infrastructure and resource protection and development projects
affecting the Chesapeake Bay estuary, including projects for
sediment and erosion control, protection of eroding shorelines,
protection of essential public works, wastewater treatment and
related facilities, water supply and related facilities, and beneficial uses of dredged material, and other related projects that
may enhance the living resources of the estuary.

110 STAT. 3760

State listing.

PUBLIC LAW 104–303—OCT. 12, 1996

(b) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a project under this section only if the project
is publicly owned, and will be publicly operated and maintained.
(c) LOCAL COOPERATION AGREEMENT.—
(1) IN GENERAL.—Before providing assistance under this
section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with the assistance.
(2) REQUIREMENTS.—Each local cooperation agreement
entered into under this subsection shall provide for—
(A) the development by the Secretary, in consultation
with appropriate Federal, State, and local officials, of a
facilities or resource protection and development plan,
including appropriate engineering plans and specifications
and an estimate of expected resource benefits; and
(B) the establishment of such legal and institutional
structures as are necessary to ensure the effective longterm operation and maintenance of the project by the nonFederal interest.
(d) COST SHARING.—
(1) FEDERAL SHARE.—Except as provided in paragraph
(2)(B), the Federal share of the total project costs of each
local cooperation agreement entered into under this section
shall be 75 percent.
(2) NON-FEDERAL SHARE.—
(A) VALUE OF LANDS, EASEMENTS, RIGHTS-OF-WAY, AND
RELOCATIONS.—In determining the non-Federal contribution toward carrying out a local cooperation agreement
entered into under this section, the Secretary shall provide
credit to a non-Federal interest for the value of lands,
easements, rights-of-way, and relocations provided by the
non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed
25 percent of the total project costs.
(B) OPERATION AND MAINTENANCE COSTS.—The nonFederal share of the costs of operation and maintenance
of activities carried out under an agreement under this
section shall be 100 percent.
(e) COOPERATION.—In carrying out this section, the Secretary
shall cooperate with the heads of appropriate Federal agencies,
including—
(1) the Administrator of the Environmental Protection
Agency;
(2) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration;
(3) the Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service; and
(4) the heads of such other Federal agencies and agencies
of a State or political subdivision of a State as the Secretary
determines to be appropriate.
(f) PROJECT.—The Secretary shall establish at least 1 project
under this section in each of the States of Maryland, Virginia,
and Pennsylvania.
(g) PROTECTION OF RESOURCES.—A project established under
this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3761

(h) REPORT.—Not later than December 31, 1998, the Secretary
shall transmit to Congress a report on the results of the program
carried out under this section, together with a recommendation
concerning whether or not the program should be implemented
on a national basis.
(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000.
SEC. 511. RESEARCH AND DEVELOPMENT PROGRAM TO IMPROVE
SALMON SURVIVAL.

16 USC 3301
note.

(a) SALMON SURVIVAL ACTIVITIES.—
(1) IN GENERAL.—The Secretary shall accelerate ongoing
research and development activities, and may carry out or
participate in additional research and development activities,
for the purpose of developing innovative methods and technologies for improving the survival of salmon, especially salmon
in the Columbia River Basin.
(2) ACCELERATED ACTIVITIES.—Accelerated research and
development activities referred to in paragraph (1) may include
research and development related to—
(A) impacts from water resources projects and other
impacts on salmon life cycles;
(B) juvenile and adult salmon passage;
(C) light and sound guidance systems;
(D) surface-oriented collector systems;
(E) transportation mechanisms; and
(F) dissolved gas monitoring and abatement.
(3) ADDITIONAL ACTIVITIES.—Additional research and development activities referred to in paragraph (1) may include
research and development related to—
(A) marine mammal predation on salmon;
(B) studies of juvenile salmon survival in spawning
and rearing areas;
(C) estuary and near-ocean juvenile and adult salmon
survival;
(D) impacts on salmon life cycles from sources other
than water resources projects; and
(E) other innovative technologies and actions intended
to improve fish survival, including the survival of resident
fish.
(4) COORDINATION.—The Secretary shall coordinate any
activities carried out under this subsection with appropriate
Federal, State, and local agencies, affected Indian tribes, and
the Northwest Power Planning Council.
(5) REPORT.—Not later than 3 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on the research and development activities carried
out under this subsection, including any recommendations of
the Secretary concerning the research and development activities.
(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $10,000,000 to carry out research and
development activities under paragraph (3).
(b) ADVANCED TURBINE DEVELOPMENT.—
(1) IN GENERAL.—In conjunction with the Secretary of
Energy, the Secretary shall accelerate efforts toward developing
innovative, efficient, and environmentally safe hydropower turbines,

110 STAT. 3762

PUBLIC LAW 104–303—OCT. 12, 1996

including design of ‘‘fish-friendly’’ turbines, for use on
the Columbia River hydrosystem.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $12,000,000 to carry out this subsection.
(c) IMPLEMENTATION.—Nothing in this section affects the
authority of the Secretary to implement the results of the research
and development carried out under this section or any other law.
SEC. 512. COLUMBIA RIVER TREATY FISHING ACCESS.

Section 401(a) of the Act entitled ‘‘An Act to establish procedures for review of tribal constitutions and bylaws or amendments
thereto pursuant to the Act of June 18, 1934 (48 Stat. 987)’’,
approved November 1, 1988 (102 Stat. 2944), is amended—
(1) by striking ‘‘(a) All Federal’’ and all that follows through
‘‘Columbia River Gorge Commission’’ and inserting the following:
‘‘(a) EXISTING FEDERAL LANDS.—
‘‘(1) IN GENERAL.—All Federal lands that are included
within the 20 recommended treaty fishing access sites set forth
in the publication of the Corps of Engineers entitled ‘Columbia
River Treaty Fishing Access Sites Post Authorization Change
Report’, dated April 1995,’’; and
(2) by adding at the end the following:
‘‘(2) BOUNDARY ADJUSTMENTS.—The Secretary of the Army,
in consultation with affected tribes, may make such minor
boundary adjustments to the lands referred to in paragraph
(1) as the Secretary determines are necessary to carry out
this title.’’.
33 USC 1293a
note.

SEC. 513. GREAT LAKES CONFINED DISPOSAL FACILITIES.

(a) ASSESSMENT.—Pursuant to the responsibilities of the Secretary under section 123 of the River and Harbor Act of 1970
(33 U.S.C. 1293a), the Secretary shall conduct an assessment of
the general conditions of confined disposal facilities in the Great
Lakes.
(b) REPORT.—Not later than 3 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the assessment conducted under subsection (a), including the following:
(1) A description of the cumulative effects of confined disposal facilities in the Great Lakes.
(2) Recommendations for specific remediation actions for
each confined disposal facility in the Great Lakes.
(3) An evaluation of, and recommendations for, confined
disposal facility management practices and technologies to conserve capacity at such facilities and to minimize adverse
environmental effects at such facilities throughout the Great
Lakes system.
SEC. 514. GREAT LAKES DREDGED MATERIAL TESTING AND EVALUATION MANUAL.

The Secretary, in cooperation with the Administrator of the
Environmental Protection Agency, shall provide technical assistance
to non-Federal interests on testing procedures contained in the
Great Lakes Dredged Material Testing and Evaluation Manual
developed pursuant to section 230.2(c) of title 40, Code of Federal
Regulations.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3763

SEC. 515. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT
REMEDIATION.

Section 401 of the Water Resources Development Act of 1990
(33 U.S.C. 1268 note; 104 Stat. 4644) is amended to read as follows:
‘‘SEC. 401. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT
REMEDIATION.

‘‘(a) GREAT LAKES REMEDIAL ACTION PLANS.—
‘‘(1) IN GENERAL.—The Secretary may provide technical,
planning, and engineering assistance to State and local governments and nongovernmental entities designated by a State
or local government in the development and implementation
of remedial action plans for Areas of Concern in the Great
Lakes identified under the Great Lakes Water Quality Agreement of 1978.
‘‘(2) NON-FEDERAL SHARE.—Non-Federal interests shall
contribute, in cash or by providing in-kind contributions, 50
percent of costs of activities for which assistance is provided
under paragraph (1).
‘‘(b) SEDIMENT REMEDIATION PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary, in consultation with the
Administrator of the Environmental Protection Agency (acting
through the Great Lakes National Program Office), may conduct
pilot- and full-scale projects of promising technologies to remediate contaminated sediments in freshwater coastal regions in
the Great Lakes basin. The Secretary shall conduct not fewer
than 3 full-scale projects under this subsection.
‘‘(2) SITE SELECTION FOR PROJECTS.—In selecting the sites
for the technology projects, the Secretary shall give priority
consideration to Saginaw Bay, Michigan, Sheboygan Harbor,
Wisconsin, Grand Calumet River, Indiana, Ashtabula River,
Ohio, Buffalo River, New York, and Duluth-Superior Harbor,
Minnesota and Wisconsin.
‘‘(3) DEADLINE FOR IDENTIFICATIONS.—The Secretary
shall—
‘‘(A) not later than 18 months after the date of the
enactment of this paragraph, identify the sites and technologies for projects under this subsection; and
‘‘(B) not later than 3 years after that date, complete
each such full-scale project.
‘‘(4) NON-FEDERAL SHARE.—Non-Federal interests shall
contribute 50 percent of costs of projects under this subsection.
Such costs may be paid in cash or by providing in-kind contributions.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$5,000,000 for each of fiscal years 1998 through 2000.’’.
SEC. 516. SEDIMENT MANAGEMENT.

(a) IN GENERAL.—The Secretary may enter into cooperation
agreements with non-Federal interests with respect to navigation
projects, or other appropriate non-Federal entities, for the development of long-term management strategies for controlling sediments
at such projects.
(b) CONTENTS OF STRATEGIES.—Each strategy developed under
subsection (a) shall—

State listing.

33 USC 2326b.

110 STAT. 3764

PUBLIC LAW 104–303—OCT. 12, 1996

(1) include assessments of sediment rates and composition,
sediment reduction options, dredging practices, long-term
management of any dredged material disposal facilities, remediation of such facilities, and alternative disposal and reuse
options;
(2) include a timetable for implementation of the strategy;
and
(3) incorporate relevant ongoing planning efforts, including
remedial action planning, dredged material management planning, harbor and waterfront development planning, and watershed management planning.
(c) CONSULTATION.—In developing strategies under subsection
(a), the Secretary shall consult with interested Federal agencies,
States, and Indian tribes and provide an opportunity for public
comment.
(d) DREDGED MATERIAL DISPOSAL.—
(1) STUDY.—The Secretary shall conduct a study to determine the feasibility of constructing and operating an underwater confined dredged material disposal site in the Port of
New York-New Jersey that could accommodate as much as
250,000 cubic yards of dredged material for the purpose of
demonstrating the feasibility of an underwater confined disposal pit as an environmentally suitable method of containing
certain sediments.
(2) REPORT.—The Secretary shall transmit to Congress a
report on the results of the study conducted under paragraph
(1), together with any recommendations of the Secretary that
may be developed in a strategy under subsection (a).
(e) GREAT LAKES TRIBUTARY MODEL.—
(1) IN GENERAL.—In consultation and coordination with
the Great Lakes States, the Secretary shall develop a tributary
sediment transport model for each major river system or set
of major river systems depositing sediment into a Great Lakes
federally authorized commercial harbor, channel maintenance
project site, or Area of Concern identified under the Great
Lakes Water Quality Agreement of 1978. Such model may
be developed as a part of a strategy developed under subsection
(a).
(2) REQUIREMENTS FOR MODELS.—In developing a tributary
sediment transport model under this subsection, the Secretary
shall build on data and monitoring information generated in
earlier studies and programs of the Great Lakes and their
tributaries.
(f) GREAT LAKES STATES DEFINED.—In this section, the term
‘‘Great Lakes States’’ means the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$5,000,000 for each of fiscal years 1998 through 2001.
33 USC 653a.

SEC. 517. EXTENSION OF JURISDICTION OF MISSISSIPPI RIVER
COMMISSION.

The jurisdiction of the Mississippi River Commission, established by the 1st section of the Act of June 28, 1879 (33 U.S.C.
641; 21 Stat. 37), is extended to include—
(1) all of the area between the eastern side of the Bayou
Lafourche Ridge from Donaldsonville, Louisiana, to the Gulf

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3765

of Mexico and the west guide levee of the Mississippi River
from Donaldsonville, Louisiana, to the Gulf of Mexico;
(2) Alexander County, Illinois; and
(3) the area in the State of Illinois from the confluence
of the Mississippi and Ohio Rivers northward to the vicinity
of Mississippi River mile 39.5, including the Len Small Drainage and Levee District, insofar as such area is affected by
the flood waters of the Mississippi River.
SEC. 518. SENSE OF CONGRESS REGARDING ST. LAWRENCE SEAWAY
TOLLS.

It is the sense of Congress that the President should engage
in negotiations with the Government of Canada for the purposes
of—
(1) eliminating tolls along the St. Lawrence Seaway system;
and
(2) identifying ways to maximize the movement of goods
and commerce through the St. Lawrence Seaway.
SEC. 519. RECREATION PARTNERSHIP INITIATIVE.

(a) IN GENERAL.—The Secretary shall promote Federal, nonFederal, and private sector cooperation in creating public recreation
opportunities and developing the necessary supporting infrastructure at water resources projects of the Corps of Engineers.
(b) INFRASTRUCTURE IMPROVEMENTS.—
(1) RECREATION INFRASTRUCTURE IMPROVEMENTS.—In
determining the feasibility of the public-private cooperative
under subsection (a), the Secretary shall provide such infrastructure improvements as are necessary to support a potential
private recreational development at the Raystown Lake Project,
Pennsylvania, generally in accordance with the Master Plan
Update (1994) for the project.
(2) AGREEMENT.—The Secretary shall enter into an agreement with an appropriate non-Federal public entity to ensure
that the infrastructure improvements constructed by the Secretary on non-project lands pursuant to paragraph (1) are transferred to and operated and maintained by the non-Federal
public entity.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $3,000,000.
(c) REPORT.—Not later than December 31, 1998, the Secretary
shall transmit to Congress a report on the results of the cooperative
efforts carried out under this section, including the improvements
required by subsection (b).
SEC. 520. FIELD OFFICE HEADQUARTERS FACILITIES.

Subject to amounts being made available in advance in appropriations Acts, the Secretary may use Plant Replacement and
Improvement Program funds to design and construct a new headquarters facility for—
(1) the New England Division, Waltham, Massachusetts;
and
(2) the Jacksonville District, Jacksonville, Florida.
SEC. 521. EARTHQUAKE PREPAREDNESS CENTER OF EXPERTISE
EXPANSION.

Using existing resources, the Secretary shall expand the Earthquake Preparedness Center of Expertise to address issues in the

33 USC 2328
note.

110 STAT. 3766

PUBLIC LAW 104–303—OCT. 12, 1996

central United States by providing the necessary capability at an
existing district office of the Corps of Engineers near the New
Madrid fault.
SEC. 522. JACKSON COUNTY, ALABAMA.

(a) IN GENERAL.—The Secretary may provide technical, planning, and design assistance to non-Federal interests for wastewater
treatment and related facilities, remediation of point and nonpoint
sources of pollution and contaminated riverbed sediments, and
related activities in Jackson County, Alabama, including the city
of Stevenson.
(b) COST SHARING.—The Federal cost of assistance provided
under this section may not exceed $3,000,000. The non-Federal
share of assistance provided under this section shall be 25 percent.
SEC. 523. BENTON AND WASHINGTON COUNTIES, ARKANSAS.

Section 220 of the Water Resources Development Act of 1992
(106 Stat. 4836–4837) is amended by adding at the end the following:
‘‘(c) USE OF FEDERAL FUNDS.—The Secretary may make available to the non-Federal interests funds not to exceed an amount
equal to the Federal share of the total project cost to be used
by the non-Federal interests to undertake the work directly or
by contract.’’.
SEC. 524. HEBER SPRINGS, ARKANSAS.
Contracts.

(a) IN GENERAL.—The Secretary shall enter into an agreement
with the city of Heber Springs, Arkansas, to provide 3,522 acrefeet of water supply storage in Greers Ferry Lake, Arkansas, for
municipal and industrial purposes, at no cost to the city.
(b) NECESSARY FACILITIES.—The city of Heber Springs shall
be responsible for 100 percent of the costs of construction, operation,
and maintenance of any intake, transmission, treatment, or distribution facility necessary for utilization of the water supply.
(c) ADDITIONAL WATER SUPPLY STORAGE.—Any additional water
supply storage required after the date of the enactment of this
Act shall be contracted for and reimbursed by the city of Heber
Springs, Arkansas.
SEC. 525. MORGAN POINT, ARKANSAS.

The Secretary shall accept as in-kind contributions for the
project for creation of fish and wildlife habitat at Morgan Point,
Arkansas—
(1) the items described as fish and wildlife facilities and
land in the Morgan Point Bendway Closure Structure modification report for the project, dated February 1994; and
(2) fish stocking activities carried out by the non-Federal
interests for the project;
if the Secretary determines that the items and activities are compatible with the project.
SEC. 526. CALAVERAS COUNTY, CALIFORNIA.

(a) TECHNICAL ASSISTANCE.—The Secretary may provide technical assistance to non-Federal interests, in cooperation with Federal and State agencies, for reclamation and water quality
protection projects for the purpose of abating and mitigating surface
water quality degradation caused by abandoned mines in the watershed of the lower Mokelume River in Calaveras County, California.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3767

(b) CONSULTATION WITH FEDERAL ENTITIES.—Any project under
subsection (a) that is located on lands owned by the United States
shall be undertaken in consultation with the Federal entity with
administrative jurisdiction over such lands.
(c) FEDERAL SHARE.—The Federal share of the cost of the
activities conducted under subsection (a) shall be 50 percent; except
that, with respect to projects located on lands owned by the United
States, the Federal share shall be 100 percent.
(d) EFFECT ON AUTHORITY OF SECRETARY OF THE INTERIOR.—
Nothing in this section is intended to affect the authority of the
Secretary of the Interior under title IV of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.).
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $1,500,000.
SEC. 527. FAULKNER ISLAND, CONNECTICUT.

In consultation with the Director of the United States Fish
and Wildlife Service, the Secretary shall design and construct shoreline protection measures for the coastline adjacent to the Faulkner
Island Lighthouse, Connecticut, at a total cost of $4,500,000.
SEC. 528. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.

(a) DEFINITIONS.—In this section, the following definitions
apply:
(1) CENTRAL AND SOUTHERN FLORIDA PROJECT.—The term
‘‘Central and Southern Florida Project’’ means the project for
Central and Southern Florida authorized under the heading
‘‘CENTRAL AND SOUTHERN FLORIDA’’ in section 203 of the Flood
Control Act of 1948 (62 Stat. 1176), and any modification to
the project authorized by law.
(2) COMMISSION.—The term ‘‘Commission’’ means the Governor’s Commission for a Sustainable South Florida, established
by Executive Order of the Governor dated March 3, 1994.
(3) GOVERNOR.—The term ‘‘Governor’’ means the Governor
of the State of Florida.
(4) SOUTH FLORIDA ECOSYSTEM.—The term ‘‘South Florida
ecosystem’’ means the area consisting of the lands and waters
within the boundary of the South Florida Water Management
District, including the Everglades, the Florida Keys, and the
contiguous near-shore coastal waters of South Florida.
(5) TASK FORCE.—The term ‘‘Task Force’’ means the South
Florida Ecosystem Restoration Task Force established by subsection (f).
(b) RESTORATION ACTIVITIES.—
(1) COMPREHENSIVE PLAN.—
(A) DEVELOPMENT.—
(i) PURPOSE.—The Secretary shall develop, as
expeditiously as practicable, a proposed comprehensive
plan for the purpose of restoring, preserving, and
protecting the South Florida ecosystem. The comprehensive plan shall provide for the protection of
water quality in, and the reduction of the loss of fresh
water from, the Everglades. The comprehensive plan
shall include such features as are necessary to provide
for the water-related needs of the region, including
flood control, the enhancement of water supplies, and

110 STAT. 3768

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PUBLIC LAW 104–303—OCT. 12, 1996
other objectives served by the Central and Southern
Florida Project.
(ii) CONSIDERATIONS.—The comprehensive plan
shall—
(I) be developed by the Secretary in cooperation with the non-Federal project sponsor and in
consultation with the Task Force; and
(II) consider the conceptual framework specified in the report entitled ‘‘Conceptual Plan for
the Central and Southern Florida Project
Restudy’’, published by the Commission and
approved by the Governor.
(B) SUBMISSION.—Not later than July 1, 1999, the Secretary shall—
(i) complete the feasibility phase of the Central
and Southern Florida Project comprehensive review
study as authorized by section 309(l) of the Water
Resources Development Act of 1992 (106 Stat. 4844),
and by 2 resolutions of the Committee on Public Works
and Transportation of the House of Representatives,
dated September 24, 1992; and
(ii) submit to Congress the plan developed under
subparagraph (A)(i) consisting of a feasibility report
and a programmatic environmental impact statement
covering the proposed Federal action set forth in the
plan.
(C) ADDITIONAL STUDIES AND ANALYSES.—Notwithstanding the completion of the feasibility report under
subparagraph (B), the Secretary shall continue to conduct
such studies and analyses as are necessary, consistent
with subparagraph (A)(i).
(2) USE OF EXISTING AUTHORITY FOR UNCONSTRUCTED
PROJECT FEATURES.—The Secretary shall design and construct
any features of the Central and Southern Florida Project that
are authorized on the date of the enactment of this Act or
that may be implemented in accordance with the Secretary’s
authority to modify an authorized project, including features
authorized under sections 315 and 316, with funds that are
otherwise available, if the Secretary determines that the design
and construction—
(A) will accelerate the restoration, preservation, and
protection of the South Florida ecosystem;
(B) will be generally consistent with the conceptual
framework described in paragraph (1)(A)(ii)(II); and
(C) will be compatible with the overall authorized purposes of the Central and Southern Florida Project.
(3) CRITICAL RESTORATION PROJECTS.—
(A) IN GENERAL.—In addition to the activities described
in paragraphs (1) and (2), if the Secretary, in cooperation
with the non-Federal project sponsor and the Task Force,
determines that a restoration project for the South Florida
ecosystem will produce independent, immediate, and
substantial restoration, preservation, and protection benefits, and will be generally consistent with the conceptual
framework described in paragraph (1)(A)(ii)(II), the Secretary shall proceed expeditiously with the implementation
of the restoration project.

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110 STAT. 3769

(B) INITIATION OF PROJECTS.—After September 30,
1999, no new projects may be initiated under subparagraph
(A).
(C) AUTHORIZATION OF APPROPRIATIONS.—
(i) IN GENERAL.—There is authorized to be appropriated to the Department of the Army to pay the
Federal share of the cost of carrying out projects under
subparagraph (A) $75,000,000 for the period consisting
of fiscal years 1997 through 1999.
(ii) FEDERAL SHARE.—The Federal share of the
cost of carrying out any 1 project under subparagraph
(A) shall be not more than $25,000,000.
(4) GENERAL PROVISIONS.—
(A) WATER QUALITY.—In carrying out activities
described in this subsection and sections 315 and 316,
the Secretary—
(i) shall take into account the protection of water
quality by considering applicable State water quality
standards; and
(ii) may include in projects such features as are
necessary to provide water to restore, preserve, and
protect the South Florida ecosystem.
(B) COMPLIANCE WITH APPLICABLE LAW.—In carrying
out the activities described in this subsection and subsection (c), the Secretary shall comply with any applicable
Federal law, including the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(C) PUBLIC PARTICIPATION.—In developing the comprehensive plan under paragraph (1) and carrying out the
activities described in this subsection and subsection (c),
the Secretary shall provide for public review and comment
on the activities in accordance with applicable Federal
law.
(c) INTEGRATION OF OTHER ACTIVITIES.—
(1) IN GENERAL.—In carrying out activities described in
subsection (b), the Secretary shall integrate such activities with
ongoing Federal and State projects and activities, including—
(A) the project for the ecosystem restoration of the
Kissimmee River, Florida, authorized by section 101 of
the Water Resources Development Act of 1992 (106 Stat.
4802);
(B) the project for modifications to improve water deliveries into Everglades National Park authorized by section
104 of the Everglades National Park Protection and Expansion Act of 1989 (16 U.S.C. 410r–8);
(C) activities under the Florida Keys National Marine
Sanctuary and Protection Act (16 U.S.C. 1433 note; 104
Stat. 3089); and
(D) the Everglades Construction Project of the State
of Florida.
(2) STATUTORY CONSTRUCTION.—
(A) EXISTING AUTHORITY.—Except as otherwise
expressly provided in this section, nothing in this section
affects any authority in effect on the date of the enactment
of this Act, or any requirement of the authority, relating
to participation in restoration activities in the South Florida

110 STAT. 3770

PUBLIC LAW 104–303—OCT. 12, 1996
ecosystem, including the projects and activities specified
in paragraph (1), by—
(i) the Department of the Interior;
(ii) the Department of Commerce;
(iii) the Department of the Army;
(iv) the Environmental Protection Agency;
(v) the Department of Agriculture;
(vi) the State of Florida; and
(vii) the South Florida Water Management District.
(B) NEW AUTHORITY.—Nothing in this section confers
any new regulatory authority on any Federal or non-Federal entity that carries out any activity authorized by this
section.
(d) JUSTIFICATION.—
(1) IN GENERAL.—Notwithstanding section 209 of the Flood
Control Act of 1970 (42 U.S.C. 1962–2) or any other provision
of law, in carrying out the activities to restore, preserve, and
protect the South Florida ecosystem described in subsection
(b), the Secretary may determine that the activities—
(A) are justified by the environmental benefits derived
by the South Florida ecosystem in general and the Everglades and Florida Bay in particular; and
(B) shall not need further economic justification if the
Secretary determines that the activities are cost-effective.
(2) APPLICABILITY.—Paragraph (1) shall not apply to any
separable element intended to produce benefits that are
predominantly unrelated to the restoration, preservation, and
protection of the South Florida ecosystem.
(e) COST SHARING.—
(1) IN GENERAL.—Except as provided in sections 315 and
316 and paragraph (2), the non-Federal share of the cost of
activities described in subsection (b) shall be 50 percent.
(2) WATER QUALITY FEATURES.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the non-Federal share of the cost of project features
to improve water quality described in subsection (b) shall
be 100 percent.
(B) EXCEPTION.—
(i) IN GENERAL.—Subject to clause (ii), if the Secretary determines that a project feature to improve
water quality is essential to Everglades restoration,
the non-Federal share of the cost of the feature shall
be 50 percent.
(ii) APPLICABILITY.—Clause (i) shall not apply to
any feature of the Everglades Construction Project of
the State of Florida.
(3) OPERATION AND MAINTENANCE.—The operation and
maintenance of projects carried out under this section shall
be a non-Federal responsibility.
(4) CREDIT.—Regardless of the date of acquisition, the value
of lands or interests in land acquired by non-Federal interests
for any activity described in subsection (b) shall be included
in the total cost of the activity and credited against the nonFederal share of the cost of the activity. Such value shall
be determined by the Secretary.
(f) SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE.—

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110 STAT. 3771

(1) ESTABLISHMENT AND MEMBERSHIP.—There is established
the South Florida Ecosystem Restoration Task Force, which
shall consist of the following members (or, in the case of a
Federal agency, a designee at the level of assistant secretary
or an equivalent level):
(A) The Secretary of the Interior, who shall serve as
chairperson.
(B) The Secretary of Commerce.
(C) The Secretary.
(D) The Attorney General.
(E) The Administrator of the Environmental Protection
Agency.
(F) The Secretary of Agriculture.
(G) The Secretary of Transportation.
(H) 1 representative of the Miccosukee Tribe of Indians
of Florida, to be appointed by the Secretary of the Interior
based on the recommendations of the tribal chairman.
(I) 1 representative of the Seminole Tribe of Florida,
to be appointed by the Secretary of the Interior based
on the recommendations of the tribal chairman.
(J) 2 representatives of the State of Florida, to be
appointed by the Secretary of the Interior based on the
recommendations of the Governor.
(K) 1 representative of the South Florida Water
Management District, to be appointed by the Secretary
of the Interior based on the recommendations of the Governor.
(L) 2 representatives of local government in the State
of Florida, to be appointed by the Secretary of the Interior
based on the recommendations of the Governor.
(2) DUTIES OF TASK FORCE.—The Task Force—
(A) shall consult with, and provide recommendations
to, the Secretary during development of the comprehensive
plan under subsection (b)(1);
(B) shall coordinate the development of consistent policies, strategies, plans, programs, projects, activities, and
priorities for addressing the restoration, preservation, and
protection of the South Florida ecosystem;
(C) shall exchange information regarding programs,
projects, and activities of the agencies and entities represented on the Task Force to promote ecosystem restoration and maintenance;
(D) shall establish a Florida-based working group
which shall include representatives of the agencies and
entities represented on the Task Force as well as other
governmental entities as appropriate for the purpose of
formulating, recommending, coordinating, and implementing the policies, strategies, plans, programs, projects, activities, and priorities of the Task Force;
(E) may, and the working group described in subparagraph (D), may—
(i) establish such advisory bodies as are necessary
to assist the Task Force in its duties, including public
policy and scientific issues; and
(ii) select as an advisory body any entity, such
as the Commission, that represents a broad variety
of private and public interests;

110 STAT. 3772

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PUBLIC LAW 104–303—OCT. 12, 1996
(F) shall facilitate the resolution of interagency and
intergovernmental conflicts associated with the restoration
of the South Florida ecosystem among agencies and entities
represented on the Task Force;
(G) shall coordinate scientific and other research associated with the restoration of the South Florida ecosystem;
(H) shall provide assistance and support to agencies
and entities represented on the Task Force in their restoration activities;
(I) shall prepare an integrated financial plan and recommendations for coordinated budget requests for the
funds proposed to be expended by agencies and entities
represented on the Task Force for the restoration, preservation, and protection of the South Florida ecosystem; and
(J) shall submit a biennial report to Congress that
summarizes—
(i) the activities of the Task Force;
(ii) the policies, strategies, plans, programs,
projects, activities, and priorities planned, developed,
or implemented for the restoration of the South Florida
ecosystem; and
(iii) progress made toward the restoration.
(3) PROCEDURES AND ADVICE.—
(A) PUBLIC PARTICIPATION.—
(i) IN GENERAL.—The Task Force shall implement
procedures to facilitate public participation in the
advisory process, including providing advance notice
of meetings, providing adequate opportunity for public
input and comment, maintaining appropriate records,
and making a record of the proceedings of meetings
available for public inspection.
(ii) OVERSIGHT.—The Secretary of the Interior
shall ensure that the procedures described in clause
(i) are adopted and implemented and that the records
described in clause (i) are accurately maintained and
available for public inspection.
(B) ADVISORS TO THE TASK FORCE AND WORKING
GROUP.—The Task Force or the working group described
in paragraph (2)(D) may seek advice and input from any
interested, knowledgeable, or affected party as the Task
Force or working group, respectively, determines necessary
to perform the duties described in paragraph (2).
(C) APPLICATION OF THE FEDERAL ADVISORY COMMITTEE
ACT.—
(i) TASK FORCE AND WORKING GROUP.—The Task
Force and the working group shall not be considered
advisory committees under the Federal Advisory
Committee Act (5 U.S.C. App.).
(ii) ADVISORS.—Seeking advice and input under
subparagraph (B) shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
(4) COMPENSATION.—A member of the Task Force shall
receive no compensation for the service of the member on
the Task Force.
(5) TRAVEL EXPENSES.—Travel expenses incurred by a member of the Task Force in the performance of services for the

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3773

Task Force shall be paid by the agency, tribe, or government
that the member represents.
SEC. 529. TAMPA, FLORIDA.

The Secretary may enter into a cooperative agreement under
section 229 with the Museum of Science and Industry, Tampa,
Florida, to provide technical, planning, and design assistance to
demonstrate the water quality functions found in wetlands, at an
estimated total Federal cost of $500,000.
SEC. 530. WATERSHED MANAGEMENT PLAN FOR DEEP RIVER BASIN,
INDIANA.

(a) DEVELOPMENT.—The Secretary, in consultation with the
Natural Resources Conservation Service of the Department of Agriculture, shall develop a watershed management plan for the Deep
River Basin, Indiana, including Deep River, Lake George, Turkey
Creek, and other related tributaries in Indiana.
(b) CONTENTS.—The plan to be developed by the Secretary
under subsection (a) shall address specific concerns related to the
Deep River Basin area, including—
(1) sediment flow into Deep River, Turkey Creek, and other
tributaries;
(2) control of sediment quality in Lake George;
(3) flooding problems;
(4) the safety of the Lake George Dam; and
(5) watershed management.
SEC. 531. SOUTHERN AND EASTERN KENTUCKY.

(a) ESTABLISHMENT OF PROGRAM.—The Secretary may establish
a program for providing environmental assistance to non-Federal
interests in southern and eastern Kentucky.
(b) FORM OF ASSISTANCE.—Assistance under this section may
be in the form of design and construction assistance for waterrelated environmental infrastructure and resource protection and
development projects in southern and eastern Kentucky, including
projects for wastewater treatment and related facilities, water supply and related facilities, and surface water resource protection
and development.
(c) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a project under this section only if the project
is publicly owned.
(d) PROJECT COOPERATION AGREEMENTS.—
(1) IN GENERAL.—Before providing assistance under this
section, the Secretary shall enter into a project cooperation
agreement with a non-Federal interest to provide for design
and construction of the project to be carried out with such
assistance.
(2) REQUIREMENTS.—Each agreement entered into under
this subsection shall provide for the following:
(A) PLAN.—Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities development plan or resource protection plan, including
appropriate plans and specifications.
(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the
project by the non-Federal interest.
(3) COST SHARING.—

110 STAT. 3774

PUBLIC LAW 104–303—OCT. 12, 1996

(A) IN GENERAL.—Total project costs under each agreement entered into under this subsection shall be shared
at 75 percent Federal and 25 percent non-Federal. The
Federal share may be in the form of grants or reimbursements of project costs.
(B) CREDIT FOR DESIGN WORK.—The non-Federal
interest shall receive credit for the reasonable costs of
design work completed by such interest before entering
into the agreement with the Secretary.
(C) CREDIT FOR CERTAIN FINANCING COSTS.—In the
event of a delay in the reimbursement of the non-Federal
share of a project, the non-Federal interest shall receive
credit for reasonable interest and other associated financing
costs necessary for such non-Federal interest to provide
the non-Federal share of the project’s cost.
(D) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—The nonFederal interest shall receive credit for lands, easements,
rights-of-way, and relocations provided by the non-Federal
interest toward its share of project costs (including costs
associated with obtaining permits necessary for the placement of such project on publicly owned or controlled lands),
but not to exceed 25 percent of total project costs.
(E) OPERATION AND MAINTENANCE.—The non-Federal
share of operation and maintenance costs for projects constructed under an agreement entered into under this subsection shall be 100 percent.
(e) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—Nothing in this section shall be construed as waiving, limiting, or otherwise affecting the applicability of any provision of Federal or State
law that would otherwise apply to a project to be carried out
with assistance provided under this section.
(f) REPORT.—Not later than December 31, 1999, the Secretary
shall transmit to Congress a report on the results of the program
carried out under this section, together with recommendations
concerning whether or not such program should be implemented
on a national basis.
(g) SOUTHERN AND EASTERN KENTUCKY DEFINED.—In this section, the term ‘‘southern and eastern Kentucky’’ means Morgan,
Floyd, Pulaski, Wayne, Laurel, Knox, Pike, Menifee, Perry, Harlan,
Breathitt, Martin, Jackson, Wolfe, Clay, Magoffin, Owsley, Johnson,
Leslie, Lawrence, Knott, Bell, McCreary, Rockcastle, Whitley, Lee,
and Letcher Counties, Kentucky.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000.
SEC. 532. COASTAL WETLANDS RESTORATION PROJECTS, LOUISIANA.

Section 303(f) of the Coastal Wetlands Planning, Protection
and Restoration Act (16 U.S.C. 3952(f); 104 Stat. 4782–4783) is
amended—
(1) in paragraph (4) by striking ‘‘and (3)’’ and inserting
‘‘(3), and (5)’’; and
(2) by adding at the end the following:
‘‘(5) FEDERAL SHARE IN CALENDAR YEARS 1996 AND 1997.—
Notwithstanding paragraphs (1) and (2), upon approval of the
conservation plan under section 304 and a determination by
the Secretary that a reduction in the non-Federal share is
warranted, amounts made available in accordance with section

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3775

306 to carry out coastal wetlands restoration projects under
this section in calendar years 1996 and 1997 shall provide
90 percent of the cost of such projects.’’.
SEC. 533. SOUTHEAST LOUISIANA.

(a) FLOOD CONTROL.—The Secretary shall proceed with
engineering, design, and construction of projects to provide for
flood control and improvements to rainfall drainage systems in
Jefferson, Orleans, and St. Tammany Parishes, Louisiana, in accordance with the following reports of the New Orleans District Engineer: Jefferson and Orleans Parishes, Louisiana, Urban Flood
Control and Water Quality Management, July 1992; Tangipahoa,
Techefuncte, and Tickfaw Rivers, Louisiana, June 1991; St. Tammany Parish, Louisiana, July 1996; and Schneider Canal, Slidell,
Louisiana, Hurricane Protection, May 1990.
(b) COST SHARING.—The cost of any work performed by the
non-Federal interests subsequent to the dates of the reports referred
to in subsection (a) and determined by the Secretary to be a compatible and integral part of the projects shall be credited toward
the non-Federal share of the projects.
(c) FUNDING.—There is authorized to be appropriated
$100,000,000 for the initiation and partial accomplishment of
projects described in the reports referred to in subsection (a).
(d) ADDITIONAL OBLIGATIONS.—No funds may be obligated in
excess of the amount authorized by subsection (c) for the projects
for flood control and improvements to rainfall drainage systems
authorized by subsection (a) until the Corps of Engineers determines
that the additional work to be carried out with such funds is
technically sound, environmentally acceptable, and economic, as
applicable.
SEC. 534. ASSATEAGUE ISLAND, MARYLAND AND VIRGINIA.

(a) PROJECT TO MITIGATE SHORE DAMAGE.—The Secretary shall
expedite the Assateague Island restoration feature of the Ocean
City, Maryland, and vicinity study and, if the Secretary determines
that the Federal navigation project has contributed to degradation
of the shoreline, the Secretary shall carry out the shoreline restoration feature. The Secretary shall allocate costs for the project feature
pursuant to section 111 of the River and Harbor Act of 1968
(33 U.S.C. 426i; 82 Stat. 735).
(b) COORDINATION.—In carrying out the project under this section, the Secretary shall coordinate with affected Federal and State
agencies and shall enter into an agreement with the Federal property owner to determine the allocation of the project costs.
(c) FUNDING.—There is authorized to be appropriated to carry
out this section $35,000,000.
SEC. 535. CUMBERLAND, MARYLAND.

The Secretary may provide technical, planning, and design
assistance to State, local, and other Federal entities for the restoration of the Chesapeake and Ohio Canal, in the vicinity of Cumberland, Maryland.
SEC. 536. WILLIAM JENNINGS RANDOLPH ACCESS ROAD, GARRETT
COUNTY, MARYLAND.

The Secretary shall transfer up to $600,000 to the State of
Maryland for use by the State in constructing an access road

110 STAT. 3776

PUBLIC LAW 104–303—OCT. 12, 1996

to the William Jennings Randolph Lake in Garrett County, Maryland.
SEC. 537. POPLAR ISLAND, MARYLAND.

The Secretary shall carry out a project for the beneficial use
of dredged material at Poplar Island, Maryland, substantially in
accordance with, and subject to the conditions described in, the
report of the Secretary dated September 3, 1996, at a total cost
of $307,000,000, with an estimated Federal cost of $230,000,000
and an estimated non-Federal cost of $77,000,000. The project shall
be carried out under the policies and cooperative agreement requirements of section 204 of the Water Resources Development Act
of 1992 (33 U.S.C. 2326), except that subsection (e) of such section
shall not apply to the project authorized by this section.
SEC. 538. EROSION CONTROL MEASURES, SMITH ISLAND, MARYLAND.

(a) IN GENERAL.—The Secretary shall implement erosion control
measures in the vicinity of Rhodes Point, Smith Island, Maryland,
at an estimated total Federal cost of $450,000.
(b) IMPLEMENTATION ON EMERGENCY BASIS.—The project under
subsection (a) shall be carried out on an emergency basis in view
of the national, historic, and cultural value of the island and in
order to protect the Federal investment in infrastructure facilities.
(c) COST SHARING.—Cost sharing applicable to hurricane and
storm damage reduction shall be applicable to the project to be
carried out under subsection (a).
SEC. 539. RESTORATION PROJECTS FOR MARYLAND, PENNSYLVANIA,
AND WEST VIRGINIA.

(a) IN GENERAL.—
(1) TECHNICAL ASSISTANCE.—The Secretary may provide
technical assistance to non-Federal interests, in cooperation
with Federal and State agencies, for reclamation and water
quality protection projects for the purpose of abating and mitigating surface water quality degradation caused by abandoned
mines along—
(A) the North Branch of the Potomac River, Maryland,
Pennsylvania, and West Virginia; and
(B) the New River, West Virginia, watershed.
(2) ADDITIONAL MEASURES.—Projects under paragraph (1)
may also include measures for the abatement and mitigation
of surface water quality degradation caused by the lack of
sanitary wastewater treatment facilities or the need to enhance
such facilities.
(3) CONSULTATION WITH FEDERAL ENTITIES.—Any project
under paragraph (1) that is located on lands owned by the
United States shall be undertaken in consultation with the
Federal entity with administrative jurisdiction over such lands.
(b) FEDERAL SHARE.—The Federal share of the cost of the
activities conducted under subsection (a)(1) shall be 50 percent;
except that, with respect to projects located on lands owned by
the United States, the Federal share shall be 100 percent.
(c) EFFECT ON AUTHORITY OF SECRETARY OF THE INTERIOR.—
Nothing in this section is intended to affect the authority of the
Secretary of the Interior under title IV of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.).
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $1,500,000 for projects

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110 STAT. 3777

undertaken under subsection (a)(1)(A) and $1,500,000 for projects
undertaken under subsection (a)(1)(B).
SEC. 540. CONTROL OF AQUATIC PLANTS, MICHIGAN, PENNSYLVANIA,
AND VIRGINIA AND NORTH CAROLINA.

The Secretary shall carry out under section 104 of the River
and Harbor Act of 1958 (33 U.S.C. 610)—
(1) a program to control aquatic plants in Lake St. Clair,
Michigan;
(2) a program to control aquatic plants in the Schuylkill
River, Philadelphia, Pennsylvania; and
(3) a program to control aquatic plants in Lake Gaston,
Virginia and North Carolina.
SEC.

541.

DULUTH, MINNESOTA,
PROJECT.

ALTERNATIVE

TECHNOLOGY

(a) PROJECT AUTHORIZATION.—The Secretary shall develop and
implement alternative methods for decontamination and disposal
of contaminated dredged material at the Port of Duluth, Minnesota.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $1,000,000.
SEC. 542. LAKE SUPERIOR CENTER, MINNESOTA.

(a) CONSTRUCTION.—The Secretary shall assist the Minnesota
Lake Superior Center authority in the construction of an educational facility to be used in connection with efforts to educate
the public in the economic, recreational, biological, aesthetic, and
spiritual worth of Lake Superior and other large bodies of fresh
water.
(b) PUBLIC OWNERSHIP.—Prior to providing any assistance
under subsection (a), the Secretary shall verify that the facility
to be constructed under subsection (a) will be owned by the public
authority established by the State of Minnesota to develop, operate,
and maintain the Lake Superior Center.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the construction of the facility under subsection (a) $10,000,000.
SEC. 543. REDWOOD RIVER BASIN, MINNESOTA.

(a) STUDY AND STRATEGY DEVELOPMENT.—The Secretary, in
cooperation with the Secretary of Agriculture and the State of
Minnesota, shall conduct a study, and develop a strategy, for using
wetland restoration, soil and water conservation practices, and nonstructural measures to reduce flood damage, improve water quality,
and create wildlife habitat in the Redwood River basin and the
subbasins draining into the Minnesota River, at an estimated Federal cost of $4,000,000.
(b) NON-FEDERAL SHARE.—The non-Federal share of the cost
of the study and development of the strategy shall be 25 percent
and may be provided through in-kind services and materials.
(c) COOPERATION AGREEMENTS.—In conducting the study and
developing the strategy under this section, the Secretary may enter
into cooperation agreements to provide financial assistance to appropriate Federal, State, and local government agencies, including
assistance for the implementation of wetland restoration projects
and soil and water conservation measures.

110 STAT. 3778

PUBLIC LAW 104–303—OCT. 12, 1996

(d) IMPLEMENTATION.—The Secretary shall undertake development and implementation of the strategy authorized by this section
in cooperation with local landowners and local government officials.
SEC. 544. COLDWATER RIVER WATERSHED, MISSISSIPPI.

Not later than 6 months after the date of the enactment of
this Act, the Secretary shall initiate all remaining work associated
with the Coldwater River Watershed Demonstration Erosion Control Project, as authorized by the Act entitled ‘‘An Act making
appropriations to provide productive employment for hundreds of
thousands of jobless Americans, to hasten or initiate Federal
projects and construction of lasting value to the Nation and its
citizens, and to provide humanitarian assistance to the indigent
for fiscal year 1983, and for other purposes’’, approved March 24,
1983 (97 Stat. 13).
SEC. 545. NATCHEZ BLUFFS, MISSISSIPPI.

The Secretary shall carry out the project for bluff stabilization,
Natchez Bluffs, Natchez, Mississippi, substantially in accordance
with the Natchez Bluffs Study, dated September 1985, the Natchez
Bluffs Study: Supplement I, dated June 1990, and the Natchez
Bluffs Study: Supplement II, dated December 1993, at a total cost
of $17,200,000, with an estimated Federal cost of $12,900,000 and
an estimated non-Federal cost of $4,300,000. The project shall be
carried out in the portions of the bluffs described in the studies
specified in the preceding sentence as Clifton Avenue, area 3; Bluff
above Silver Street, area 6; Bluff above Natchez Under-the-Hill,
area 7; and Madison Street to State Street, area 4.
SEC. 546. SARDIS LAKE, MISSISSIPPI.

(a) MANAGEMENT.—The Secretary shall work cooperatively with
the State of Mississippi and the city of Sardis, Mississippi, to
the maximum extent practicable, in the management of existing
and proposed leases of land consistent with the Sardis Lake Recreation and Tourism Master Plan prepared by the city for the economic development of the Sardis Lake area.
(b) FLOOD CONTROL STORAGE.—The Secretary shall review the
study conducted by the city of Sardis, Mississippi, regarding the
impact of the Sardis Lake Recreation and Tourism Master Plan
prepared by the city on flood control storage in Sardis Lake. The
city shall not be required to reimburse the Secretary for the cost
of such storage, or the cost of the Secretary’s review, if the Secretary
finds that the loss of flood control storage resulting from
implementation of the master plan is not significant.
SEC. 547. ST. CHARLES COUNTY, MISSOURI, FLOOD PROTECTION.

(a) IN GENERAL.—Notwithstanding any other provision of law
(including any regulation), no county located at the confluence
of the Missouri and Mississippi Rivers or community located in
any county located at the confluence of the Missouri and Mississippi
Rivers shall have its participation in the national flood insurance
program established under chapter 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) suspended, revoked,
or otherwise affected solely due to that county’s or community’s
permitting the raising of levees by any public-sponsored levee district, along an alignment approved by the circuit court of such
county, to a level sufficient to contain a 20-year flood.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3779

(b) PERMITS.—The permit issued under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) numbered P–
1972, authorizing the reshaping and realignment of an existing
levee, shall be considered adequate to allow the raising of levees
under subsection (a).
SEC. 548. ST. LOUIS, MISSOURI.

The Secretary shall not reassign the St. Louis District of the
Corps of Engineers from the operational control of the Lower Mississippi Valley Division.
SEC. 549. LIBBY DAM, MONTANA.

(a) IN GENERAL.—In accordance with section 103(c)(1) of the
Water Resources Development Act of 1986 (33 U.S.C. 2213(c)(1)),
the Secretary shall—
(1) complete the construction and installation of generating
units 6 through 8 at Libby Dam, Montana; and
(2) remove the partially constructed haul bridge over the
Kootenai River, Montana.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $16,000,000. Such
sums shall remain available until expended.
SEC. 550. HACKENSACK MEADOWLANDS AREA, NEW JERSEY.

Section 324(b)(1) of the Water Resources Development Act of
1992 (106 Stat. 4849) is amended to read as follows:
‘‘(1) Mitigation, enhancement, and acquisition of significant
wetlands that contribute to the Meadowlands ecosystem.’’.
SEC. 551. HUDSON RIVER HABITAT RESTORATION, NEW YORK.

(a) HABITAT RESTORATION.—The Secretary shall expedite the
feasibility study of the Hudson River Habitat Restoration, Hudson
River Basin, New York, and may carry out not fewer than 4 projects
for habitat restoration in the Hudson River Basin, to the extent
the Secretary determines such work to be advisable and technically
feasible. Such projects shall be designed to—
(1) assess and improve habitat value and environmental
outputs of recommended projects;
(2) evaluate various restoration techniques for effectiveness
and cost;
(3) fill an important local habitat need within a specific
portion of the study area; and
(4) take advantage of ongoing or planned actions by other
agencies, local municipalities, or environmental groups that
would increase the effectiveness or decrease the overall cost
of implementing one of the recommended restoration project
sites.
(b) NON-FEDERAL SHARE.—Non-Federal interests shall provide
25 percent of the cost of each project undertaken under subsection
(a). The non-Federal share may be in the form of cash or inkind contributions.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $11,000,000.
SEC. 552. NEW YORK CITY WATERSHED.

(a) ENVIRONMENTAL ASSISTANCE PROGRAM.—

110 STAT. 3780

PUBLIC LAW 104–303—OCT. 12, 1996

(1) ESTABLISHMENT.—The Secretary shall establish a program for providing environmental assistance to non-Federal
interests in the New York City Watershed.
(2) FORM OF ASSISTANCE.—Assistance provided under this
section may be in the form of design and construction assistance
for water-related environmental infrastructure and resource
protection and development projects in the New York City
Watershed, including projects for water supply, storage, treatment, and distribution facilities, and surface water resource
protection and development.
(b) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a project under this section only if the project
is publicly owned.
(c) ELIGIBLE PROJECTS.—
(1) CERTIFICATION.—A project shall be eligible for financial
assistance under this section only if the State director for
the project certifies to the Secretary that the project will
contribute to the protection and enhancement of the quality
or quantity of the New York City water supply.
(2) SPECIAL CONSIDERATION.—In certifying projects to the
Secretary, the State director shall give special consideration
to those projects implementing plans, agreements, and measures that preserve and enhance the economic and social character of the communities in the New York City Watershed.
(3) PROJECT DESCRIPTIONS.—Projects eligible for assistance
under this section shall include the following:
(A) Implementation of intergovernmental agreements
for coordinating regulatory and management responsibilities.
(B) Acceleration of whole farm planning to implement
best management practices to maintain or enhance water
quality and to promote agricultural land use.
(C) Acceleration of whole community planning to promote intergovernmental cooperation in the regulation and
management of activities consistent with the goal of
maintaining or enhancing water quality.
(D) Natural resources stewardship on public and private lands to promote land uses that preserve and enhance
the economic and social character of the communities in
the New York City Watershed and protect and enhance
water quality.
(d) COOPERATION AGREEMENTS.—Before providing assistance
under this section, the Secretary shall enter into a project cooperation agreement with the State director for the project to be carried
out with such assistance.
(e) COST SHARING.—
(1) IN GENERAL.—Total project costs under each agreement
entered into under this section shall be shared at 75 percent
Federal and 25 percent non-Federal. The Federal share may
be in the form of grants or reimbursements of project costs.
(2) CREDIT FOR DESIGN WORK.—The non-Federal interest
shall receive credit for the reasonable costs of design work
completed by such interest prior to entering into the agreement
with the Secretary for a project.
(3) CREDIT FOR INTEREST.—In the event of a delay in the
reimbursement of the non-Federal share of a project, the nonFederal interest shall receive credit for reasonable interest

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3781

costs incurred to provide the non-Federal share of a project’s
cost.
(4) LANDS, EASEMENTS, AND RIGHTS-OF-WAY CREDIT.—The
non-Federal interest shall receive credit for lands, easements,
rights-of-way, and relocations provided by the non-Federal
interest toward its share of project costs (including direct costs
associated with obtaining permits necessary for the placement
of such project on publicly owned or controlled lands), but
not to exceed 25 percent of total project costs.
(5) OPERATION AND MAINTENANCE.—The non-Federal share
of operation and maintenance costs for projects constructed
with assistance provided under this section shall be 100 percent.
(f) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—Nothing in this section shall be construed to waive, limit, or otherwise
affect the applicability of any provision of Federal or State law
that would otherwise apply to a project carried out with assistance
provided under this section.
(g) REPORT.—Not later than December 31, 2000, the Secretary
shall transmit to Congress a report on the results of the program
carried out under this section, together with recommendations
concerning whether such program should be implemented on a
national basis.
(h) NEW YORK CITY WATERSHED DEFINED.—In this section,
the term ‘‘New York City Watershed’’ means the land area within
the counties of Delaware, Greene, Schoharie, Ulster, Sullivan, Westchester, Putnam, and Duchess, New York, that contributes water
to the water supply system of New York City.
(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $22,500,000.
SEC. 553. NEW YORK STATE CANAL SYSTEM.

(a) IN GENERAL.—The Secretary may make capital improvements to the New York State Canal System.
(b) AGREEMENTS.—The Secretary, with the consent of appropriate local and State entities, shall enter into such arrangements,
contracts, and leases with public and private entities as may be
necessary for the purposes of rehabilitation, renovation, preservation, and maintenance of the New York State Canal System and
its related facilities, including trailside facilities and other recreational projects along the waterways of the canal system.
(c) NEW YORK STATE CANAL SYSTEM DEFINED.—In this section,
the term ‘‘New York State Canal System’’ means the Erie, Oswego,
Champlain, and Cayuga-Seneca Canals.
(d) FEDERAL SHARE.—The Federal share of the cost of capital
improvements under this section shall be 50 percent.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $8,000,000.
SEC. 554. ORCHARD BEACH, BRONX, NEW YORK.

The Secretary shall conduct a study for a project for shoreline
protection, Orchard Beach, Bronx, New York, and, if the Secretary
determines that the project is feasible, may carry out the project,
at a maximum Federal cost of $5,200,000.
SEC. 555. DREDGED MATERIAL CONTAINMENT FACILITY FOR PORT
OF NEW YORK-NEW JERSEY.

(a) IN GENERAL.—The Secretary may construct, operate, and
maintain a dredged material containment facility with a capacity

110 STAT. 3782

PUBLIC LAW 104–303—OCT. 12, 1996

commensurate with the long-term dredged material disposal needs
of port facilities under the jurisdiction of the Port of New YorkNew Jersey. Such facility may be a near-shore dredged material
disposal facility along the Brooklyn waterfront.
(b) COST SHARING.—The costs associated with feasibility
studies, design, engineering, and construction under this section
shall be shared with the non-Federal interest in accordance with
section 101 of the Water Resources Development Act of 1986 (33
U.S.C. 2211).
(c) PUBLIC BENEFIT.—After the facility constructed under subsection (a) has been filled to capacity with dredged material, the
Secretary shall maintain the facility for the public benefit.
33 USC 59c–3.

Applicability.

SEC. 556. QUEENS COUNTY, NEW YORK.

(a) DESCRIPTION OF NONNAVIGABLE AREA.—Subject to subsections (b) and (c), the area of Long Island City, Queens County,
New York, that—
(1) is not submerged;
(2) as of the date of the enactment of this Act, lies between
the southerly high water line of Anable Basin (also known
as the ‘‘11th Street Basin’’) and the northerly high water line
of Newtown Creek; and
(3) extends from the high water line (as of such date
of enactment) of the East River to the original high water
line of the East River;
is declared to be nonnavigable waters of the United States.
(b) REQUIREMENT THAT AREA BE IMPROVED.—
(1) IN GENERAL.—The declaration of nonnavigability under
subsection (a) shall apply only to those portions of the area
described in subsection (a) that are, or will be, bulkheaded,
filled, or otherwise occupied by permanent structures or other
permanent physical improvements (including parkland).
(2) APPLICABILITY OF FEDERAL LAW.—Improvements
described in paragraph (1) shall be subject to applicable Federal
laws, including—
(A) sections 9 and 10 of the Act entitled ‘‘An Act
making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors,
and for other purposes’’, approved March 3, 1899 (33 U.S.C.
401 and 403);
(B) section 404 of the Federal Water Pollution Control
Act (33 U.S.C. 1344); and
(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(c) EXPIRATION DATE.—The declaration of nonnavigability under
subsection (a) shall expire with respect to a portion of the area
described in subsection (a), if the portion—
(1) is not bulkheaded, filled, or otherwise occupied by a
permanent structure or other permanent physical improvement
(including parkland) in accordance with subsection (b) by the
date that is 20 years after the date of the enactment of this
Act; or
(2) requires an improvement described in subsection (b)(2)
that is subject to a permit under an applicable Federal law,
and the improvement is not commenced by the date that is
5 years after the date of issuance of the permit.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3783

SEC. 557. JAMESTOWN DAM AND PIPESTEM DAM, NORTH DAKOTA.

(a) REVISIONS TO WATER CONTROL MANUALS.—In consultation
with the States of North Dakota and South Dakota and the James
River Water Development District, the Secretary shall review and
consider revisions to the water control manuals for the Jamestown
Dam and Pipestem Dam, North Dakota, to modify operation of
the dams so as to reduce the magnitude and duration of flooding
and inundation of land located within the 10-year floodplain along
the James River in North Dakota and South Dakota.
(b) FEASIBILITY STUDY.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Secretary shall—
(A) complete a study to determine the feasibility of
providing flood protection for the land referred to in subsection (a); and
(B) submit a report on the study to Congress.
(2) CONSIDERATIONS.—In carrying out paragraph (1), the
Secretary shall consider all reasonable project-related and other
options.

Reports.

SEC. 558. NORTHEASTERN OHIO.

The Secretary may provide technical assistance to local
interests for establishment of a regional water authority in northeastern Ohio to address the water problems of the region. The
Federal share of the costs of such planning shall not exceed 50
percent.
SEC. 559. OHIO RIVER GREENWAY.

(a) EXPEDITED COMPLETION OF STUDY.—The Secretary shall
expedite the completion of the study for a project for the Ohio
River Greenway, Jeffersonville, Clarksville, and New Albany,
Indiana.
(b) CONSTRUCTION.—Upon completion of the study, if the Secretary determines that the project is feasible, the Secretary shall
participate with the non-Federal interests in the construction of
the project.
(c) COST SHARING.—Total project costs under this section shall
be shared at 50 percent Federal and 50 percent non-Federal.
(d) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—Non-Federal
interests shall be responsible for providing all lands, easements,
rights-of-way, relocations, and dredged material disposal areas necessary for the project.
(e) CREDIT.—The non-Federal interests shall receive credit for
those costs incurred by the non-Federal interests that the Secretary
determines are compatible with the study, design, and implementation of the project.
SEC. 560. GRAND LAKE, OKLAHOMA.

(a) STUDY.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall carry out and complete a
study of flooding in Grand/Neosho Basin and tributaries in the
vicinity of Pensacola Dam in northeastern Oklahoma to determine
the scope of the backwater effects of operation of the dam and
to identify any lands that the Secretary determines have been
adversely impacted by such operation or should have been originally
purchased as flowage easement for the project.
(b) ACQUISITION OF REAL PROPERTY.—Upon completion of the
study and subject to advance appropriations, the Secretary may

Indiana.

110 STAT. 3784

PUBLIC LAW 104–303—OCT. 12, 1996

acquire from willing sellers such real property interests in any
lands identified in the study as the Secretary determines are necessary to reduce the adverse impacts identified in the study conducted under subsection (a).
(c) IMPLEMENTATION REPORTS.—The Secretary shall transmit
to Congress reports on the operation of Pensacola Dam, including
data on and a description of releases in anticipation of flooding
(referred to as ‘‘preoccupancy releases’’), and the implementation
of this section. The first of such reports shall be transmitted not
later than 2 years after the date of the enactment of this Act.
(d) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $25,000,000.
(2) MAXIMUM FUNDING FOR STUDY.—Of amounts appropriated to carry out this section, not to exceed $1,500,000
shall be available for carrying out the study under subsection
(a).
SEC. 561. BROAD TOP REGION OF PENNSYLVANIA.

Section 304 of the Water Resources Development Act of 1992
(106 Stat. 4840) is amended—
(1) by striking subsection (b) and inserting the following:
‘‘(b) COST SHARING.—
‘‘(1) FEDERAL SHARE.—The Federal share of the cost of
the activities conducted under the cooperative agreement
entered into under subsection (a)—
‘‘(A) shall be 75 percent; and
‘‘(B) may be in the form of grants or reimbursements
of project costs.
‘‘(2) NON-FEDERAL SHARE.—The non-Federal share of
project costs may be provided in the form of design and
construction services and other in-kind work provided by the
non-Federal interests, whether occurring subsequent to, or
within 6 years prior to, entering into an agreement with the
Secretary. Non-Federal interests shall receive credit for grants
and the value of work performed on behalf of such interests
by State and local agencies, as determined by the Secretary.’’;
and
(2) in subsection (c) by striking ‘‘$5,500,000’’ and inserting
‘‘$11,000,000’’.
SEC. 562. CURWENSVILLE LAKE, PENNSYLVANIA.

The Secretary shall modify the allocation of costs for the water
reallocation project at Curwensville Lake, Pennsylvania, to the
extent that the Secretary determines that such modification will
provide environmental restoration benefits in meeting instream flow
needs in the Susquehanna River basin.
SEC. 563. HOPPER DREDGE MCFARLAND.

(a) PROJECT AUTHORIZATION.—
(1) DETERMINATION.—The Secretary shall determine the
advisability and necessity of making modernization and efficiency improvements to the hopper dredge McFarland. In making such determination, the Secretary shall—
(A) assess the need for returning the dredge to active
service;

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3785

(B) determine whether the McFarland should be
returned to active service or the reserve fleet after the
potential improvements are completed and paid for; and
(C) establish minimum standards of dredging service
to be met in areas served by the McFarland while the
dredge is undergoing improvements.
(2) AUTHORIZATION.—If the Secretary determines under
paragraph (1) that such modernization and efficiency improvements are advisable and necessary, the Secretary may carry
out the modernization and efficiency improvements. The Secretary may carry out such improvements only at the Philadelphia Naval Shipyard, Pennsylvania.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $20,000,000.
SEC. 564. PHILADELPHIA, PENNSYLVANIA.

(a) WATER WORKS RESTORATION.—
(1) IN GENERAL.—Upon completion of a report by the Corps
of Engineers that such work is technically sound, environmentally acceptable, and economic, as applicable, the Secretary
shall provide planning, design, and construction assistance for
the protection and restoration of the Philadelphia, Pennsylvania, Water Works.
(2) COORDINATION.—In providing assistance under this subsection, the Secretary shall coordinate with the Fairmount Park
Commission and the Secretary of the Interior.
(3) FUNDING.—There is authorized to be appropriated to
carry out this subsection $1,000,000.
(b) COOPERATION AGREEMENT FOR SCHUYLKILL NAVIGATION
CANAL.—
(1) IN GENERAL.—The Secretary shall enter into a cooperation agreement with the city of Philadelphia, Pennsylvania,
to participate in the rehabilitation of the Schuylkill Navigation
Canal at Manayunk.
(2) LIMITATION ON FEDERAL SHARE.—The Federal share
of the cost of the rehabilitation under paragraph (1) shall
not exceed $300,000 for each fiscal year.
(3) AREA INCLUDED.—For purposes of this subsection, the
Schuylkill Navigation Canal includes the section approximately
10,000 feet long extending between Lock and Fountain Streets,
Philadelphia, Pennsylvania.
(c) SCHUYLKILL RIVER PARK.—
(1) ASSISTANCE.—Upon completion of a report by the Corps
of Engineers that such work is technically sound, environmentally acceptable, and economic, as applicable, the Secretary
may provide technical, planning, design, and construction
assistance for the Schuylkill River Park, Philadelphia, Pennsylvania.
(2) FUNDING.—There is authorized to be appropriated to
carry out this subsection $2,700,000.
(d) PENNYPACK PARK.—
(1) ASSISTANCE.—Upon completion of a report by the Corps
of Engineers that such work is technically sound, environmentally acceptable, and economic, as applicable, the Secretary
may provide technical, design, construction, and financial
assistance for measures for the improvement and restoration

Reports.

110 STAT. 3786

PUBLIC LAW 104–303—OCT. 12, 1996
of aquatic habitats and aquatic resources at Pennypack Park,
Philadelphia, Pennsylvania.
(2) COOPERATION AGREEMENTS.—In providing assistance
under this subsection, the Secretary shall enter into cooperation
agreements with the city of Philadelphia, acting through the
Fairmount Park Commission.
(3) FUNDING.—There is authorized to be appropriated to
carry out this subsection $15,000,000.
(e) FRANKFORD DAM.—
(1) COOPERATION AGREEMENTS.—The Secretary may enter
into cooperation agreements with the city of Philadelphia, Pennsylvania, acting through the Fairmount Park Commission, to
provide assistance for the elimination of the Frankford Dam,
the replacement of the Rhawn Street Dam, and modifications
to the Roosevelt Dam and the Verree Road Dam.
(2) FUNDING.—There is authorized to be appropriated to
carry out this subsection $900,000.

SEC. 565. SEVEN POINTS VISITORS CENTER, RAYSTOWN LAKE, PENNSYLVANIA.

(a) IN GENERAL.—The Secretary shall construct a visitors center
and related public use facilities at the Seven Points Recreation
Area at Raystown Lake, Pennsylvania, generally in accordance
with the Master Plan Update (1994) for the Raystown Lake Project.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $2,500,000.
SEC. 566. SOUTHEASTERN PENNSYLVANIA.

(a) ESTABLISHMENT OF PROGRAM.—The Secretary may establish
a pilot program for providing environmental assistance to nonFederal interests in southeastern Pennsylvania.
(b) FORM OF ASSISTANCE.—Assistance under this section may
be in the form of design and construction assistance for waterrelated environmental infrastructure and resource protection and
development projects in southeastern Pennsylvania, including
projects for waste water treatment and related facilities, water
supply and related facilities, and surface water resource protection
and development.
(c) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a project under this section only if the project
is publicly owned.
(d) LOCAL COOPERATION AGREEMENTS.—
(1) IN GENERAL.—Before providing assistance under this
section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with such assistance.
(2) REQUIREMENTS.—Each local cooperation agreement
entered into under this subsection shall provide for the following:
(A) PLAN.—Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including
appropriate engineering plans and specifications.
(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the
project by the non-Federal interest.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3787

(3) COST SHARING.—
(A) IN GENERAL.—Total project costs under each local
cooperation agreement entered into under this subsection
shall be shared at 75 percent Federal and 25 percent nonFederal. The Federal share may be in the form of grants
or reimbursements of project costs.
(B) CREDIT FOR DESIGN WORK.—The non-Federal
interest shall receive credit for the reasonable costs of
design work completed by such interest prior to entering
into a local cooperation agreement with the Secretary for
a project. The credit for such design work shall not exceed
6 percent of the total construction costs of the project.
(C) CREDIT FOR INTEREST.—In the event of a delay
in the funding of the non-Federal share of a project that
is the subject of an agreement under this section, the
non-Federal interest shall receive credit for reasonable
interest incurred in providing the non-Federal share of
a project’s cost.
(D) LANDS, EASEMENTS, AND RIGHTS-OF-WAY CREDIT.—
The non-Federal interest shall receive credit for lands,
easements, rights-of-way, and relocations toward its share
of project costs (including all reasonable costs associated
with obtaining permits necessary for the construction, operation, and maintenance of such project on publicly owned
or controlled lands), but not to exceed 25 percent of total
project costs.
(E) OPERATION AND MAINTENANCE.—The non-Federal
share of operation and maintenance costs for projects constructed with assistance provided under this section shall
be 100 percent.
(e) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—Nothing in this section shall be construed as waiving, limiting, or otherwise affecting the applicability of any provision of Federal or State
law that would otherwise apply to a project to be carried out
with assistance provided under this section.
(f) REPORT.—Not later than December 31, 1998, the Secretary
shall transmit to Congress a report on the results of the pilot
program carried out under this section, together with recommendations concerning whether or not such program should be implemented on a national basis.
(g) SOUTHEASTERN PENNSYLVANIA DEFINED.—In this section,
the term ‘‘southeastern Pennsylvania’’ means Philadelphia, Bucks,
Chester, Delaware, and Montgomery Counties, Pennsylvania.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $25,000,000.
SEC. 567. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND
NEW YORK.

(a) STUDY AND STRATEGY DEVELOPMENT.—The Secretary, in
cooperation with the Secretary of Agriculture, the State of Pennsylvania, and the State of New York, shall conduct a study, and
develop a strategy, for using wetland restoration, soil and water
conservation practices, and nonstructural measures to reduce flood
damage, improve water quality, and create wildlife habitat in the
following portions of the Upper Susquehanna River basin:
(1) The Juniata River watershed, Pennsylvania, at an estimated Federal cost of $8,000,000.

110 STAT. 3788

PUBLIC LAW 104–303—OCT. 12, 1996

(2) The Susquehanna River watershed upstream of the
Chemung River, New York, at an estimated Federal cost of
$5,000,000.
(b) NON-FEDERAL SHARE.—The non-Federal share of the cost
of the study and development of the strategy shall be 25 percent
and may be provided through in-kind services and materials.
(c) COOPERATION AGREEMENTS.—In conducting the study and
developing the strategy under this section, the Secretary may enter
into cooperation agreements to provide financial assistance to appropriate Federal, State, and local government agencies, including
assistance for the implementation of wetland restoration projects
and soil and water conservation measures.
(d) IMPLEMENTATION.—The Secretary shall undertake development and implementation of the strategy authorized by this section
in cooperation with local landowners and local government officials.
SEC. 568. WILLS CREEK, HYNDMAN, PENNSYLVANIA.

The Secretary may carry out a project for flood control, Wills
Creek, Borough of Hyndman, Pennsylvania, at an estimated total
cost of $5,000,000.
SEC.

569.

BLACKSTONE RIVER
MASSACHUSETTS.

VALLEY,

RHODE

ISLAND

AND

(a) IN GENERAL.—The Secretary, in coordination with Federal,
State, and local interests, shall provide technical, planning, and
design assistance in the development and restoration of the Blackstone River Valley National Heritage Corridor, Rhode Island and
Massachusetts.
(b) FEDERAL SHARE.—Funds made available under this section
for planning and design of a project may not exceed 75 percent
of the total cost of such planning and design.
SEC. 570. DREDGED MATERIAL CONTAINMENT FACILITY FOR PORT
OF PROVIDENCE, RHODE ISLAND.

(a) IN GENERAL.—The Secretary may construct, operate, and
maintain a dredged material containment facility with a capacity
commensurate with the long-term dredged material disposal needs
of port facilities under the jurisdiction of the Port of Providence,
Rhode Island.
(b) COST SHARING.—The costs associated with feasibility
studies, design, engineering, and construction shall be shared with
the non-Federal interest in accordance with section 101 of the
Water Resources Development Act of 1986 (33 U.S.C. 2211).
(c) PUBLIC BENEFIT.—After the facility constructed under subsection (a) has been filled to capacity with dredged material, the
Secretary shall maintain the facility for the public benefit.
SEC. 571. QUONSET POINT-DAVISVILLE, RHODE ISLAND.

The Secretary shall replace the bulkhead between piers 1 and
2 at the Quonset Point-Davisville Industrial Park, Rhode Island,
at a total cost of $1,350,000, with an estimated Federal cost of
$1,012,500 and an estimated non-Federal cost of $337,500. In
conjunction with this project, the Secretary shall install high mast
lighting at pier 2 at a total cost of $300,000, with an estimated
Federal cost of $225,000 and an estimated non-Federal cost of
$75,000.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3789

SEC. 572. EAST RIDGE, TENNESSEE.

The Secretary shall conduct a limited reevaluation of the flood
management study for the East Ridge and Hamilton County area,
Tennessee, undertaken by the Tennessee Valley Authority and may
carry out the project at an estimated total cost of up to $25,000,000.
SEC. 573. MURFREESBORO, TENNESSEE.

The Secretary may carry out a project for environmental
enhancement, Murfreesboro, Tennessee, in accordance with the
Report and Environmental Assessment, Black Fox, Murfree and
Oaklands Spring Wetlands, Murfreesboro, Rutherford County, Tennessee, dated August 1994.
SEC. 574. TENNESSEE RIVER, HAMILTON COUNTY, TENNESSEE.

The Secretary shall conduct a study for a project for bank
stabilization, Tennessee River, Hamilton County, Tennessee, and,
if the Secretary determines that the project is feasible, may carry
out the project, at a maximum Federal cost of $7,500,000.
SEC. 575. HARRIS COUNTY, TEXAS.

(a) IN GENERAL.—During any evaluation of economic benefits
and costs for projects set forth in subsection (b) that occurs after
the date of the enactment of this Act, the Secretary shall not
consider flood control works constructed by non-Federal interests
within the drainage area of such projects prior to the date of
such evaluation in the determination of conditions existing prior
to construction of the project.
(b) SPECIFIC PROJECTS.—The projects to which subsection (a)
apply are—
(1) the project for flood control, Buffalo Bayou Basin, Texas,
authorized by section 203 of the Flood Control Act of 1954
(68 Stat. 1258);
(2) the project for flood control, Buffalo Bayou and tributaries, Texas, authorized by section 101(a) of the Water
Resources Development Act of 1990 (104 Stat. 4610); and
(3) the project for flood control, Cypress Creek, Texas,
authorized by section 3(a)(13) of the Water Resources Development Act of 1988 (102 Stat. 4014).
SEC. 576. NEABSCO CREEK, VIRGINIA.

The Secretary shall carry out a project for flood control, Neabsco
Creek Watershed, Prince William County, Virginia, at an estimated
total cost of $1,500,000.
SEC. 577. TANGIER ISLAND, VIRGINIA.

(a) IN GENERAL.—The Secretary shall design and construct
a breakwater at the North Channel on Tangier Island, Virginia,
at a total cost of $1,200,000, with an estimated Federal cost of
$900,000 and an estimated non-Federal cost of $300,000.
(b) COST-BENEFIT RATIO.—Congress finds that in view of the
historic preservation benefits resulting from the project authorized
by this section, the overall benefits of the project exceed the costs
of the project.
SEC. 578. PIERCE COUNTY, WASHINGTON.

(a) PROVISION OF TECHNICAL ASSISTANCE.—The Secretary shall
provide technical assistance to Pierce County, Washington, to
address measures that are necessary to ensure that non-Federal

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levees are adequately maintained and satisfy eligibility criteria
for rehabilitation assistance under section 5 of the Act entitled
‘‘An Act authorizing the construction of certain public works on
rivers and harbors for flood control, and for other purposes’’,
approved August 18, 1941 (33 U.S.C. 701n; 55 Stat. 650).
(b) PURPOSE OF ASSISTANCE.—The purpose of the assistance
under this section shall be to provide a review of the requirements
of the Puyallup Tribe of Indians Settlement Act of 1989 (25 U.S.C.
1773 et seq.; 103 Stat. 83) and standards for project maintenance
and vegetation management used by the Secretary in order to
determine eligibility for levee rehabilitation assistance and, if appropriate, to amend such standards as needed to make non-Federal
levees eligible for assistance that may be necessary as a result
of future flooding.
SEC. 579. GREENBRIER RIVER BASIN, WEST VIRGINIA, FLOOD PROTECTION.

(a) IN GENERAL.—The Secretary may design and implement
a flood damage reduction program for the Greenbrier River Basin,
West Virginia, in the vicinity of Durbin, Cass, Marlinton, Renick,
Ronceverte, and Alderson as generally presented in the District
Engineer’s draft Greenbrier River Basin Study Evaluation Report,
dated July 1994, to the extent provided under subsection (b) to
afford such communities a level of protection against flooding sufficient to reduce future losses to such communities from the likelihood
of flooding such as occurred in November 1985, January 1996,
and May 1996.
(b) FLOOD PROTECTION MEASURES.—The flood damage reduction program referred to in subsection (a) may include the following
as the Chief of Engineers determines necessary and advisable in
consultation with the communities referred to in subsection (a):
(1) Local protection projects such as levees, floodwalls,
channelization, small tributary stream impoundments, and nonstructural measures such as individual floodproofing.
(2) Floodplain relocations and resettlement site developments, floodplain evacuations, and a comprehensive river corridor and watershed management plan generally in accordance
with the District Engineer’s draft Greenbrier River Corridor
Management Plan, Concept Study, dated April 1996.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $12,000,000.
SEC. 580. LOWER MUD RIVER, MILTON, WEST VIRGINIA.

The Secretary shall conduct a limited reevaluation of the watershed plan and the environmental impact statement prepared for
the Lower Mud River, Milton, West Virginia, by the Natural
Resources Conservation Service pursuant to the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.) and may
carry out the project.
SEC. 581. WEST VIRGINIA AND PENNSYLVANIA FLOOD CONTROL.

(a) IN GENERAL.—The Secretary may design and construct flood
control measures in the Cheat and Tygart River Basins, West
Virginia, and the Lower Allegheny, Lower Monongahela, West
Branch Susquehanna, and Juniata River Basins, Pennsylvania, at
a level of protection sufficient to prevent any future losses to these
communities from flooding such as occurred in January 1996, but
no less than a 100-year level of flood protection.

PUBLIC LAW 104–303—OCT. 12, 1996

110 STAT. 3791

(b) PRIORITY COMMUNITIES.—In carrying out this section, the
Secretary shall give priority to the communities of—
(1) Parsons and Rowlesburg, West Virginia, in the Cheat
River Basin;
(2) Bellington and Phillipi, West Virginia, in the Tygart
River Basin;
(3) Connellsville, Pennsylvania, in the Lower Monongahela
River Basin;
(4) Benson, Hooversville, Clymer, and New Bethlehem,
Pennsylvania, in the Lower Allegheny River Basin;
(5) Patton, Barnesboro, Coalport, and Spangler, Pennsylvania, in the West Branch Susquehanna River Basin; and
(6) Bedford, Linds Crossings, and Logan Township in the
Juniata River Basin.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $12,000,000.
SEC. 582. SITE DESIGNATION.

Section 102(c)(4) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is amended—
(1) by inserting after ‘‘for a site’’ the following: ‘‘(other
than the site located off the coast of Newport Beach, California,
which is known as ‘LA–3’)’’; and
(2) by adding at the end the following: ‘‘Beginning January
1, 2000, no permit for dumping pursuant to this Act or
authorization for dumping under section 103(e) shall be issued
for the site located off the coast of Newport Beach, California,
which is known as ‘LA–3’, unless such site has received a
final designation pursuant to this subsection or an alternative
site has been selected pursuant to section 103(b).’’.

California.

Effective date.

SEC. 583. LONG ISLAND SOUND.

Section 119(e) of the Federal Water Pollution Control Act (33
U.S.C. 1269(e)) is amended by striking ‘‘1996’’ each place it appears
and inserting ‘‘2001’’.
SEC. 584. WATER MONITORING STATION.

Montana.

(a) ASSISTANCE.—The Secretary shall provide assistance to nonFederal interests for reconstruction of the water monitoring station
on the North Fork of the Flathead River, Montana.
(b) FUNDING.—There is authorized to be appropriated to carry
out this section $50,000.
SEC. 585. OVERFLOW MANAGEMENT FACILITY.

Rhode Island.

(a) ASSISTANCE.—The Secretary shall provide assistance to the
Narragansett Bay Commission for the construction of a combined
river overflow management facility in Rhode Island.
(b) FUNDING.—There is authorized to be appropriated to carry
out this section $30,000,000.
SEC. 586. PRIVATIZATION OF INFRASTRUCTURE ASSETS.

(a) IN GENERAL.—Notwithstanding the provisions of title II
of the Federal Water Pollution Control Act (33 U.S.C. 1281 et
seq.), Executive Order 12803, or any other law or authority, an
entity that received Federal grant assistance for an infrastructure
asset under the Federal Water Pollution Control Act shall not
be required to repay any portion of the grant upon the lease or
concession of the asset only if—

33 USC 1281
note.

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PUBLIC LAW 104–303—OCT. 12, 1996

(1) ownership of the asset remains with the entity that
received the grant; and
(2) the Administrator of the Environmental Protection
Agency determines that the lease or concession furthers the
purposes of such Act and approves the lease or concession.
(b) LIMITATION.—The Administrator shall not approve a total
of more than 5 leases and concessions under this section.

TITLE VI—EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR
MAINTENANCE TRUST FUND
SEC. 601. EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR
MAINTENANCE TRUST FUND.
26 USC 9505.

Paragraph (1) of section 9505(c) of the Internal Revenue Code
of 1986 (relating to expenditures from Harbor Maintenance Trust
Fund) is amended to read as follows:
‘‘(1) to carry out section 210 of the Water Resources Development Act of 1986 (as in effect on the date of the enactment
of the Water Resources Development Act of 1996),’’.
Approved October 12, 1996.

LEGISLATIVE HISTORY—S. 640 (H.R. 3592):
HOUSE REPORTS: Nos. 104–695 accompanying H.R. 3592 (Comm. on Transportation and Infrastructure) and 104–843 (Comm. on Conference).
SENATE REPORTS: No. 104–170 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 142 (1996):
July 11, considered and passed Senate.
July 30, H.R. 3592 considered and passed House; S. 640, amended, passed
in lieu.
Sept. 26, House agreed to conference report.
Sept. 27, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Oct. 12, Presidential statement.

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