HomeMy WebLinkAboutAPA4173PUBLIC LAW 94-587-0CT. 22, 1976
Public Law 94:...58T
94th Congress
An Act
Authorizing the construction, repair, and preservation of certain public works
on rivers and harbors for nayigation, fiood control, and for other purposes.
Be it enacted by tlte Senate and Houu of Representatives of the
United States of America i:n Congress assembled,
SECTION 101. (a) The Secretary of the Army, acting through the
Chief of Engineers, is hereby authorized to undertake the phase I
design memorandum stage of advanced engineering and design of the
following water resources development projects, substantially in
accordance with, and subje.ct to the conditions recommended by the
Chief of Engineers in, the reports hereinafter designated.
]\.fiDDLE ATLANTIC CoAS'rAL REGION
The project for beach erosion control, navigation, and storm pro-
tection from Hereford Inlet to the Delaware Bay entrance to the
Cape May Canal, New Jersey: Report of the Chief of Engineers dated
September 30, 1975, at an estimated cost of $2,062,000.
The project for beach erosion control, navigation, and storm pro-
tection from Barnegat Inlet to Longport, New Jersey: Report of the
Chief of Engineers dated October 24, 1975, at an estimated cost of
$2,396,000.
t\T ALLKILL RIVER BASIN
The project for flood control of the Black Dirt Area, Wallkill
River, New York and New Jersey: House Document Numbered
94:--499, at an estimated cost of $330,000.
PASSAIC RIVF~R BASIN
The project for flood control in the Passaic River Basin, New Jersey
and New York: Report of the Chief of Engineers dated February 18,
1976, at an estimated cost of $12,000,000.
SusQUEHANNA Rn'ER BASIN
The project for flood control at Lock Haven, Pennsylvania: House
Document Numbered 94-577, at an estimated cost of $430,000. ,
The project for flood control at 1Vyoming Valley, Susquehanna
River, Luzerne County, Pennsylvania: House Document Numbered
94482, at an estimated cost of $450,000.
,JAMES RIVER BASIN
The project for flood control at Richmond, Virginia~: Report of the
Chief of Engineers dated January 7, 1976, at an estimated cost of
$800,000.
SouTH ATLANTIC CoASTAL REGION
The project for navigation at Brunswick Harbor, Georgia: Report
of the Chief of Engineers dated August 18, 1976, at an estimated cost
of $300,000, except that the Secretary of the Army, acting through
89-139 (498) 0
90 STAT. 2917
Oct. 22, 1976
[S. 3823]
Water Resources
Development Act
of 1976.
90 STAT. 2918
88 Stat. 28.
33 USC 426e.
PUBLIC LAW 94-587-0CT. 22, 1976
the Chief o:f Engineers, shall include as part o:f the phase I study
consideration o:f dredging a navigation channel to Colonel's Island.
CooPER RIVER BASIN
The project :for navigation improvements at Charleston Harbor,
South Carolina : House Document Numbered 94-436, at an estimated
cost of $500,000.
CmuroNWEALTH oF PuERTO Rrco
The project for navigation improvements at San Juan Harbor,
Puerto Rico: House Document Numbered 94-574, at an estimated cost
of $300,000.
UPPER MISSISSIPPI RIVER BASIN
The project for local flood protection and other purposes at La
Crosse, ·wisconsin, on the Mississippi River: House Document Num-
bered 94-598, at an estimated cost o:f $400,000.
GREAT LAKES BASIN
The project for beach erosion control for Presque Isle Peninsula
at Erie, Pem1sylvania: Report of the Chief of Engineers elated April 8,
1976, at an estimated cost of $700,000. At the expiration of the
authorization provided in section 57 of the ·water Resources Develop-
ment Act of 1974, the Secretary of the Army, acting through the
Chief o:f Engineers, may provide periodic beach nourishment in
accordance with the cost sharing provisions of section 103 (a) ( 2) of
the Act of October 23, 1962 (76 Stat. 1178).
The project for flood control and other purposes on Little Calumet
River in Indiana: Report o:f the Chief of ENgineers dated July 19,
1976, at an estimated cost o:f $1,400,000.
SIUSLA w RIVER
The project :for navigation improvements on the Siuslaw River
and Bar at Siuslaw, Oregon: In accordance with the final report o:f
the Chief o:f Engineers, at an estimated cost of $50,000. This shall
take effect upon submittal to the Secretary of the Army by the Chief
of Engineers and notification to Congress of the approval o:f the
Chief of Engineers.
p APILLON CREEK BASIN
The project for local flood protection on ;I?apillon Creek at Omaha,
Nebraska: In accordance with the final report o:f the Chief of Engi-
neers, at an 0stimated cost of $75,000. This shall take effect upon
submittal to the Secretary o:f the Army by the Chief of Engineers
and notification to Congress o:f the approval of the Chief o:f Engineers.
OHIO RIVER BASIN
The project for abatement of acid mine drainage in the Clarion
River Basin, Pennsylvania: Report of the Secretary of the Army
elated April 1971, entitled, "Development of Water Resources in
Appalachia", at an estimated cost o:f $600,000.
PUBLIC LAW 94-587-0CT. 22, 1976
LowER ~fiSSISSIPPI RrvER BAsiN
The project :for flood protection for St. Johns Bayou and New
Madrid Flood way, Missouri: Report of the Chief o:f Engineers dated
September 26, 1975, at an estimated cost of $300,000.
The project :for flood protection for Nonconnah Creek, Tennessee
and Mississippi: Report o:f the Chief o:f Engineers dated June 23,1976,
and as an independent part of this project, improvements for flood
control and allied purposes on Horn Lake Creek and tributaries,
including Cowpen Creek, Tennessee and Mississippi, at an estimated
cost o:f $400,000.
TExAs GULF CoAST REGION
The project :for natural salt pollution contro 1 in the Brazos River:
Report of the Chief of Engineers dated June 1, 1976, at an estimated
cost of $650,000.
RIO GRANDE BAsiN
The project for flood control and other purposes, on the Rio Grande
and Rio Salado (Rio Puerco), New Mexico: Report of the Chief o:f
Engineers dated September 27, 1976, at an estimated cost o:f $1,500,000.
MISSOURI RIVER BASIN
The project :for flood protection for Jefferson City on \Years Creeks,
Missouri: Report of the Chief o:f Engineers dated October 21, 1975,
at an estimated cost o:f $50,000.
CoLUMBIA R,IVER BASIN
The project :for construction and installation of a second power-
house at McNary Lock and Dam, Columbia River, Oregon and 1Vash-
ington: Report of the Chief o:f Engineers elated June 29, 1976, at an
estimated cost of $1,800,000.
PE~IBINA RIVER BASIN
The project :for flood control on the Pembina River at 'Yalhalla,
North Dakota: Report of the Division Engineer dated May 24, 1976,
at an estimated cost of $930,000. This shall take effect upon submittal
to the Secretary o:f the Army by the Chief of Engineers and notifica-
tion to Congress of the approval of the Chief of Engineers.
CALLEGUAS CREEK BASIN
The project for flood control and other purposes on Calleguas Creek,
Simi Valley to Moorpark, Ventura County, California: Report o:f the
Chief of Engineers elated June 21, 1976, at an estimated cost of
$1,060,000.
SACRAMENTO-SAN JOAQUIN BASIN
The project for flood control and other purposes on Morrison Creek
Stream Group, California: Report of the Chief of Engineers elated
March 2, 1976, at an estimated cost of $750,000.
NoRTH-EASTERN ATLANTIC CoASTAL REGION
The project for navigation improvements in New London Harbor
and Thames River at New London, Connecticut : Report of the Chief
90 STAT. 2919
90 STAT. 2920
Finding,
transmittal to
congressional
committees.
Appropriation
authorization.
Transmittal to
congressional
committee.
33 usc 701-l.
Termination date.
Appropriation
authorization.
33 USC 70lc
note, 701-l note.
82 Stat. 739.
PUBLIC LAW 94-587-0CT. 22, 1976
of Engineers dated February 20, 1975, at an estimated cost of
$8,022,000.
RED RIVER OF TilE NORTH BASIN
The project for local flood protection at Grafton North Dakota, on
the Park River: Report of the Chief of Engineers dated June 11, 1976,
at an estimated cost of $10,973,000.
(b) The Secretary of the Army is authorized to undertake advanced
engin<>ering and design for the projects in subsection (a) of this sec-
tion after completion of the phase I design memorandum staae of
such projects. 8uch advanced engineering and design may be u~der
taken only upon a finding by the Chief of Engineers, transmitted to
the Committees on Public 'Vorks of the Senate and Public ·works and
Transportation of the House of Representatives, that the project is
without substantial controversy, that it is substantially in accordance
with and subject to the conditions recommended for such project in
this section, and that the advanced engineering and design will be
compatible with any project modifications which may be under con-
sideration. There is authorized to carry out this subsection not to
exceed $5,000,000. ~o funds appropriated under this subsection may
be usPd for land acquisition or commencement of construction.
(c) l\'hrne,·rr the Chief of Engineers transmits his recommenda-
tions for a water rrsources development project to thr Secretary of
the Army for transmittal to the Congrrss, as authorized in the first
section of the Act of December 22, 1944, the Chief of Engineers is
authorized to undertake the phase I design memorandum stage of
advanced engineering and design of such project if the Chi1d of
EnginPPrs finds and transmits to the Committees on Public Works and
Transportation of the House of Representatives and Public 'Vorks
of the Senatr, that the project is without substantial controversy and
justifies further engineering, economic, and environmental inves-
tigations. Anthorization for such phase I work for a project shall
terminate on thP datr of enactment of the first 1Vatrr Resources Devel-
opment Act rnacted after the date such work is first authorized. There
is authorizrd to carry out this subsection not to exceed $4,000,000 per
fiscal year for each of the fiscal years 1978 and 1979.
SEc. 102. Sections 201 and 202 and the last three sentencrs in sec-
tion 203 of the Flood Control Act of 1968 shall apply to all projects
authorized in this section. The following \Yorks of improvement for
f he benefit of navigation and the control of destructive floodwaters
and other purposes are hereby adopted and authorized to be pros-
ecuted by the Secretary of the Army, acting through the Chief of
Engineers, substantially in accordance with the plans and subject to
the conditions recommended by the Chief of Engineers in the respec-
tive reports hereinafter designated.
UPPER MISSISSIPPI RIVER BASIN
The project for local flood protection and other purposes at Chaska,
)Iinnrsota. on the Minnesota River: Report of the Chief of Engi-
nerrs dated May 12, 1976, at an estimated cost of $10,498,000.
JAMES RIVER BASIN
The projrct for flood control at the Richmond, Virginia, filtration
plant: House Document Numbered 94-543, at an estimated cost of
$4,617,000.
PUBLIC LAW 94-587-0CT. 22, 1976 90 STAT. 2921
LowER ~IrssrssiPPI RIVER BASIN
The project for flood control for Harris Fork Creek, Tennessee
and Kentucky: House Document Numbered 94-221, except t~at high-
way bridae relocations and alterations required for the proJect shall
be at Federal expense, at an estimated cost of $5,000,000.
NECHES BASIN
The project for salt water control on the Neches River and Tri~u
taries Salt 'Vater Barrier at Beaumont, Texas : Report of the Chief
of En'aineers dated April 12, 1976, at an estimated cost of $14,300,000,
except that the non-Federal share for such project shall not exceed
$2,100,000.
vVEsTERN CoAS'rAL REGION
The project for navigation in Los Angeles-Long Beacf! Harbors,
California: House Document Numbered 94-594, at an estimated cost
of $16,850,000.
COLL'MBIA RIVER BASIN
Fish and 1Vildlife Compensation Plan for the Lower Snake River,
\Vashinaton and Idaho, substantially in accordance with a report on
file witl~ the Chief of IDngineers, at an estimated cost of $58,400,000.
SEc. 103. The flood control project for San Antonio Channel
improvement. Texas. authorized by section 203 of the Flood Control
Act of 1954 (68 Stat. 1260) as a part of the com~reh~nsive plan f<?r
flood protection on the Guadalupe and San Antomo Rivers, Texas, IS
hereby modified to authorize and direct the Secretary of the Army,
actin.;. throurrh the Chief of Engineers. to construct such additional
b b ' d t h flood controf measures as are needed to preserve an pro ect t e
Espada Arequia Aqueduct, loc~ted in the vicinity of. Six Mile Creek,
at an estimated Federal cost of $2,050,000. ConstructiOn of such flood
control measnrrs shall be subject to the same conditions .of local coop-
eration as required for the existing floo? control pr<?Ject. .
SEc. 104. The project for flood pro~ectlon on the ~mnesota Riyer
at Mankato and North Mankato, Mmnesota, authonzed by section
203 of the Flood Control Act of 1958, as. modified, _is he~eby further
modified to provide that changes to the highway bndges m Mankato-
North Mankato at United States Highway 169 over the Blue Earth
Ri,·er and at Main Street over the Minnesota River, including rights-
of-way, changes to approaches an.d reloca~ions, made necessary by
the projrct and its prrsent plan of protectiOn shall be accomplished
at complete Federal expense, at an estimated cost of $8,175,000.
SEc. 105. The general comprehensive plan for flood control and
other purposes f~r the White River Basi~ approved bJ:' the Flood
Control Act of June 28, 1938, as amended, IS hereby modified to pro-
vide that an amount not to exceed $6,000,000 may be used for the
construrtion at Rravrr Dam, Carroll County, Arkansas, of trout pro-
duction measures (including a fish hatchery) in compensation for the
reduced number of fresh water fish in the 1Vhite River and other
streams in Arkansas which has resulted from the construction of the
Beavrr Dam and other dams in the State of Arkansas, and for the
acquisition of necessary real est::te, construction of access roads and
utilities, and performance of serviCes relate~ thereto, as deemed appro-pria~e by the Secretary of the Army, actmg through the Chief of
Engmeers.
33 USC 702a-12
note.
72 Stat. 305.
52 Stat. 1215.
90 STAT. 2922
New London,
Conn., project
modification.
Non-Federal
interest,
requirements.
Congressional
notification.
Santa Anna
River, Calif.
project, phase
I design stage.
Notice to
Congress.
PUBLIC LAW 94-587-0CT. 22, 1976
~SEc. 106. (a) The pr:oject for h~rricane-flood control protection at
I\ew London, Connecticut, authonzed by the Flood Control Act of
1V62 (76 Stat. 1180) is hereby modified to delete the Powder Island-
Bentl~·ys C~·erk h~rrica1w protecti?n barrier; a?d to a~thorize con-
:,;trnctlon of the ::lha w Cove lmrncane protectiOn barrier. pressure
co_mluit, and_ pumping s!ation works sub~tantially in a'ccorclance
w1th the rensed plan "New London Hurncane Protection", dated
,June 1 H76, on file in the Office of the Chief of En<Yine€'rs and €'sti-
mated to cost $7,745,000; with such modifications ~s the Chief of
EnginPers may d€'em advisable.
(b) Prior to initiation of construction of the project, appropriate
non-Federal interests shall agree--
(1) to provide without cost to the United States all lands, ease-
ments, and rights-of-way necessary for construction and opera-
tion of the projpct;
(2) to hold and save the United States free from damage due
to construction, operation, and maintenance of the project not
including damages due to the fault or negligence of the United
States or its contractors;
(3) to accomplish without cost to the United States all modifi-
cations or relocations of existing sewerage and drainage facilities,
buildings, utilities, and highways made necessary by construction
of the project not to include sewerage and drainage facilities at
the line of protection;
( 4) to maintain and operate all features of the project after
completion in accordance with regulations prescribed by the Sec-
retary of the Army; and
( 5) to bear 30 per centum of the total first cost.
(c) Notwithstanding subsection (b) of this section, or any other
provision of law, non-Federal interests shall bear no part of the cost
of any design for this project rejected or otherwise not accepted by
such interests prior to the date of €'naetment of this sPction.
SEc. 107. Section 107 (b) of the River and Harbor Act of 1970
(84 Stat. 1818, 1820), as amended, is further amended by striking out
"December 31, 1976" and inserting in lieu thereof "Septeml:er 30,
1979" and striking out "$9,500,000" and inserting in lieu therpof
"$15,!)68,000". Snch section 107 (b) is further amended in the second
f;entence thereof by strikino-out "environmental and ecological inves-
tigation;" and inserting in 1ieu thereof "environmental and ecological
investigations, including an investigation of measures necessary to
ameliorate any adverse impacts upon local communities;".
SEc. 108. The S€'cretary of the Army, acting through the ('h;ef of
Engineers, is authorized to undertake the phase I desigll. memorandum
stage of advanced engineering and design of the Chicagoland unde•·-
flow plan project for flood control and other purposes in accordance
with the report of the Board of Engineers for Rivers and Harbors
dated .July 27, 1976, at an estimated cost of $12,000,000. This shall
take effect upon submittal to the Secretary of the Army by the Chief
of Engineers and notification to Congress of the approval of the Chief
of Engineers.
SEc. 109. The Secretary of the Army, acting through tJ1e Chief of
Engineers, is authorized to undertake the phase I desio:n memoran-
dum stage of advanced engineering and design of the project for flood
control and other purposes on the Santa Ana River, California, in
accordance with the recommendations of the division engineer dated
February 27, 1976 at an estimated cost of $700,000. This shall take
PUBLIC LAW 94-587-0CT. 22, 1976
effect upon submittal to the Secretary of the Army by the Chief of
Engineers and notification to Congress of the approval of the Chief
of Engineers.
SEc. 110. The project for navigation for the Atlantic Intracoastal
·waterway Bridges, Virginia and .North Carolina, authorized by sec~
tion 101 of the Rivers and Harbors Act of 1970 (8·1: Stat. 1818) is
hereby modified in accordance with the recommendations of the Chief
of Engineers in House Document X umbered 9-1-597 with respect to
·Wilkerson Creek Bridge, North Carolina, and Coinjock Bridge, .North
Carolina, at an estimated cost of $2,875,000.
SBc. 111. The project for the Saylorville Heservoir on the Des
Moines River, Iowa, authorized by section 203 of the Flood Control
Act of 1958 (72 Stat. 310) is hereby modified in accordance with the
recommendations of the Chief of Engineers in House Document
Numbered 94--487 at an estimated cost of $7,374,000. The Secretary
of the Army, acting through the Chief of Engineers, may carry out
each segment of such recommendations independently if he deems
appropriate. The Secretary of the Army, acting through the Chief
of Engineers is further authorized to (1) undertake such measures,
including renegotiating existing easements and the acquisition of
additional interests in land, as are appropriate to operate Saylorville
Lake and Lake Red Rock projects, singly or as a system, to obtain
the maximum benefits therefrom in the public interest and to prop-
erly indemnify owners of such easements or interests in land; and (2)
provide for the full development of campground and other recrea-
tion sites and access thereto for the Lake Red Rock and Saylorville
Lake projects at Federal cost, inclnding the improvem€'nt of existing
~ounty or S~ate roads outside the project limits to provide better access
mto recreatiOn areas.
SEc. 112. The project for navigation improvements on Mobile Har-
bor, Theodore Ship Channel, Alabama, approved by resolutions of
the Committee on Public \Vorks of the Senate and the Committee on
Public 1Vorks of the House of Representatives dated December 15,
1970, is hereby modified in accordance with the report of the Board
of Engineers for Rivers and Harbors dated May 28, 1976, at an esti-
mated cost of $42,800,000.
SEc. 113. The flood control project for Del Valle Reservoir,
Alam€'da Creek, California, authorized by section 203 of the Flood
Control Act of 1962 is hereby modified in accordance with the report
of the Chief of Engineers dated July 27, 1976, to increase the contri-
bution made by the United States to the State of California toward
the cost of construction, maintenance, and operation from $4,080,000
to $4,650,000.
SEc. 114. The project for the replacement of Vermilion Lock,
Louisiana, on the Gulf Intracoastal Waterway is hereby authorized
substantially in accordance with the recommendations of the Chief
of Engineers in the report dated August 3, 1976, at an estimated cost
of $20,683,000.
SBc. 115. The Secretary of the Army, acting through the Chief of
Engineers, is authorized to undertake the phase I desie:n memorandum
stage of advanced engineering and design of modification of the
Gallipolis Locks and Dam project, Ohio River, limited to a single
1,200 foot replacement lock, in accordance with the recommendations
of the Chief of Engineers dated ,July 14, 1975, at an estimated cost of
$2,800,000.
SEc. 116. The last sentence of section 91 of the ·water Resources
Development Act of 1974 (88 Stat. Rfl) is amended to read as follows:
90 STAT. 2923
Atlantic
Intracoastal
Waterway
Bridges, V a.,
N.C., project
modification.
Des Moines
River, Iowa,
project
modification.
Mobile Harbor,
Ala., project
modification.
Alameda Creek,
Calif., project
modification.
Vermilion Lock,
La., project
replacement.
Gallipolis Locks
and Dam, Ohio,
project
modification.
Appropriation
authorization.
90 STAT. 2924 PUBLIC LAW 94-587-0CT. 22, 1976
River system
management
plan, study.
Land conveyance.
Law enforcement
services,
contracts.
42 usc
l962d-5d.
Appropriation
authorization.
Nelson, Pa.,
relocation.
"There are authorized to be appropriated not to exceed $28,725,000 to
carry out such project.".
S~c. 117 .. The Sec~·etary <?f the .Army, acting through the yhief. of
~ngmeers, Is authorized to mvestigate and study in cooperatiOn w1th
mterested States and Federal agencies throurrh tl;e Upper Mississippi 1~· B . C . . I l ' '"' \l ver as~n omnusswn t w c evelopment of a river system manage·
m~nt p~an m the format of the "Great River Study" for the Mississippi
R1ver from the mouth of the Ohio River to the head of naviuation at ~Iinneapolis,_ i~corporating to~al river resource requirement~ includ-
mg, but n?t hpnted to, n_avigatwn, the effects of increased barge traffic,
fish and wildlife, recreatwn, watershed management and water quality
at an estimated cost of $9,100,000. '
SEc. 118. (a) ·whenever the Secretary of the Army finds that--
( 1) the Intracoastal vV atcr·way is no longer routed along a part
of the segment of the Louisiana-Texas Intracoastal vVaterway
right-of-way described in subsection (b) of this section;
(2) maintenance of such part of the right-of-way has been
abandoned by the Corps of Engineers; and
(3) such part of the right-of-way is no longrr navigable by
watercraft;
he shall convey, without monetary consideration, any easements or
other rights or interests in real property which the United States
acquire<:J-for the construction, operation, or maintenance of such part
of the nght-of-way to each o>vner of record ofthe real property which
is subject to such easements, rights, or interests of the United States.
(b) The segment of the Louisiana-Texas. Intracoastal Waterway
right-of-way referred to in subsection (a) of this section is that seg-
ment of the right-of-way for the Louisiana-Texas Intracoastal vVater-
way, Calcasien-Sabine section, which (1) is within the portion of the
right-of-way for the old Intracoastal Waterway channel (known
locally as the "East--West Canal") extending from the east bank of the
Calcasieu River at a point approximately twenty miles south of Lake
Charles, Louisiana, to the Chonpique Cutoff in the Intracoastal vVater-
way, and (2) is located on the southeast quarter of the southeast quar-
ter of section 25, township 11 south, range 10 west, and in the west half
of the soutlnvest quarter of section 30, township 11 south, range 9 west,
Calcasieu Parish, Louisiana.
SEc. 119. Section 4 of the Act of ,Tune 21, 1940, as amended (54 Stat.
498; 33 U.S.C. 514), is amended in the first sentence by striking out
"It shall be the duty of the bridge owner to prepare and submit to the
Sec:·etary, within ninety days after service of his order" and inserting
in hen thereof "After the service of an order under this Act, it shall
be the duty of the bridge owner to prepare and submit to the Seeretary
of Transportation, within a reasonable time as prescribed by the
Secretary".
SEc. 120. (a) The Secretary of the Army, acting through the Chief
of Engineers, is authorized to contract with States and their political
subdivisions for the purpose of obtaining increased law enforcement
services at water resources development projects under the jurisdiction
of ~he Secretary of the Army to meet needs during peak visitation
penods.
(b) There is authorized to be appropriated $6,000,000 per fiscal year
for the fiscal years ending September 30, 1978, and September 30, 1979,
to carry out this section.
SEc. 121. (a) The project for flood protection on the North Branch
of the Susquehanna River, New York and Pennsylvania, authorized
PUBLIC LAW 94-587-0CT. 22, 1976
by s~ction 203 of th~ Flood C?ntrol Act of 1958 (72 Stat. 306) is hereby
modified to aut~wnze and_ direct .the Secret_ary o! the Army, act~ng
through the Ch1ef of Engmeers, m connectwn with the constructwn
of the Cowans9-ue Dam to relocate the town of Nelson, Pennsylvania,
to a new townsite.
(b) As part ?f such}·el?cation, the Secretary of the Army, acting
t h.rough the Clm:f of Eng meers, shall ( 1) cooperate in the planning
of a ~1ew towu.'nth ~ther Federal agencies and appropriate non-Fed-
eral mterests, mcludmg Nelson, (2) acquire lands necessary for the
new tow1~ ~md to convey title to said lands to individuals, business or
other entities, and to the town as appropriate, and ( 3) construct neces-
sary municipal facilities. ·
. (c). The compensation _Paid t_o any individual or entity for the tak-
n~g of property under tlus sectwn shall be tlw amount due such indi-
vidual or entity under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 lrss the fair market value
of the real_p_rope~ty. c_o~veyed ~o such individual or entity in the new
town . .MumCIJ?ttl facih_t~e~ prov~ded under the authority of this section
shall ~e ~nbstitute facilities winch sene reasonably as well as those in
the ex1stmg town of Nelson. except that such facilities shall be con-
struc_ted to such higher standards as may be necessary to comply with
applicable Federal and State laws. Additional facilities may be con-
structed, only at the expense of appropriate non-Federal interests.
(d) Before the ~ecretary o! the Army acquires any real property
f?r t_he new townsite appropriate non-Federal interests shall furnish
bipclmg ~ontractual. commitments that all lots in the new townsite
Will be either occupie_d when ~v~_tilable, 'lvill be replacements for open
space and vacant lots m the existmg town, or will be purchased by non-
Federal interests at the fair market value.
SEc. ~22. (a) The Se?retary of the Army. acting through thr Chief
of Engmeers, _Is att!honzed and directed to review the requirement of
loca_l cooperatiOn with respect. to providing a spoil disposal area for the
proJect at Deer C!·e~k, '\Varw~ck County (now \vi thin the city of New-
port News), V~ma, authonzed by the Act of August 26,1937 (com-
monly ref~rTe!(i. t9as the River_ and Harbor Act of 1937, 50 Stat. 846),
to determme 1f. (1) such reqmrement should be eliminated, and (2)
C~aney Island ~1sposal area shoul~ be used as th~ spoil disposal area for
dredged 1~1ater;al from such proJect. S_ucl_1 review shall be completed
and submitted 1~ a rerort to Congress Withm two years after the date of
enactment of this sectiOn.
{~) Beginning on the dat~ of enact!llent .of this section, (1) the re-
qun ement of local cooperatwn descnbed m subsection (a) shall be
susren<:J-ed, and (2) Craney Island disposal area shall be used as the
spml diSposal area for dredg.ed material from s~1ch project, until Con-
gre;Ss, by a. statute ~nacted ~fter the date on winch the report required
by subsection (a) IS submitted, removes such suspension.
S~c. 123 .. The Secr~tary of the Army, acting through the Chief of
Engmeers, IS authonzed ~o orerate and maintain the Los Angeles-
Lo~g Beach harbo~ model_m VIcksburg, Mississippi, for the purpose of
testmg proposa~s for the Improvement of navigation in, and the envi-
ronmental quahty of, the har:bor wa~ers of the ports of Los Angeles
a_nd Long Beach to determme optimum plans for future expan-
~Ion o! b~th ports. _Suc!r test~ng shall include, but not be limited to,
~nve~bgatwn of oscillatw~s, ti~al flushi~g characteristics, water qual-
Ity, Improvements for navigation, dredgmg, harbor fills ,and physical
structures. '
89-139 0 -76 - 2 (498)
90 STAT. 2925
New town
planning,
cooperation.
Compensation.
42 usc 4601
note.
Local
cooperation,
review.
Report to
Congress.
Los Angeles-Long
Beach harbor
model,
Vicksburg, Miss.,
maintenance.
90 STAT. 2926
Corpus Christi
Bay, Tex., project
modification.
82 Stat. 731.
Ante, p. 2917.
Waiver.
Louisiana,
highway
construction.
Wister Lake,
Okla., project
modification.
PUBLIC LAW 94-587-0CT. 22, 1976
SEc. 124. (a) The Corpus Christi ship canal project for navigation in
Corpus Christi Bay, Texas, authorized by the Rivers and Harbor
Act of 1968 (P.L. 90-483) is hereby modified to provide that the non-
Federal interests shall contribute 25 per centum of the costs of areas
req~ir~d foy initial and subsequent disposal of spoil, and of necessary
retammg dikes, bulkheads, and embankments therefor. Credit shall be
allowed in connection with the above project in an amount equal to the
r~~sonable ~xpenditures made b:r non-Federal interests in the acqui-
sition of spml areas and constr.uctwn of necessary retaining dikes, bulk-
heads, and embankments prwr to the effective date of the Water
Resources Development Act of 1976.
.(b) The requirements for appropriate non-Federal interests to con-
tnbute 25 per centum of the construction costs as set forth in subsection
(a) shall. ~e \Yaived by the Se?retary of the Army upon a finding by
the Admrmstr~tor of the Envrr?nmenta~ ProtectiOn Agency that for
the area to winch. s~ch .constructiOn apphes, the State of Texas, inter-
state agency, mumc1pahty, and other appropriate political subdivisions
of_ the St~te and industrial concerns are participating in and in com-
phanc.e with ~n. approved plan f?r the ge~eral geographical area of the
dredgmg acbvity for constructiOn, modification, expansion or reha-
bilitation of waste treatment facilities and the Administrator has found
that applicable water quality standards are not being violated.
SEc. 125. For the purposes of section 9 of the Act of March 3, 1899
(30 Stat. 1151; 331J.~.C. 401), the consent of Congress is hereby given
to the State of Loms1ana to construct such structures across any navi-
gable water of the United States as may be necessary for the construc-
tion of the following highways:
(1) Ivanhoe-Jeanerette, State project numbered 431-01-01 and
431-01-02 in Iberia and Saint Mary Parishes, Louisiana·
(2) Larose-Lafitte Highway, State Route La 3134 in Jefferson
and La~ourche Parishe~, Lomsiana, starting at Estelle in Jeffer-
son Pansh and proceedmg southwesterly to Larose in Lafourche
Parish; and
( 3) U ~ited States 90 Relocated (La 3052), in Saint Mary,
Assumptwn, Terrebonne, and Lafourche Parishes Louisiana
starting at United S~ates ~0 we~t of ,Raceland and proceeding
westerly to a connnectwn with Umted States 90 at or near Moraan
City, Louisiana. o
S~c. 126 .. The Sec~etary of the Army, acting through the Chief of
Engmeers, IS authorrzed to undertake the phase I desi<m memorandum stag~ of advanced engineering and design of a proje~t for flood pre-
ventwn and development of incidental recreation, preservation of the
natural floodways, and protection of the watershed's soil resources at
an estimated cost of $370,000, substantially in accordance with the
Floodwater Management Plan, North Branch of the Chicago River
'V atershed, Cook and Lake Counties, Illinois, dated October 197 4
and also substantially in accordance with the \vatershed implementa~
tion program dated February 197 4.
SEc. 127. The project for ·wister Lake, Arkansas River Basin
Oklahoma, authorized by section 4 of the Act of June 28 1938 entitled
"An Act authorizing the construction of certain public _;orks ~n rivers
~nd harbors f~?r flood contro~, and for. other purposes" (52 Stat. 1218)
IS ~ereby modrfied to ~uthor1ze ~nd direct the Secretary of the Army,
actmg through t~e Qhief of Engmee~s, to _recover and preserve impor-
tan~ dat::~; from Sigmficant archeological sites located on project lands
wh1ch will_be adversely affected as a result of a change in seasonal
pool operatiOns. The costs of such work shall not exceed $250,000.
SEc. 128. (a) The Secretary of the Army is authorized and directed
to convey by quitclaim deed to C. B. Porter Scott and Dorothy Boren
PUBLIC LAW 94-587-0CT. 22, 1976
~cott of the county of Randall, State of Texas, all rights, title, aml
mterest of the Gnitecl States in and to the following described tract
of land acquired as part of the project for Belton Lake, Texas, author-
ized by the Flood Control Act of 1946:
A tract of land situated in the county of Bell, State of Texas beinu
part of the Stephen P. Terry Survey (A.-812), and being part of a 271":..
acre tract of land acquired by the United States of America from
Frank :Uo:_-gm~, and others, ~y Declarat~on of ~'a.king flied Septem-
?er 11, ~Du~, m Condemnat~OI~ Proceedmgs (civil numbered 1311)
m tile Drstnct Court of the l mtecl States for the 'Vest ern District of
Texas, "raco Division, and being designated as "Tract Numbered
1!'-505 for Belto~1 Lake~', and being more particularly described as
follows, all beanngs bemg referred to the Texas Plane Coordinate
Svstem, Central Zone:
• . Beginning at Government n~arker numbPred F -503-2, situated
m a northeasterly boundary hne for said tract numbered F -505
for the point of beginning, said point of beainnina beino· the south-
t f 0 "" b b b eas corner or a .:m acre tract of land acquired by the United
States of America from Edward Cameron, et ux, by deed dated
J anuar,v 13, 1953, and recorded in volume 679 at page 456 and by
coiTPetron deed datPcl l\:Iay 25, 19155, and recorded in volume 722
at pagP 55:) of the deed records of Bell County, Texas and bei1w d(:sign~tec~ as "Tract?' umbered F -503 for Belton Lake'?, said poir:t
of hegmnmg a·lso bPmg located south 74 dparees 21 minutes east ~8.3 f~et from a point 'on top of the bluff f;:r a re-entrant come;.
for stud tract numbered F-505;
tl.wnce along the boundary line for said tract numbered F -505
as .follows: south 74 degrees and 21 minutes east, 271.70 feet to a
pomt;
thence south 4:) degrees 14 mi:r.mtes west, 154.5 feet to a point;
thPnce so nth 2R degrees 09 mmntPs east, 185 feet to a point·
thence north 7:3 (l<>grees 45 minutes west, 324.23 feet to Govern:
ment marker numberPd A-65-9 for a northeast corner for a
79.70-acre tract of land acquired by the United States of America
from Eleanor ~I. Paulk, and otlwrs, by deed dated July 28, 1952,
and recorded m volume 672 at page 233 of the deed records of
Bell County, Texas, and being designated as "Tract Numbered
A.-G5 for Belton Lake";
thencl' departing from the boundary line for said tract num-
ber:Pd F 505, north 27 degrees 53 minutes west, 169.85 feet to a
pomt;
thence north 55 degrees :26 minutes east 184 feet more or less
to the point of bc-ginning, containina 1.87 ~cres more or less. '
(b) The. grantees shall, as a con~itio~ to the conv~yance authorized
by subs~c~wn (a), pay to the Vn:ted ~.tates an amount equal to the
sum ongmally paid by the 1 mted States for the tract of land
clescribPd in snbsPction (a) of this section.
SEc. 1:29. (a) The project for Blue Marsh Lake Berks County l~ l . f l ' . ' ennsy nulla, a part o t 1e plan for the comprehensive development
of the Delaware River Basin, as authorized by section 201 of the
Flood .Control ~\..ct of 19fi2 (76 Stat. 1183), is hereby modified to
anqwrrz~ and. du·ect the Secretary of the Army, acting through the
Chief of Engmeers, to relocate and restore intact the historic struc-
ture and associa~ed improvements know? as the Gruber ·wagon '\Yorks
located. on certam ~ederal lands to be mundated upon completion of
the proJPct, at an estimated cost of $922,000.
90 STAT. 2927
60 Stat. 641.
Payment.
Blue Marsh Lake,
Pa., project
modification.
90 STAT. 2928
Title transfer.
42 usc
l962d-5.
Souris River,
N. Dak., project
modification.
42 usc
l962d-5.
33 usc 577.
33 USC 70ls.
33 USC 577 note.
Ante, p. 2917.
Certification
procedure.
PUBLIC LAW 94-587-0CT. 22, 1976
(b) Upon completion of the relocation and restoration of the Gruber
\Yagori \Yorks at a site mutually agreeable to the Secretary of the
Army and the County of Berks, titlP to the structure and associated
improvements and equipment shall be transferred to the County of
Berks up~n conditio~ that such county agree to maintain such historic
property m perpetmty as a public museum at no cost to the Federal
Goyernment.
SEc. 130. The authorizPd :McClellan-Kerr Arkansas lEver naviga-
tion system is hereby m()(lifiP<l to provide a nine-foot deep navigation
channel, one hundred feet in width, extPnding appmximately ten miles
from the ThlcClellan-KPrr navigation sailing linr upstream on the Big
Sallisaw Crc>rk and J..ittlr Sallisaw Crt>Pk to and including a turning
basin, 1war l'nitPd Stdes Highway ii!J, in a location generally con-
forming to SitP I, as dc>serilwd in the Tulsa Distriet Engineer's Projrct
Formulation :\I<•moran<lmn entitled "Big and Little Sallisa"\Y Creeks.
Oklahoma, Section 107 "Navigation Project" datPrl August 1973, at an
Pstimated cost of $1.200,000.
SEc. 1:H. (a) Tlw first srntencP of srction ~01 (a) of the Flood Con-
trol Act of 1965 (Public Law 89-~98) is amended by striking out
"$10,000,000.~' and insc>rting in lieu thereof "$lti,OOO,OOO.".
(b) Section 201 (b) of such Act is amendrd by striking out
"$10,000,000" and inst>rting in lien thrrpof "$1ii,OOO,OOO".
SEc. 132. The project for flood protection on the Souris River at
::\finot, Xorth Dakota, approwcl by resolutions of the Committee on
Public \Yorks of the Senate and thP Committee on Public \Vorks and
Transportation of tlw Honse of Representatiws under authority of
section 201 of the Flood Control Act of 1965 ( 42 U.S. C. 1962-ii), and
modified by section lOii of the \\rater RPsom·ces Dcye]opment Act of
W74 (88 Stat. 42), is hrreby further modified to authorize and direct
the Secretary of the ~\rmy, acting through the Chief of Engineers,
to rc>imburse the dc>signated non-Fc>drral interest for the estimated
additional expense ( excec><ling that set forth in such section 105)
incurred by such non-Federal interest in undertakino· its required
cooperatimi. for the proposed channel realiuement in tlfe downstream
area of the project near Logan, Xorth Dakota, except that such reim-
bursement shall not exceed $2150,000.
SEc. 188. (a) Subsection (b) of section 107 of the RiYer and Harbor
Act of lD\iO ( U Stat. 41:!0) is further amended by striking out
·'$1.000,000'' and insPrting in lien thereof ''$2,000,000"·.
(b) Seetion til of the \Vater l{psonrces Development Act of 1974
( 88 Stat. 12) is amendPd as follows:
( 1) By striking out "$1,000,000" and inserting in lieu thereof
"$2,000,000".
(2) By striking out "$2,000,000" and inserting in lieu thereof
"$3,000,000".
(c) The amc>ndments made by this section shall not apply to any
project unrler contract for construction on the date of enactment of
the "\Vater Resources Development Act of 1976.
SEc. 134. (a) The Secretary of the Army, acting through the Chief
of Engineers, is authorized and directed within ninety days after
enaetment of this Act to institute a procedure enabling the enginerr
officer in charge of each district under the direction of the Chief of
Engineers to certify, at the request of local interests, that particular
local improYements for flood control can reasonably be Pxpected to be
compatible with a specific, potential project then under study or other
form of consideration. Such certification shall be interpreted to assure
local interests that they may go forward to construct such compatible
PUBLIC LAW 94-587-0CT. 22, 1976
improyements at local exprnse with the understanding that such
improvements can be reasonably expPctPd to be included within the
scope of the Federal projPct, if later authorized, both for the purposes
of analyzing the costs and benefits of the project and as,;essing the
local participation in the costs of such project. This subseetion shall
cease to be in effect after December :n, 1977.
(b) The Secretary of the Army, acting through the Chief of Engi-
neers, is authorized and directed to include in the survey report on
Jiood protection on l\Iingo CrPek and its tributariPs, Oklahoma,
authorized by section 208 of the Flood Control Aet of 1965, the costs
and benefits of local improvements initiatl•d by the city of Tulsa for
such Hood protection subsequent to ,January 1, 1975, "·hich the Chief
of EnginePrs determines are compatible with and constitute an inte-
gral part of his recommended plan. In determining thp appropriate
non-FP<lt>ral share for such projPct tlw Chief of EnginePrs shall give
recognition to costs incurred by non-Federal interest in carryin.o· out
such local improYPmPnts. "'
SEc. 135. The project for Port San Luis Obispo Harbor, California,
authorized by srction 301 of the River and Harbor Act of 1965, is
herPby modified substantially in accordance with the plan described
in tlw Los Angeles District Engineers report on "Port San Luis, Cali-
fomia" dated April 1976, and the conditions of loeal cooperation
specifiPd in subparagraphs l.a. through l.o. of appt>ndix 7 thereof, at
an estinwtPcl cost of $6,040,000.
SEc. 1:36. (a) The pmject for fiood control on the Xapa Hin-r, Xapa
County. California, anthorized by section 204 of the Flood Control
.\ct of 1965. is herPbY modified to authorize and direct the Secretarv
of the .Army, aeting through the Chief of EnginPers, to acquir~e
approximately ii77 acn•s of land for the purposr of mitigating adverse
impacts on fish and wildlife occasioned by the project. The non-Fed-
Pra l share of the cost of such lands shall be the percPntage as that
n•quirecl for the orerall project.
(b) Such project is further modified to include construction by the
SPcrctary of the Army acting through the ChiPf of EnginPers, of the
Xaptt CrPek watc>rshecl project of the Soil ConsPrTation ServicP
approred ,Tmw 2ii, 19G2.
(c) Xo part of the cost of the. modified project authorized by this
section shall ineludP thP cost of the Secretary of thP Army, acting
through the Chief of Engineers, performing maintenance clrerlging
for tlw na \·igation project for theN apa Riwr.
SEc. 1:11. The project for flood control in East St. Louis and vicin-
ity, Illinois, authorizPd by SPction 204 of the Flood Control .Act
approYed Oeiober 27, 1965, is hereby modified to anthorize the Secre-
tary of thP Army, acting through thP Chief of Enginec>rs, to construct
the Blue \Vaters Ditch sPgment of the overall project independPntly
of the otlwr project sc>gments. Prior to initiation of construction of
the Blue \Vaters Ditch segment. appropriate non-Federal intc>r·ests
shall agree, in accordance -with the provisions of SPction 221 of the
Floorl Control Act of 1970, to furnish non-Federal cooperation for
,;nch scgmPnt.
SJ:c. 138. The Secretary of the Army, acting through the Chief of
Engineers, shall continne stndies and construction of bank protPction
works pnrsnant to thP project for tlw Sacranwnto Hiver, Chico Land-
ing to RPd Bluff, Califomia, anthorizPd by the Flood Control Act of
Hlii8, notwithstanding tlw completion of the> remaining tPn sites pro-
posrd for construction at the time of Pnaetmmt of this Ad.
90 STAT. 2929
Termination date.
Mingo Creek,
Okla., report.
79 Stat. 1085.
Port San Luis
Obispo Harbor,
Calif., project
modification.
79 Stat. 1089.
Napa River,
Calif., project
modification.
79 usc 1074.
East St. Louis,
Ill., project
modification.
42 usc
1962d-5b.
Sacramento
River, Calif.,
project study.
90 STAT. 2930 PUBLIC LAW 94-587-0CT. 22, 1976
Waurika Dam
and Reservoir,
Okla., project
modification.
33 USC 547a.
Susquehanna
River, Pa., flood
protection study;
report to
Congress.
San Francisco
Bay,
investigation.
Study.
Hilo Bay Area
and Kailua-Kona,
Hawaii, study.
SEc. 139. The project :for Waurika Dam and Reservoir on Beaver
Creek, Oklahoma, authorized by the Act o:f December 30, 1963 (P.L.
88-253), is hereby modified to provide that the interest rate appli-
cable to the repayment by non-Federal interests o:f the cost o:f the
water conveyance :facilities shall be the same as the interest rate
established for repayment o:f the cost o:f municipal and industrial
water supply storage in the reservoir.
SEc. 140. In the case of any authorized navigation project which
!1as been partially constructed, or is to be constructed, which is located
m one or more States, and which serves regional needs, the Secretary
o:f the Army, acting through the Chief o:f Engineers, may include in
any economic analysis which is under preparation at the time o:f
enactment of this Act such regional economic development benefits
as he ~et~rm~nes ~o be appropr_iate :for purposes of computing the
economic JUstification of the proJect.
SEc. 141. The Secretary of the Army, acting through the Chief of
Engineers,_ is hereby authorized and directed to make a study and
report whiCh shall include his conclusions and recommendations to
the Co?gress on the advisability and :feasibility of providing flood
protection by dredging the Susquehanna River in the WyominO'
Valley, Pennsylvania, and the surrounding region. b
SEc. 142. The Secretary of the Army, acting throuO'h the Chie:f of
Engineers, is authorized and directed to investigat: the flood and
r~lated problems to those lands lying below the plane of mean hiO"her
high water along the San Francisco Bay shoreline of San M~teo,
Santa Clara, Alameda, Napa, Sonoma and Solano Counties to the
confluence of the Sacramento and San .Joaquin Rivers with a view
toward determining the feasibility of and the Federal interest in
providing protection against tidal and fluvial floodinrr. The investi-
gation shall evaluate the effects of any proposed improvements on
wildli_fe l?reser~ation, agriculture, mu?icipal and urban interests in
coor~mahon with Federal, State, regiOnal, and local agencies with
particular reference to preservation of existing marshland in ·the
San Francisco Bay region.
S~c. 143. f'he Secretary of. the Army, _acting through the Chie:f ?f
Engmem;s, IS. hereby authonzed and directed to make a study m
cooperatiOn with the government o:f the Territory of American Samoa
wi_tl! p~rticular re:ferenc~ to providing a plan for the development,
utlhzat10n, and conservation o:f water and related land resources. Such
study shall include appropriate consideration of the needs :for flood
protection, wise use of flood plain lands, navigation facilities hydro-
electric power &e!l~ration, regional waier supply and waste water
management facilities systems, general recreation facilities, enhance-
ment and control of water quality, enhancement and conservation o:f
fish an~ \vildlife, and other measures for environmental enhancement,
ec~mom1c and hu~nan resources development, and shall be compatible
with comprehensive development plans formulated by local planning
agencies and other interested Federal agencies.
SEc. _144. T_he Secreta!Y o:f. the Army, acting through the Chie:f
of Engmeers, m cooperation w1th the State o:f Hawaii and appropriate
un_i~s of local government, shall make a study of methods to develop,
ut1hze:. and cons~rve water and l~~;1_1d resources in the Hilo Bay Area,
Ha,yai_I, and Kallu!l-Kon.a, Hawan. Such study shall include, but not
be. limited to, cons1dera~10n of the ne;ed ~or floo~ .P,rotection, appro-
pnate use of tiood pl_am lands, navigatiOn :facihhes, hydroelectric
power generatiOn, regwnal water supply and waste water manage-
PUBLIC LAW 94-587-0CT. 22, 1976
ment facilities systems, recreation facilities enhancement and conser-v~tiol:l of water quality, enhancement and' conservation o:f fish and
wrld.hfe, other measures for environmental enhancement, and eco-
nomic and human resources development. Based upon the findings of
such. study, the Secretary of the Army, acting through the Chief of
.I<Jngme~rs, shall prepare a_ plan tor the implementation of such find-
mgs winch sha 11 be compatible w1th other comprehensive development
plans prepared by local planning agencies ancl other interested Fed-
eral agencies.
90 STAT. 2931
SEc. 145. The Secretary of the Army, acting through the Chief of Beaches.
Engineers, is authorized upon request of the State, to place on the 33 USC 426j.
beaches of such State beach-quality sand which has been dredO"ed in
constructing and_ maintaining navigation inlets and channels adjacent
~o such beaches, If the Secretary deems such action to be in the public
mterest and upon pavment of the increased cost therpof above the cost
required for a1ternai:ive methods o:f disposino-of such sand.
, SEc. 146. 'n1e 1~roject for: harbor impr?vem;'nt at Noyo, Mendocino Noyo, Calif.,
( ounty, Cahforma, authonzed by the River and Harbor Act of Hl62 breakwaters.
(76 Stat. 1173), is hereby modiffed to authorize the Secretary o:f the
Army, acting through the Chief of Engineers, to construct such break-
waters as may be needed to provide necessary protection but not more ~han t_wo, and to <';On~truct such a~dition_al c~annel ~1provements,
mclndmg, but not hmited to, deepemng, wrdemng, and extensions, as
he. de?ms necessary to meet applicable economic and environmental
cntena.
SEc. 147. The Secretary of the Army, actinO" throu<rh the Chief of Columbia River, Engine~rs, is~ author:ized. and directe~ to comlnct hydrographic sur-Wash.,
Yeys of the Columbia Rn·er from Richland, ·washington, to Grand hydrographic
Coulee. Dam for the purpose of identifying navigational hazards and surveys.
preparmg maps of the nver channel at an estimated cost of $500.000
and_ IH'?viding information necessary for establishment of aids t~
nangatlon.
SEc. 148. The Secretary of the Army, actin()" throurrh the Chief of 33 USC 419a.
Engineers, shall utilize and encourage the utili~ation ~f such mana<re-
ment pr~cti~~s a~ he determines. app~·opriate to extend the capacity
and nst'ful hfe of dredged material drsposal areas such that the need
for new dredged material disposal areas is kept to a minimum. Man-
ll:ge~nent practices authorized by this section shall include, but not be
hnntecl to, the eonstruction of dikes, consolidation and ·dewaterin<r
of dredged material, and construction of drainaO"e and outflo\~
facilities. "'
, SI;c. 14fl. The Secretary of the Army, acting through the Chief of Shooters' Island,
I<..ngmeers, is hereby authorized and directed to remove Shooters' N.Y., removal
Island lo':'ated north of Staten Island, New York. at the mouth of
Arthur Kill and to utilize such removed material for fill and widen-
ing of Arthur Kill.
, S~c. 150. _The Sec~etary of the Army, act_ing through the Chie:f o:f Wetland areas.
l<..~1gmeers, 1~ authonzed to plan and estabbsh wetland areas as part 42 USC
o~ a!l authorize~l water l'l'?ources development project under his juris-1962d-5e.
dictlm_I. Estab~rshment of any wetland area in connection with the
dredging reqmred ~or such a water resourct;s development project
may be undertakPn m any case where the Clnd of Engineprs in his
judgment finds that-
( 1) environmental, economic, and social benefits of the wetland
arett justifie.s the increased _cost ~hereof above the cost requtred
for .alternative methods of d1sposmg of dredged material for such
proJect; and
90 STAT. 2932
Report to
Congress.
Costs.
Chief Joseph
Dam, Wash.,
project
modification.
60 Stat. 634.
Cooperative
arrangements.
Liberty Park,
N.J., levee and
seawall.
42 usc
l962d-5.
33 usc 59l.
42 usc l962d-5
note.
PUBLIC LAW 94-587-0CT. 22, 1976
( 2) the increased cost of such wetland area will not exceed
$-100,000; and
(3) there is reasonable evidence that the wetland area to be
established will not be substantially altered or destroyed by
natural or man-made causes.
(b) ·whenever the Secretary of the Army, acting through the Chief
of Engineers, submits to Congress a report on a water resources devel-
opmeJ~t project after the date of enactment of this section, such report
shall mclude, where appropriate, consideration of the establishment
of wetland arras.
(c) In the computation of benefits and cost of anv water resources
(len•lopment projrct the benefits of establishin~ of tmy wetland area
shall be dee;ned to _be ~t least equal to the cost of establishing such area.
All costs of estabhshmg a wetland area shall be borne by the United
States.
SEc. 151. The projeet for the Chief Joseph Dam authorized by the
.\.ct of .• Tuly 2, 1946 (Public Law 525, 79th Congress) is modified to
auth_onze the Secr:etary of the Army, acting through the Chief of
Engmeers, .to provide su~h temporary sehool facilitirs as he may deem
necrssary. for the edi}C~twn of depender~ts of persons engaged in the
eonstrnctwn of additiOnal hydroelectnc power faeilities at Chief
:Toseph Da~n ~md Heservoir, vYashington. ·when he determines it to be
m the pubhc mte~·est, the Secr~tary, acting through the Chief of Engi-
neers,.ma,v enter mto c?operatlve arrangements with local and Federal
~;_genc1es for the ?l?~rabon ,of such Government facilities~ for .the expan-
:s~on of loc,al facilities at I< ederal ex}:lense, and for contnbutwns by the
I• cderal Government to cover the mcreased cost to local aaencies of
proYiding the educational services required by the Govern~ent.
SF;C. 152 .. The Secr:etary of th~ -;\rmy1 acting through the Chief of
Engmeers. ts authorized to participate m the construction of a levee
and prot.ective seawaH at Li~erty Park, New Jersey, at an estimated
eost of $12,600,000. Appropriate non-Federal interests shall furnish
all ;recessary lands, ell:sements and rights-of-way neeessary for such
proJect and shall contribute 30 per centum of the total cost exclusive of
land costs.
SEc. 153. The last sentenc..e under the center headin{)" "ARKAKSAS-RED
mn":R B_Asrx" in section 201 of the Flood Control Act ~f 1970 (84 Stat.
182o) IS amended to read as follows: "Construction shall not be ini-
tiated on any element of such project nntil such element has been
approved by the Secretary of the Army.".
SEc. ~54. The prohibitiofols ar:d provisions for reriew and approval
concermng wharves and piers m waters of the United States as set
forth in ~ection 10 of the Act of March 3, 1899 (30 Stat. 1151) and the
first sectwn of the Act of June 13,.1902 (1?2 ~tat. 371) shall not apply
to any body o.f water located en~Irely Witlun one State which is, or
eonld be, considered to be a navigable body of water of the United
States solely on the basis of historical use in interstate commerce
SEc. 155. (a) Subsection (c) of section 32 of the Water Heso~n·ces
De\·eloprrw.~Jt Act of 1974 (Public Law. 93-2~1) i.s a1~1ended by striking
out the penod at the end thereof and msertma m lieu thereof a semi-
colon and by adding at the end thereof the foll~vina:
" ( 5) the delta of the Eel River, California. "'
" ( 6) the lower Yellowstone Hiver from Intake l\fontana. to the
mouth of such river.". ·
(b) Subsection (e) of such section 32 is amended to read as follows:
PUBLIC LAW 94-587-0CT. 22, 1976
" (e) There is authorized to be appropriated not to exceed $50,000,000
to carry out this section.".
SEc. 156. The Secretary of the Army, acting through the Chief of
Engineers, is authorized to provide periodic beach nourishment in the
case of each water resources development project where such nourish-
ment has been authorized for a limited period for such additional
period as he determines necessary but in no event shall such additional
period extend beyond the fifteenth year which begins after the date
of initiation of construction of such project.
SEc. 157. (a) Section 12(b) of the Water Hesources Development
Act of 197 4 ( 88 Stat. 17) is amended by striking out "one hundred aud
eighty" each time it appears and inserting in lieu thereof "ninety".
(b) The amendment made by subsection (a) of this section shall
take effect on January 1, 1977.
SEc. 158. The Secretary of the Army, acting through the Chief of
Engineers, is authorized and directed to make a comprehensive study
and report on the system of waterway improvements under his jurisdic-
tion. The study shall include a review of the existing system and its
capability for meeting the nationa·l needs including emergency and
defense requirements and an appraisal of additional improvements
necessary to optimize the system and its intermodal characteristics. The
Secretary of the Army, acting through the Chief of Engineers, shall
submit a report to Congress on this study, within three years after
funds are first appropriated and made available for the study, together
with his recommendations. The Secretary of the Army, acting through
the Chief of Engineers, shall, upon request, from time to time make
available to the National Transportation Policy Study Commission
established by section 154 of Public Law 94--280, the information and
other data developed as a result of the study.
SEc. 159. The .Marysvi:lle Lake project, California, authorized by
the Flood Control Act of 1966 ( 80 Stat. 1405), is hereby modified to
authorize the Secretary of the Army, acting through the Chief of
Engineers, to undertake the phase I design memorandum stage of
advanced engineering and design for a multiple-purpose project
located at the Parks Bar site, mcluding power development with
pumped storage, at an estimated cost of $150,000.
SEC. 160. The Secretary of the Army, acting through the Chief of
Engineers; is authorized to undertake the phase I design memorandum
stage of advanced engineering and design of the project for hydro-
electric power on the Susitna River, Alaska, in accordance with the
recommendations of the Board of Engineers for Rivers and Harbors
in its report dated June 24, 1976, at an estimated cost $25,000,000.
This shall take effect upon submittal to the Secretary of the Army by
the Chief of Engineers and notification to Congress of the approval of
the Chief of Entrineers.
SEc. 161. Section 32 of the Water Resources Development Act of
1974 (88 Stat.12) is amended as follows:
{1) In subsection (c) (3) strike"; and" and add", including areas
on the right bank at river miles 1345; 1310; 1311; 1316.5; 1334.5;
] .R41; 134:i.!'i; 1379.5; 1385; and on the left bank at river miles 1316.5;
1320.5; 1323; 1326.5; 1335.7; 1338.5; 1345.2; 1357.5; 1360; 1366.5;
1368; and 1374;";
(2) Anew subsection (f) is added as follows:
( £) The Secretary of the Army shall make an interim report to
Congress on work undertaken pursuant to this section by Septem-
ber 30, 1978, and shall make a [final] report to the Congress no later
than December 31, 1981.".
90 STAT. 2933
Appropriation
authorization.
Beach
nourishment.
42 usc
l962d-5f.
33 usc 579.
Effective date.
33 USC 579 note.
Study and report.
33 USC 540 note.
Review.
Report to
Congress.
Ante, p. 448.
Marysville Lake,
Calif., project
modification.
Susitna River, AT: 'c-a.
Notice to
Congress.
42 usc l962d-5
note.
Reports to
Congress.
90 STAT. 2934
Nonnavigable
waters.
33 USC 59m.
Study.
Snake River,
Oreg., Wash.,
Idaho, project
modification.
42 usc
l962d-5b.
Appropriation
authorization.
Repeal.
40 usc 53.
Demonstration
program.
33 usc 426k.
Controllable
diversion rate.
PUBLIC LAW 94-587-0CT. 22, 1976
SEc. 162. For the purposes of section 10 of the Act of )larch 3,
1b99 (30 Stat. 1151) (33 U.S.C. 401) the following bodies of water are
declared nonnavigable: Lake Oswpgo, Oregon; Lake Coeur d'Alene,
Idaho; and Lake George, New York.
SEc. 163. The Secretary of the Army, acting through the Chief of
Engineers, is authorized and directed to study water and surface
transportation needs resulting from the expansion and further devel-
opment of the San Pedro Bay ports. Such study shall include, but
not be limited to, the fea::>ibility and advisability of enlarging the
Dominguez Channel for flood control purposes.
SEc. 16±. The project for the Snake River, Oregon, ·washington,
and Idaho, authorized in section 2 of the River and Harbor 4\ct of
1945 (59 Stat. 21) is hereby modified to authorize and direct the Sec-
retary of the Army, acting through the Ch~ef of Eng.ineers, to ~on
struct at full Fede1 al expense a four-lane, h1gh-Ievel h1ghway bndge
and approaches thereto connecting the cities of Lewiston, Idaho, and
Clarkston, ·washington, at or near river mile 1H.3 of the Snake River,
approximately two miles upstream of the present United States High-
way 12 bridge. Before construction may be initiated the non-Federal
intt>rests shall agree pursuant to section 221 of the Flood Control Act
of 1970 (P.L. 91-611) to (1) hold aiHl save the United States free
from damages resulting from construction of the bridge and its
approaches, (':\) provide without cost to the United States all lands,
easements, and rights-of-way necessary for the construction of the
bridge and its approaches, and (3) own, maintain, and operate the
bridge and its approaches after construction is completed, free .to the
public. There is authorized to carry out this section not to exceed
$21,000,000.
SEc. 165. That portion of the first section of the Act of September 1,
HH6 ( 39 Stat. 693) entitled "W aRhington Aqueduct" is hereby
repealed.
SEc. 166. (a) In order to alleviate \vater damage on the shoreline
of Lake 1\Iichif!<"tll and others of the Grrat Lakes during periods of
abnormally high water levels in the Great Lakes, and to improve the
water quality of the Illinois \Yaterway, the Secretary of the Army,
acting throu'gh the Chief of Engineers, is authorized to carry out a
five-year demonstration program to temporarily increase the diYer-
sion of water from Lake 1\Iichigan at Chicago, Illinois, for the purpose
of testing the practicability of increasing the average annual diver-
~ion froni the present limit of three thousand two hundred cubic feet
per second to ten thousand cubic feet per second. The demonstration
program will i~crease the controllable ~iver.sion by various amounts
calculated to ra1se the average annual diversiOn above three thousand
two hundred cubic feet per second up to ten thousand cubic feet per
second. The increase in diversion rate will be accomplished incremen-
tally and will take into consideration the effects of such increase on
the Illinois Waterway. The program will be developed by the Chief
of Engineers in coopt-ration with the State of Illinois and the Metro-
politan Sanitary District of Greater Chicago. The program will be
implemented by the State of Illinois and the Metropolitan Sanitary
District of Greater Chicago under the supervision of the Chief of
Engineers.
(b) During the demonstration program a controllable diversion
rate will be established for each month calculated to establish an
annual average diversion from three thousand two hundred cubic
feet per second to not more than ten thousand cubic feet per second.
\Vhen the level of Lake Michigan is below its average level, the total
PUBLIC LAW 94-587-0CT. 22, 1976
diversion for the succeeding accounting year shall not exceed three
thousand two hundred cubic feet per second on an annual basis. The
average level of Lake Michigan will be based upon the average
monthly level for the period from 1900 to 1975.
(c) ·when river stages approach or are predicted to approach bank-
full conditions at the established flood warning stations on the Illinois
Waterway or the Mississippi River, or when further increased diver-
sion of water from Lake Michigan would adversely affect water levels
necessary for navigational requirements of the Saint Lawrence Sea-
way in Its entirety throughout the Saint Lawrence ~iver and_ Great
Lakes-Saint Lawrence Seaway, >vater shall not be diverted directly
from Lake Michigan at the Wilmette, O'Brien, or Chicago River
control structures other than as necessary for navigational
requirements.
(d) The Chief of Engineers shall conduct a study and a demon-
stratiOn program to determine the effects of the increased diversion
on the levels of the Great Lakes, on the water quality of the Illinois
Waterway, and on the susceptibility of the Illinois Waterway to addi-
tional flooding. The study and demonstration program will also inves-
tigate any adverse or beneficial impacts which result from this section.
The Chief of Engineers, at the end of five years after the enactment
of this section, will submit to the Congress the results of this study
and demonstration program including recommendations whether to
continue this authority or to change the criteria stated in subsection
(b) of this section.
(e) For purposes of this section controllable diversion is defined
as that diversion at "\Vilmette, O'Brien, and Chicago River control
structures which is not attributable to leakage or which is not neces-
sary for navigational requirements.
SEc. 167. (a) The Secretary of the Army, acting through the Chief
of Engineers, is authorized and directed to conduct a study of the most
efficient methods of utilizing the hydroelectric power resources at
water resource development projects under the jurisdiction of the
Secretary of the Army and to prepare a plan based upon the findings
of such study. Such study shall include, but not be limited to, an
analysis of-
( 1) the physical potential for hydroelectric development, giving
consideration to the economic, social, environmental and institu-
tional factors which will affect the realization of physical
potential;
(2) the magnitude and regional distribution of needs for hydro-
electric power;
(3) the integration of hydroelectric power generation with
generation from other types of generating facilities;
( 4) measures necessary to assure that generation from hydro-
electric projects will efficiently contribute to meeting the national
electric energy demands ;
( 5) the timing of hydroelectric develoJ?ment to properly coin-
cide with changes in the demand for electric energy;
(6) conventional hydroelectric potential, both high head and
low head projects utilizing run-of-rivers and possible advances in
mechanical technology, and pumped storage hydroelectric poten-
tial at sites which evidence such potential;
(7) the feasibility of adding or reallocating storage and modi-
fying operation rules to increase power production at corps proj-
ects with existing hydroelectric installations;
90 STAT. 2935
Study and
demonstration
program.
Results,
submittal to
Congress.
Controllable
diversion.
Hydroelectric
power resources,
study.
42 usc
l962d-5g.
90 STAT. 2936
Plan, transmittal
to congressional
committees.
Appropriation
authorization.
Feasibility
studies.
Appropriation
authorization.
42 usc
1962d-16.
Pine Mountain
Lake on Lee
Creek, Ark.-
Okla., project
construction.
16 usc 460l-l2
note.
Little Dell
Project, Salt Lake
City Streams,
Utah,
modification.
Sowashee Creek,
Meridian, Miss.,
project
modification.
Mermentau River
and the Gulf of
Mexico
Navigation
Channel, La.
Notice to
Congress.
PUBLIC LAW 94-587-0CT. 22, 1976
(8) measures deemed necessary or desirable to insure that the
potential contribution of hydroelectric resources to the overall
electric energy supply are realized to the maximum extent possi-
ble; and
(9) any other pertinent factors necessary to evaluate the de-
velopment and operation of hydroelectric projects of the Corps of
Engmeers.
(b) ·within three years after the date of the first appropriation of
funds for the purpose of carrying out this section, the Secretary of the
Army, acting through the Chief of Engineers, shall transmit the plan
prepared pursuant to subsection (a) with supporting studies and docu-
mentation, together with the recommendations of the Secretary and
the Chief of Engineers on such plan, to the Committee on Public
\Yorks of the Senate and the Committee on Public '\Yorks and Trans-
portation of the House of Representatives.
(c) There is authorized to be appropriated to carry out subsections
(a) and (b) of this section not to exceed $7,000,000.
.(d) The Secretary of the Army, acting through the Chief of
Engineers, is authorized with respect to previously authorized proj£lcts
to undertake feasibility studies of specific hydroelectric power installa-
tions that are identified in the course of the study authorized by this
section, as haYing high potential for contribution toward meeting
regional power needs. There is authorized to be appropriated to carr:y:
out this subsection not to exceed $5,000,000 per fiscal year for each of
the fiscal years 1978 and 1979.
SEc. HiS. Subsection 22 (b) of the \Vater Resources De,·eJopment
Act of H)H (Public Law 93-251) is amended by strn~ing out
"$2,000,000" and inserting in lieu thereof "$4,000,000".
SEc. 16D. Notwithstanding any other provision of law, the project
for Pine Mountain Lake on Lee Creek, Arkansas and Oklahoma,
authorized by section 204 of the Flood Control Act of 1965 (79 Stat.
1073), shall be constructed, operated, and maintained in accordance
with the Federal \Vater Project Recreation Act (Public Law SD-72).
SEc. 170. The Little Dell Project, Salt Lake City Streams, Utah,
authorized in section 203 of the Flood Control Act of 1968 (P.L.
D0-483: 82 Stat. 744) is hereby modified to authorize the Secretary
of the Army, acting through the Chief of Engineers, to decrease the
amount of storage capacity so as to more adequately re11ect existing
needs.
SEc. 171. The Secretary of the Army, acting throngh the Chief of
Engineers, is hereby authorized to undertake the phase I design mem-
orandum stage of advanced engineering and design of the project
elements involving the lowermost 10.1 mile-long se&"ment of channel
modification of Sowashee Creek at Meridian, Mississippi, substantially
in accordance with the plan of development approved by the
Administrator, Soil Conservation Service, United States Department
of Agriculture, on October 15, 1974, at an estimated cost of $450,000.
SEc. 172. The project for assumption of maintenance of the Mermen-
tau River and the Gulf of Mexico Navigation Channel, I~ouisiana, is
hereby adopted and authorized to be prosecuted by the Secretary of
the Army, acting through the Chief of Engineers, substantially in
accordance with the plans and subject to the conditions contained in
the report of the Board of Engineers for Rivers and Harbors dated
S anuary 16, 1976, at an estimated annual cost of $155,000. This shall
take effect upon submittal to the Secretary of the Army by the Chief
PUBLIC LAW 94-587-0CT. 22, 1976
of Engineers. and notification to Congress of the approval of the
Chief of Engmeers.
SEc. 173. The project for flood protection in the Bassett Creek
\Vatershed, Minnesota, is hereby adopted and authorized to be
prosecuted by the Secretary of the Army, acting through the Chief of
Engineers, substantialy in accordance with the plans and subject t? the
conditions contained in the report of the Board of Engineers for RIVers
and Harbors elated July 26, 1976, at an estimated cost of $7,593,000.
This shall take effect upon submittal to the Secretary of the Army by
the Chief of Enaineers and notification to Congress of the approval of
the Chief of Engineers.
SEc. 174. The project of Caddo Dam and Reservoir, Louisiana,
authorized by the Flood Control Act of l!l65 (79 Stat. 1077, P.L.
89-298) is hereby modified to provide that the operation and mainte-
nance of the proJect shall be the responsibility of the Secretary of the
Army, acting through the Chief of Engineers.
SEc. 175. The Secretary of the Army, acting through the Chief of
Enaineers, is authorized to undertake the phase I cleRip:u memoranrlum
stage of advanced engineering and desi!:,l'll of the project for harbor
modification at Cleveland Harbor, Ohio, in accordance with the report
of the District Engineer, elated June 1976, at an estimated cost of
$500,000. This shall take effect upon submittal to the Secretary of the
Army by the Chief of Engineers and notification to Congress of the
approvtil of the Chief of Engineers.
SEc. 176. The Secretary of the Army, acting through the Chief of
Enaineers, is hereby authorized and directed to cause a survey to he
made at the Navajo Indian Reservation, Arizona, New :Mexico, and
Utah for flood control and allied purposes, and subject to all applicable
provisions of section 217 of the Flood Control Act of 1970 (Public
Law 91-611), at an estimated cost of $2,000,000; and to submit reports
thereon to the Congress with the recommendations.
SEc. 177. The authorization of the Gaysville Darn and Lake project,
Stockbridge, Chittenden, and Rochester, Vermor:t, provided by sec-
tion 5 of the Flood Control Act of 1936, as modified by the Acts of
Congress approved l\fay 25, 1937, June 28, 1938, and August 18, 1941,
is terminated upon the enactment of this Act.
SEc. 178. (a) If the Secretary of the Army, acting through the
Chief of Enaineers, finds that the proposed project to be erected at the
location to b~ declared nonnavi<,.able under this section is in the puhlic
interest, on the basis of engine~·ing studies to determine the location
and structural stability of any bulk heading and fillir;g a~d perman~nt
pile-supported structure, in order to prese~ve and m~mtam the rema~n
ina naviaable waterway and on the basis of envuonmental studws
co£ducted pursuant to the National Environmental Policy Act of
1969 then that portion of the Hudson River in Hudson County, State
of N~w .Jersey, bounded and described as follows is hereby declared to
be nonnaviaable water of the United States within the meaning of the
laws of the'"'United States, and the consent of Congress is hereby given
to the filling in of all or any part tl1ereof and the erection of permanent
pile-supported structures thereon:
Such portion is in the township of North Bergen in the county
of Hudson and State of New Jersey, and is more particularly
described as follows: At a point in the easterly right-of-way_ of
New Jersey Shore Line Railroad (formerly New Jersey .Juncti<?n
Railroad) said point being located northerly, measured along sa1d
easterly right-of-way, 81.93 feet from Station 54+42.4 as shown
90 STAT. 2937
Bassett Creek
Watershed,
Minn .• project.
Notice to
Congress.
Caddo Dam and
Reservoir, La.,
pmject
modification.
Cleveland
Harbor, Ohio,
project.
Notice to
Congress.
Navajo Indian
Reservation,
Ariz.-N.Mex.-
Utah, survey.
Reports to
Congress.
84 Stat. 1830.
Gaysville Dam
and Lake project,
Vt., termination.
Hudson River,
Hudson County,
N.J.
33 USC 59n.
42 usc 4321
note.
90 STAT. 2938
Plan approval.
Reimbursement.
Hackensack
River, Hudson
County, N.J.
33 USC 59o.
42 usc 4321
note.
PUBLIC LAW 94-587-0CT. 22, 1976
~m construction drawing dated May 23, 19:31, of River Road, filed
m the Office of the Hudson County Engineer, Jersey City, New
Jersey:
thence (1) northerly and alonO" said easterly rio·ht-of-way on
b . . h d 0 b a eanng of nort 12 egrees 11 minutes 14 seconds east a dis-
tance of 280 feet to a point; '
thence (2) south 75 degrees 28 minutes 24 seconds east, a dis-
tance of :310 feet to a point;
thence ( :3) south 17 degrees 15 minutes 41 seconds east a dis-
tance of 101.70 feet to a point; '
thence ( 4) south 62 degrees 18 minutes 12 seconds east a dis-
tance of 355.M feet to a point in the exterior solid fill line of
April 7, 1903, and the bulkhead line of April 28, 1904, on the
Hudson River;
thence ( 5) along said exterior solid fill and bulkhead lines south
28 degrees 55 minutes 51 seconds west, a distance of 52:3 feet to a
point in the northerly line of lands nmv or formerly of New York
~tate Realty and Terminal Company; ·
thence (6) north 61 degrees 34 minutes 29 seconds west, and
along said northerly line of the New York State Realty and
TPnuinal Company, a distance of 590.08 feet to a point in the
a~oreme~1tioned easterly right-of-way of the New Jersey Shore
Lme Ra1lroad;
thence (7) northerly and along said easterly riaht-of-way of
the New Jersey Shore Line Railroad on a curve "'to the left a
radi1~s of 995.09 feet, an arc length of 170.96 feet to a point
the rem;
thence (8) northerly, still along the same, on a bearin<r of north
12 degrees 11 minutes 14 seconds east, a distance of S1.93 feet
to the point and place of beginning.
Said parcel containing 8 acres being the same more or less.
(b) The declaration in subsection (a) of this section shall apply
011 ly to portions of the above-described area which are either bulk-
headed and filled or occupied by permanent pile-supported structures.
Plans for bulkheading and filling and permanent pile-supported strnc-
tures shall be approved by the Secretary of the Army, actina throuah
the Chief of Engineers. Local interests shall reimburse th~ Frde;.'a]
Government for engineering and all other costs incurred under this
section.
SEc. 179. (a) If the Secretary of the Army, actina throuO'h the
Chid of. Engineers finds that the proposed pr·oject t;'be erected at
the locatwn to be declared nonnavigable under this section is in the
public intc>rest, on the basis of engineering studies to determine the
location aml. structnral stability of any lmlkheading and filling ancl
JWrmam•t.lt .PilP-supported structure, in order to prPserve and rnaint ain
the rematmng navigable waterway, and on the basis of environmental
studies conducted pursuant to the National Environmental Policv
Aet of HHl9, then those portions of the I-Iackensaek River in Hudson
County, State of New ,Jersey, bounded and described as follows arP
hereby d<:clared to be nonnavigable waters of the United States within
the meamng of the laws of the United States, and the consPnt of Con-
gress is l~ereby giyen to the filling in of all or any part thereof and
the erection of permanent pile-supported structures therPon:
Beginning at a point where the sontheasterly shoreline (mean
high water line) of the Hackensack Riwr intersects the easterly
line of the Erie Railroad said point property being 2,015.38 fept
PUBLIC LAW 94-587-0CT. 22, 1976
northerly alon~ said railroad property from where it intersects
the north:rly hue of the Meadowlands Parkway (100 feet wide)
and runnmg from :
thence north 19 degrees 20 minutes 54 seconds west 50.00 feet;
thence north 37 degrees 30 minutes OR seconds east 615.3R feet;
thence north 03 degrees 02 minutes 56 seconds east, 2,087 feet;
thence north 31 degrees 11 minutes 06 seconds east 577 feet;
thence north 74 degrees 29 minutes 18 seconds east 541.25 feet;
thence south 62 degrees 01 minute 31 seconds east 400 feet·
thence south 55 degrees 46 minutes 27 seconds east 612.52 fe~t;
thence south 34 degrees 13 minutes 83 seconds west 517.79 feet·
thence south 55 degrees 46 minutes 27 seconds east 158.81 feet;
thence south 34 degrees 13 minutes 33 seconds west 310 feet·
thence north 55 degrees 26 minutes 27 seconds north 15 feet;
thence south 34 degrees 13 minutes 33 seconds west 592 feet·
thence .running in .a southwesterly direction along the shoreline
(mean lugh water hne) of the Hackensack River. a distance of
2:360 feet bei~g th~ same more or l~ss to the easterly property
hne of the Erie Railroad and the pomt or place of beainnina
Said parcel containing 67.6 acres being the same more or less. ,.
(b) The ~leclaration in S!lbsection (a) of thi~ section shall apply
only to portions of the descnbed area whtch are mther bulkheaded and
filled or ?ccupied b.y permanent pile-supported structures. Plans for
bulkheaclmg and fillmg and permanent pile-supported structures shall
be appr?ved by the S~cretary of the Army, acting through the Chief
of Engmeers. Local mterests shall reimburse the Federal Govern-
ment for engineering and all other costs incurred under this section.
Smc .. lRO (a) 'J!le Secretary of the Army, acting through the Chief
of Engmeers, IS directed to develop a plan for shoreline protection and
beach erosion control along Lake Ontario, and report on such plan
to the qongress as soon as practicable. Such report shall include recom-
men~atwns on meas1;res of protection. and proposals for equitable cost
sharmg, together with recommendations for reO"ulatina the level of
Lake Ontario to assure maximum protection ofthe natural environ-
ment and to hold shoreline damage to a minimum.
(b) Until t~e Congress re~eives ~mel acts upon the repo~t required
under snbsechon (a) of this sectwn, all Federal aaenc1es havinO"
responsibilities affecting the level of Lake Ontario shaH consistent
''.'it.h. ~xis~ing authority, make ev~ry effort to discharge s~ch re~pon
mbibhes m a manner so as to mmimize damaae and erosion to the
shoreline of Lake Ontario. "'
(c) There is authorized to be appropriated to carry out this section
$2,000,000. .
(d) !his section may be cited as the "Lake Ontario Protection Act
of 1976'.
SEc. 181. (a) (1) Subject to paragraph (2) ofthis subsection, the
consent. of Congress is granted under section 9 of the Act of March 3,
189~ (30 Stat. ~1~1; 33 U.S.C. 401), to the Washington Subnrban
Samt~ry CommiSSion to construct a water diversion structure. with an
t>levation not to exceed one hundred and fifty-nine ft>et above sea level.
from the north shore of the Potomac River at the w·ashin!rton Snbur~
ban Sanitary Commission water filtration plant to the no;th shore of
Watkins Island.
(2) The structure authorized ~Y paragraph (1) of this subsection.
may not be constructed (A) unhl the Secretary of the Armv actina
through the Chief of Engineers. and the State of Maryland, the' Com':
90 STAT. 293~
Lake Ontario
Protection Act of
1976.
Plan, report to
Congress.
33 usc 426/.
Appropriation
authorization.
Citation of
section.
42 usc
l962d-lla.
Written
agreement.
90 STAT. 2940
42 usc 1962d-7
note.
58 Stat. 887.
64 Stat. 170.
62 Stat. 1175.
80 Stat. 1418.
49 Stat. 1572.
60 Stat. 641.
84 Stat. 312.
Ruby, Tenn., site
acquisition.
16 USC 460ee.
PUBLIC LAW 94-587-0CT. 22, 1976
monwealth of Virginia, the Washington Su_b~rban Sanitary Com-
mission and such other governmental authont1es as the Secretary of
the Arn'ty, the State of Maryland, and the Commonwealth of Vir~i~ia
deem desirable signatories enter into a written agreement proVldmg
an enforceable schedule for allocation among the parties to such agree-
ment for the withdrawal of the \Vaters of that portion of the Potomac
River located between Little Falls Dam and the farthest upstream
limit of the pool of water behind the Chesa~eake a~d Ohio Canal
Company rubble dam at Seneca, Maryland, durmg penods of lmy flo:v
of such portion of such river, and (B) unless such constructw~ IS
not in conflict with the report of the Secretary of the Army, actmg
throu(J"h the Chief of Engineers, submitted pursuant to section 85 of
the \Vater Resources Development Act of 1974:.
(b) The Secretary of the Army, acting through the Chie~ of Engi-
neers is authorized to enter into the agreement referred to m subsec-
tion (a) ( 2) of this section and any amendment to or revision of such
agreement. .
(c) Except as may b.e prm;ided in ~he :tgreep1ent ~eferred to m
subsection (a) ( 2) of th1s section, nothmg m tins section shall alter
any riparian rights or other authority of the State of Maryla~d, or
any political subdivision thereof, the Commonwealth of Virgima, or
any political subdivision the:eo:f, or _th~ District of Columbia, or
authority of the Corps of Engmeers ex1stmg on the date of enactment
of this s'ection relative to the appropriation of water from, or the use
of, the Potomac River.
SEc. 182. (a.) The authorization for the Richard B. Russell Dam
and Lake (formerly Trotters Shoals Reservoir), contained in section
203 of the Flood Control Act of 1966 (80 Stat. 14:05) is hereby
amended by deleting the following: "Nothing in this Act shall be con-
strued to authorize inclusion of pumped storage power in this project.".
(b) The Secr~tary o~ the Army, acting through t~1e Chief of Engi-
neers, is authonzed to mstall a fifth hydropower uu_1t at the Hartw~ll
Reservoir on the Savannah River, South Carolma and Georgia,
approved in the Flood Control Acts of December 22, 194:4:, and May 17,
1950, at an estimated increased cost of $15,700,000.
SEc. 183. The West Tennessee tributaries feature Mississippi River
and tributaries project (Obion and Forked Deer Rivers), Tennessee,
authorized by the Flood Control Acts approved June 30, 1948, and
N ovmber 7, 1966, as amended and modified, is hereby further amended
to authorize and direct the Secretary of the Army, acting through
the Chief of Engineers, to construct, to main-stem levee standards, a
levee with appurtenant works for flood protection immediately east
of the authorized diversion channel of the Obion River, authorized
by the Flood Control Act of June 22, 1936, as amended by the Flood
Contr·ol Act of July 24, 194:6, and further amended by section 7 of
the River Basin Monetary Authorization Act of 1971, from near the
mouth of the diversion channel to the vicinity of Highway 88 and
thence to high ground in the vicinity of Porter Gap, at an estimated
cost of $1,000,000.
SEc. 184. Section 108 of Public Law 93-251 is amended as follows:
(a) At the end o:f subsection (a) add the following: "The Secretary
may acquire sib~s at locations outside such boundaries, as he deter-
mines necessary, for administrative and visitor orientation facilities.
The Secretary may also acquire a site outside such boundaries at or
near the location of the historic Tabard Inn in Ruby, Tennessee, includ-
PUBLIC LAW 94-587-0CT. 22, 1976
ing such lands as he deems necessary, for the establishment of a lodge
with recreational :facilities as provided in subsection (e) ( 3) .";
(b) In subsection (b), after the "(b)" insert "(1)" and at the end
of such subsection insert the following:
"(2) The Secretary may by agreement with the Secretary of the
Interior provide for intenm management by the Department of the
Interior, in accordance \vith the provisions of the Act of August 25,
1916 (39 Stat. 535) (16 U.S.C. 1, 2--4) as amended and supplemented,
of any portion or portions of the project which constitute a logically
and efficiently administrable area. The Secretary is authorized to trans-
fer funds to the Department of the Interior for the costs of such
interim management out of funds appropriated for the project.";
(c) In subsection (c) ( 1), after the phrase "States of Kentucky
and Tennessee or any political subdivisions thereof" insert the fol-
lowin(J": "which were in public ownership at the time of enactment b • of this sectwn.";
(d) At the end of subsection (e) ( 2) (A), strike the period and insert
the following: "and except that motorboat access into the gorge area
shall be permitted up to a point one-tenth of a mile downstream from
Devil's Jumps; and except for the continued operation and mainte-
nance of the rail line currently operated and known as the K & T
Railroad. The Secretary shall acquire such interest in the K & TRail-
road right-of-way by easement as he deems necessary to protect the
scenic. esthetic, and recreational values of the gorge area and the
adjacent areas.";
(e) In subsection (e) ( 2) (C), strike the period at the end and insert
the following: '', the road entering the gorge across from the mouth
of Station Camp Creek."; and
(f) In subsection (e) (2) (K), strike "$32,850,000" and insert in lieu
thereof ·'$103,522,000".
SEc. 185. The Secretary of the ~\.rmy, acting through the Chief of
Engineers, is directed to make a maximum effort to assure the full
participation of members of minority groups, living in the States
participating in the Tennessee-Tombigbee vVaterway Development
Authority, in the construction of the Tennessee-Tombigbee "\Vaterway
project, including actions to encourage the use, wherever possible, of
minority owned firms. The Chief of Engineers is directed to report on
,July 1 of each year to the Congress on the implementation of this
section, together with recommendation for any legislation that may be
needed to assure the fuller and more equitable participation of mem-
bers of minority groups in this project or others under the direction
of the Secretary.
SEc. 186. The Act entitled "An ~\.ct to authorize construction of
the :Mississippi Hiver-Gulf outlef', approved March 29, 1956 (70 Stat.
65), is amended by inserting before the period at the end thereof a,
colon and the following-1: "And provided further, That such conditions
of local cooperation shall not apply to the construction of bridges
(at a cost not to exceed $7l,i500,000) required as a result of the con··
struction of the Mississippi Rirer-Gulf outlet channel if the Secretary
of the .Army, after consultation with the Secretary of Transportation,
determines prior to the construction of sueh bridges that the Federal
Government >vill not assume the costs of sueh work in accordance
with section 132(a) of the Federal-Aid Highway .\.ct of 1976 (Public
Law 9!-280); and before construction of the bridges may be initiated
the non-Federal public bodies inrolrecl shall agree pursuant to section
221 of the Flood Control Act of 1970 (Public Law 91-611) to (a)
90 STAT. 2941
Interim
management.
Transfer of funds.
Tennessee-
Tombigbee
Waterway project
construction,
minority groups
participation.
33 USC 544c.
Report to
Congress.
Ante, p. 441.
42 usc
1962d-5b.
90 STAT. 2942 PUBLIC LAW 94-587-0CT. 22, 1976
Red River
Waterway, La.,
Tex., Ark., Okla.,
project
modification.
Appropriation
authorization.
Big Blue Lake,
Kans., project
modi[ication.
Appropriation
authorization.
hold and save the United States free from damages resulting from
construction of the bridges and their approaches, (b) provide without
cost to the United States all lands, easements, and rights-of-way nec-
essary for the construction of the bridges and their approaches, and
(c) maintain and operate the bridges and their approaches after
construction is completed".
SEc. 187. The project for navigation and bank stabilization in the
Red River ·waterway, Louisiana, Texas, Arkansas, and Oklahoma,
authorized by the Rivers and Harbors Act of 1968 (82 Stat. 731) is
he_reby modified to provide that the 110~-Federal interes~s ~hall :on-
tnbute 25 per centum of the constructiOn costs of retammg dikes,
bulkheads, and embankments required for initial and subsequent dis-
posal of dredged material, and the Federal cost shall be 75 per cen~um
(currently estimated at $3,100,000). The requirements for a ppropnate
non-Federal interests to furnish an agreement to contribute 25 per
centum of the construction cost set forth above shall be waived by
the Secretary of the Army upon a finding by the Administrator of
the Environmental Protection Agency that for the area to which such
construction applies, the State or States involved, interstate agency,
municipality, other appropriate political subdivisions of the State,
and industrial concerns are participating in and in compliance with
an approved plan for the general geographical area of the dredging
activity for construction, modification, expansion, or rehabilitation of
waste treatment facilities and the Administrator has found that
applicable water quality standards are not being violated.
SEc. 188. Notwithstanding any other provision of law, the Secretary
of the Army, acting through the Chief of Engineers, at the request of
the city of Williston, North Dakota, is authorized an.d directed_ to take
such action as may be necessary to relocate certain water mtakes,
locatrd on a pier of the Lewis anci Clark Bridge on the Missouri River,
threatened by siltation. There is authorized to be appropriated not to
exceed $1.000,000 to carry out the provisions of this section.
SEc. 189. (a) The project for Tuttle Creek Lake, Big Blue Lake,
Kansas, authorized as a unit of the comprehensive plan for flood con-
trol and other purposes, Missouri RiYer Basin, by the Flood Control
Act approved June 28, 1938, as modified, is hereby further modified to
authorize and direct the Secretary of the Army, acting through tlw
Chief of Engineers, to (1) provide a residential access road near
"\Vaterville, Kansas, from a point of intersection with F AS Route 431,
located approximately 0.2 miles south of the northeast corner of sec-
tion 16, township 4 south, range 6 east, and extending in an east
southeasterly direction to a point of intersection with the existing
township road located near the center of section 14, township 4 south,
range 6 east, and (2) to replace the existing Whiteside Bridge, located
one mile northwest of Blue Rapids, Kansas, so as to obtain an eleva-
tion of 1128.0 mean sea level.
(b) There is authorized to be appropriated not to exceed $630,000
to carry out the purposes of this section. . .
SEc. 190. (a) The Secretary of the Army, actmg through the Chief
of Engineers, is authorized to undertake the phase I design memoran-
dum stage of advanced engineering and design on the Days Creek
unit of the project for flood control and other purposes on the Red
River below Denison Dam, Texas, Arkansas, and Louisiana, substan-
tially in accordance with the report of the Board of Engineers for
Rivers and Harbors at an estimated cost of $300,000. This shall take
effect upon submittal to the Secretary of the Army by the Chief of
PUBLIC LAW 94-587-0CT. 22, 1976
Engineers and notification to Congress of the approval of the Chief of
Engineers.
(b) The Secretary of the Army, acting through the Chief of Engi-
neers, is authorized to construct the project for flood control and other
purposes on the Red River below Denison Dam, Texas, Arkansas and
Louisiana, in accordance with the report of the Chief of Engineers
dated August 3, 1976, at an estimated cost of $4,131,000.
SEc. HH. The Secretary of the Army, acting through the Chief of
Eno-ineers, is authorized to undertake the non-structural flood pro-
tection project on Galveston Bay at Baytown, Texas, in accordance
with the final report of the Chie~ of Engineers, at an e~timated Fed-
rral cost of $15,680,000; and provided that non-Federal mterests shall
be required to pay 20 per centum of the project costs.
SEc. 192. The l?roject for flood protection and other purposes on
the Deep Fork River in the vicinity of Arcadia, Oklahoma, author-
ized in section 201 of Public Law 91-611, is amended and reauthor-
ized so as to delete the benefits for water quality and to include
benefits for water supply.
SEc. 193. In order to assure an adequate supply of food to the
Nation and to promote the economic vitality of the High Plains
Region, the Secretary of Commerce (hereinafter referred to in this
section as the "Secretary"), acting through the Economic Develop-
ment Administration, in cooperation '1\'i.th the Secretary of the Army,
acting through the Chief of Engineers, and appropriate Federal,
State, and local agencies, and the private sector, is authorized and
directed to study the depletion of the natural resources of those
regions of the States of Colorado, Kansas, New Mexico, Oklahoma,
Texas, and Nebraska presently utilizing the declining water resources
of the Ogallala acquifer, and to develop plans to increase wat_er sup-
plies in the area and report thereon to Congress, together with any
recommendations for further congressional action. In formulat!ng
these plans, the Secr(•tary is directed to consider all pas~ and ongo_mg
studies, plans, and work on depleted water resources m the regiOn,
and to examine the feasibility of various alternatives to proYide ade-
quate wl'tter supplies in the area including, but not limited to, thP
transfer of water from adjacent areas, such portion to be conducted
by the Chief of Engineers to assure the continued economic growth
and vitality of the region. The Secretary shall report on the costs of
rPasonably available options, the benefits of various options, and the
costs of inadion. If water transfer is found to be a part of a reason-
able solution, the Secretary, as part of his study, shall include a rec-
ommended plan for allocating and distributing water in an equitablP
fashion, taking into account existing wate~ rig~ts and the n~eds for
future o-rowth of all affected areas. An mter1m report, with rec-
ommendations, shall be transmitted to the Congress no later than
October 1, 1978, and a final report, with recommendations, shall be
transmitted to Congress not later than July 1, 1980. A sum of
$6,000,000 is authorized to be appropriated for the purposes of carry-
ing out this section.
SEc. 194. The project for the Cochiti Reservoir i_n New Mexico_as
part of the project for the improvement of the R10 Grande. Basm,
authorized in the Flood Control Act of 1960 (74 Stat. 488), IS mod-
ified in order to direct the Secretary of the Army, acting through the
Chief of Engineers, to construct, for public recreation purposes, an
access road from UnitBd States highway numbered 85 to such reser-
voir. There is authorized to be appropriated not to exceed $1,500,000
to carry out the purposes of this section.
90 STAT. 2943
Galveston Bay,
Baytown, Tex.,
project.
Deep Fork River,
Arcadia, Okla.,
project.
84 Stat. 1824.
Study.
Plans, report to
Congress.
42 usc
l962d-l8.
Report.
Reports to
Congress.
Appropriation
authorization.
Cochiti
Reservoir, N.
Mex., project
modification.
Appropriation
authorization.
90 STAT. 2944 PUBLIC LAW 94-587-0CT. 22, 1976
Sante Fe, N.
Mex., project
construction.
16 usc 460!-12
note.
Lucky Peak
Lake, Idaho,
project
modification.
60 Stat. 64L
33 usc 1252.
Days Creek Dam,
South Umpqua
River, Oreg.
SEc. 195. (a) The Secretary of the Army, acting through the Chief
of Engineers, is authorized to construct a project for local flood pro-
tection on the Santa Fe River and Arroyo Mascaras at and in the
vicinity of Santa Fe, New Mexico, pursuant to the report of the Chief
of Engineers dated June 29, 1976, for flood control and allied pur-
poses, at an estimated cost of $8,200,000: PTovided, That the project
shall not include construction of any impoundments east of the exist-
ing Nichols Dam: And pTovided fuTtheT, That in any earth-moving
operations in connection with the construction of such project, the
sources of material, and the routes for transporting such materials to
the construction sites shall be selected in a way that minimizes any
adverse effect on normal transportation movements within the city
of Santa Fe, New Mexico.
(b) Notwithstanding any other provision of law, the project for
Pine Mountain Lake on Lee Creek, Arkansas and Oklahoma, author-
ized by section 204 of the Flood Control Act of 1965 (79 Stat. 1073),
shall be constructed, operated, and maintained in accordance with the
Federal \Yater Project Hecreation Art, Puhlir Law 89-72, as amended.
SEc. 196. The project for Lucky Peak Lake, Idaho, authorized by
the Flood Control Act of 1946, is hereby modified to authorize the
Secretary of the Army, acting through the Chief of Engineers, to
modify the outlet works in the Lucky Peak Dam at a Federal cost
not to exceed $4,100,000, to assure maintenance of adequate flows along
the Boise Uiver: PTovided, That provisions of section 102(b) of the
Federal \Vater Pollution Control Amendments of 1972 ( 86 Stat. 816),
shall apply to this modification.
SEc. 197. Section 50 of the ·water Resources Development Act of
197 4 ( 88 Stat. 12), is amended by striking out "$350,000" and inserting
in lieu thereof "$380,000".
SEc. 198. The sum of $250,000 is hereby authorized to complete the
phase I design memorandum stage of advanced engineering and design
of the Days Creek Dam, South Umpqua River, Oregon, authorizPd
by section 1 (a) of the Water Resources Development Act of 197 4 ( 88
Stat. 12).
SEc. _199. The project for navigation improvements, Cook Inlet,
ATaslca11\nchorage Harbor, Alaska), authorized by the Rivers and
Harbors Act of 1958, approved tTul.Y 3, 1958, is hPreby modified to
provide that the Secretary of the Army, acting through the Chief of
Eng;inrers, is authorized to maintain a harbor bottom depth of -35.0
feet MLLW, for a length of 3,000 feet at the existing Port of Anchor-
age 1\Iarinr Facility, at an estimated annual cost of $150,000.
SEc. 200. Srction 35 of the \Vater Resources Development Act of 197 4
(PubTic Law 93-251) is amended as follows:
(a) Inserting" (a)" after "SEc. 35";
(b) Inserting new subsection" (b)", as follows:
"(b) The Secretary of the Army, acting through the Chief of
Engineers, is authorized and directed to make a detailed study of such
plans as he may deem feasible and appropriate for the removal and
disposal of debris and obsolete buildings remaining as a result of mili-
t~ry .construction during ·world \Var II, and subsequently, in the
V1c1mty of Metlakatla and Annette Island in southeastern Alaska, at
an estimated cost of $100,000. Such study shall include an analvsis
of appropriate measures to restore the area to its natural condition.".
§E;g'-j~QJ. (a) Section 204(b) of the Act of October 23, 1962 (76
Stat. 1173, 1174), is amended by striking the period at the end of the
second sentence and insert the following : " : PTovided, That the Sec-
PUBLIC LAW 94-587-0CT. 22, 1976
retary of the Interior in determining reimbursable costs, shall not
include the costs of replacing and relocating the original Salisbury
Ridge section of the 138-kilovolt transmission line: Provided further,
That the Secretary of the Army, acting through the Chief of Engi-
neers, shall relocate such transmission lines, at an estimated cost of
$5,641,000.".
(b) The Crater-Long Lakes division of the Snettisham project near
Juneau, Alaska, as authorized by section 204 of the Flood Control Act
of 1962, is modified with respect to the reimbursement payments to the
United States on such project in order to provide (1) that the repay-
ment period shall be sixty years, (2) that the first annual payment
shall be 0.1 per centum of the total principal amount to be repaid,
(3) thereafter annual payments shall be increased by 0.1 per centum
of such total each year until the tenth year at ·which time the payment
shall be 1 per centum of such total, and {4) subsequent annual pay-
ments for the remaining fifty years of the sixty-year repayment period
shall be one-fiftieth of the balance remaining after the tenth annual
pavment (including interest over such sixty-year period).
SEc. 202. (a) The Congress finds that drift and debris on or in pub-
licly maintained commercial boat harbors and the land and water areas
immediately adjacent thereto threaten navigational safety, public
health, recreation, and the harborfront environment.
(b) (1) The Secretary of the Army, acting through the Chief of En-
gineers, shall be respmisible for developing projects for the collection
and removal of drift and debris from publicly maintained commercial
boat harbors and from land and water areas immediately adjacent
thereto.
(2) The Secretary of the Army, acting through the Chief of Engi-
neers is authorized to undertake projects developed under paragraph
(1) of this subsection without specific congressional approval when
the total Federal cost for the project is less than $400,000.
(c) The Federal share of the cost of any project developed pursuant
to subsection (b) of this section shall be two-thirds of the cost of the
project. The remainder of such costs shall be paid by the State,
municipality, or other political subdivision in which the project is
to be located, except that any costs associated with the collections and
removal of drift and debris from feclerallv owned lands shall be borne
by the Federal Government. Non-Federal interests in future project
development under subsection (b) of this section shall be required to
recover the full cost of drift or debris removal from any identified
owner of piers or other potential sources of drift or debris, ·or to repair
such sources so that they no longer create a potential source of drift or
debris.
(d) Any State, municipality, or other political subdivision where
any project developed pursuant to subsection (b) of this section is
located shall provide all lands, easements, and right-of-way necessary
for the project, including suitable access and disposal areas, and shall
agree to maintain such projects and hold and save the United States
free from any damages which may result from the non-Federal
sponsor's performance of, or failure to perform, any of its required
responsibilities of cooperation for the project. Non-Fededal interest
shall agree to regulate any project area following project completion
so that such area will not become a future source of drift and debris.
The Chief of Engineers shall provide technical advice to non-Federal
interests on the implementation of this subsection.
90 STAT. 2945
~nettisham
project, Juneau,
Ara.5ka:;--~
moalfication.
7oYtaLIT73.
33 USC 426m.
90 STAT. 2946
"Drift."
"Debris."
Appropriation
authorization.
Alaska
IlyOrOelectric
POWer~,~,~
D~evelopment Act.
42USc<···~·····
l962d-l4a.
Alaska
Hydroelectric
Power
Development
Fund.
Establishment.
Appropriation
authorization.
Investments.
PUBLIC LAW 94-587-0CT. 22, 1976
(e) For the purposes of this section-
(1) the term "drift" includes any buoyant material that, when
floating in the navigable waters of the United States, may cause
damage to a commercial or recreational vessel; and
(2) the term "debris" includes any abandoned or dilapidated
structure or any sunken vessel or other object that can reasonably
be expected to collapse or otherwise enter the navigable waters of
the United States as drift within a reasonable period.
(f) There is authorized to be appropriated to carry out this section
not to exceed $4,000,000 per fiscal year for fiscal years 1978 and 1979.
SEc .. 203: (a) (1) The Congress finds that the expeditious develop-
men£ "ofllydroelectric power generating facilities in Alaska that are
environmentally sound to assist the Nation in meeting existing and
future energy demands is in the national interest.
(2) The Congress therefore declares that the expertise of the Chief
of Engineers can and should be utilized for the benefit of local public
bodies in the development of projects which yield 90 per centum or
more of the benefits of the project are attributable to hydroelectric
power generation when the project is fully operational.
(b) To meet the goals of this section, there is hereby established in
the Treasury of the United States an Alaska Hydroelectric Power
Development Fund (hereafter referred to as the "fund") to be and
remain available for use by the Secretary of the Army (hereinafter
referred to as the "Secretary") to make expenditures authorized by
this section. The fund shall consist of (1) all receipts and collections
by the Secretary of repayments in accordance with subsection (e) of
this section and payments by non-Federal public authorities to the
Secretary to finance the cost of construction of projects in accord-
ance with subsection (f) of this section, and which the Secretary is
hereby directed to deposit in the fund as they are received, and (2)
any appropriations made by the Congress to the fund.
(c) There is authorized to be appropriated to the Secretary for
deposit in the fund established by subsection (b) of this section the
sum of $25,000,000.
(d) (1) If the Secretary determines that moneys in the fund are in
excess of current needs, he may request the investment of such amounts
as he deems advisable by the Secretary of the Treasury in direct, gen-
eral obligations of, or obligations guaranteed as to both principal and
interest by, the United States.
(2) vVith the approval of the Secretary of the Treasury, the
Secretary may deposit moneys of the fund in any Federal Reserve
bank or other depository for funds of the United States, or in such
other banks and financial institutions and under such terms and condi-
tions as the Secretary and the Secretary of the Treasury may mutually
agree.
(e) The Secretary is authorized to make expenditures from the fund
for the phase I design memorandum stage of advanced engineering
and design for any project in Alaska that meets the requirements of
subsection (a) (2) of this section, if appropriate non-Federal public
authorities, approved by the Secretary, agree with the Secretary,
in writing, to repay the Secretary for all the separable and joint costs
of preparing such design memorandum, if such report is favorable.
Following the completion of the phase I design memorandum stage of
advanced engineering and design under this subsection, the Secretary
shall not transmit any favorable report to Congress prior to being
repaid in full by the appropriate non-Federal public authorities for
the costs incurred during such phase I. The Secretary is also author-
PUBLIC LAW 94-587-0CT. 22, 1976
ized to make expenditures from non-Federal funds deposited in the
fund as an advance against construction costs.
(f) In connection with water resources development projects which
meet the criteria established by subsection (a) ( 2) of this section and
which are to be constructed by the Secretary, acting through the
Chief of Engineers, in accordance with an authorization by Congress
and a contract between the non-Federal public authorities and the
Secretary, pursuant to subsection (g) (1) of this section occurring on
or subsequent to the date of enactment of this Act, the Secretary,
acting through the Chief of Engineers, is authorized to construct
such projects including activities for engineering and design land
acquisition, site development, and off-site improvements necessary
for the authorized construction by making expenditures from (1)
the Fund established in subsection (b) of this section of funds
deposited by non-Federal public authorities as payments for construc-
tion and (2) payments of non-Fed~ral public autho~ities held_ by
the Secretary as payment of constructiOn costs for a proJect authonzed
by this section.
(g) (1) Prior to initiating any construction work under the
authorities of this section, the Secretary and the appropriate non-
Federal public authorities shall agree in writing, and submit such
agreement to the Committees on Public 1Vorks and Appropriations
of the Senate and House of Representatives for review and reporting
to the Congress for its consideration and approval that the appro-
priate non-Federal public authorities will pay the full anticipated
costs of constructing the project at the time such costs are incurred,
together with normal contingencies and related administrative
expenses of the Secretary, and such payments shall be deposited in the
fund or held by the Secretary for payment of obligations incurred
by the Secretary on an authorized project under this section. The
agreement shall provide for an initial determination of feasibility
and compliance by the project with law. The total non-Federal obli-
gation shall be paid on or prior to the date the Chief of Engineers
has estimated by agreement, that the project concerned will be avail-
able for actual generation of all or a substantial portion of the
anthorized hydroelectric power of the project.
(2) In consideration of the obligations to be assumed by non-
Federal public authorities under the provisions of this section and
in recognition of the substantial investments which will be made by
these authorities in reliance on the program established by this section,
the United States shall assume the responsibility for paying for all
costs over those fixed in the agreement with the non-Federal public
authorities, if such costs are occasioned by acts of God, failure on the
part of the Secretary, acting through the Chief of Engineers, to
adhere to the agreed schedule of work or a failure of design:
Pr01lided, That payments by the Secretary of such costs shall be
subject to appropriations acts.
(h) The Secretary is authorized and directed, pursuant to the
agreement, to convey all title, rights, and interests of the United
States to any project, its lands and water areas, and appurtenant
facilities to the non-Federal public authorities which have agreed
to assume ownership of the project and responsibility for its per-
formance, operation, and maintenance, as well as necessary replace-
ments in accordance with this section upon full payment by such
non-Federal public authorities as required under subsection (g) (1)
of this section. Such conveyance shall, pursuant to the agreement
90 STAT. 2947
Agreement,
submittal to
congressional
committees.
Conveyance.
90 STAT. 2948
Citation of
section.
Short title.
PUBLIC LAW 94-587-0CT. 22, 1976
required by subsection (g) of this section, to the maximum extent
possible, occm immediately upon the project's availability for gen·
eration of all or a substantial portion of the authorized hydroeleelric
power of the project, and shall include such Federal requirements,
reservations, and provisions for access rights to the project and its
records as the Secretary finds advisable to complete any portion of
project construction rPHHtining at the time of convPyance and to
assure that the project ·will be operated and maintained in a rpspcn·
sible and safl' mannl'r to accomplish, as nearly as may bl' possiblr,
all of the authorized purposes of the project including. but not
restricted to, hydroelectric power generation.
(i) This section shall he cited as the "Alaska Hydroelectric Power
Den'lopment Act".
SEc. 204. No funds specifically authorized for any project in this
Act will be available for expenditure prio.· to fiscal year 1978.
SEc. 205. This Act may he cited as the "~Yater Hesonrces DeVPlop·
ment Act of 1976".
Approved October 22, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94-1702 accompanymg H.R. 15636 (Comm. on Pnhlic Works
and Transportation) and No. 94-1755 (Comm. of Conference).
SENATE REPORT No. 94-1255 (Comm. on Public Works).
CONGRESSIONAL RECORD, Vol. 122 (1976):
Sept. 28, considered and passed Senate.
Sept. 29, considered and passed House, amended, in lieu of H.R. 15636.
Oct. 1, House and Senate agreed to conference report.
Note.-A change has been made in the slip law fonnat to provide for one-time
preparation of copy to be used for publication of both slip laws and the United
States Statutes at Large volumes. Comments from users are invited by the Office of
the Federal Register, National Archives and Records Service, Washington, D.C.
20408.
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