Report for H.R.6 As finally approved by the House and Senate (Enrolled) Complete Text of this version

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1 [DESCRIPTION: This Act, known as Water Resources Development Act 1986, was first major "Omnibus" projects authorization Bill for Corps Engineers in 16 years. It contained a number environmental provisions addressing issues such as mitigation, enhancement and modification Corps projects to improve environment. The Act authoirzed over 270 Corps projects for study or construction, 33 generic studies, 72 project modifications, 72 miscellaneous projects, deauthorized 290 projects and authorized over $500 million in fish and wildlife mitigation/enhancement features.] Report for H.R.6 As finally approved by House and Senate (Enrolled) Complete Text this version Ninety-ninth Congress United States America AT THE SECOND SESSION Begun and held at City Washington on Tuesday, twenty-first day January, one thousand nine hundred and eighty-six An Act To provide for conservation and development water and related resources and improvement and rehabilitation Nation's water resources infrastructure. ============================== Be it enacted by Senate and House Representatives United States America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as "Water Resources Development Act 1986". (b) Table Contents.-- Title I--Cost Sharing Title II--Harbor Development Title III--Inland Waterway Transportation System Title IV--Flood Control Title V--Shoreline Protection

2 Title VI--Water Resources Conservation and Development Title VII--Water Resources Studies Title VIII--Project Modifications Title IX--General Provisions Title X--Project Deauthorizations Title XI--Miscellaneous Programs and Projects Title XII--Dam Safety Title XIII--Namings Title XIV--Revenue Provisions SEC. 2. DEFINITION OF SECRETARY. For purposes this Act, term "Secretary" means Secretary Army. TITLE I--COST SHARING SEC HARBORS. (a) Construction.-- (1) Payments during construction.--the non-federal interests for a navigation project for a harbor or inland harbor, or any separable element re, on which a contract for physical construction has not been awarded before date enactment this Act shall pay, during period construction project, following costs associated with general navigation features: (A) 10 percent cost construction portion project which has a depth not in excess 20 feet; plus (B) 25 percent cost construction portion project which has a depth in excess 20 feet but not in excess 45 feet; plus (C) 50 percent cost construction portion project which has a depth in excess 45 feet. (2) Additional 10 percent payment over 30 years.--the non-federal interests for a project to which paragraph (1) applies shall pay an additional 10 percent cost general navigation features project in cash over a period not to exceed 30 years, at an interest rate determined pursuant to section 106. The value lands, easements, rights--way, relocations, and dredged material disposal areas provided under paragraph (3) shall be credited toward payment required under this paragraph.

3 (3) Lands, easements, and rights--way.--the non-federal interests for a project to which paragraph (1) applies shall provide lands, easements, rights--way, relocations (or than utility relocations under paragraph (4)), and dredged material disposal areas necessary for project. (4) Utility relocations.--the non-federal interests for a project to which paragraph (1) applies shall perform or assure performance all relocations utilities necessary to carry out project, except that in case a project for a deep-draft harbor and in case a project constructed by non-federal interests under section 204, one-half cost each such relocation shall be borne by owner facility being relocated and one-half cost each such relocation shall be borne by non-federal interests. (b) Operation and Maintenance.--The Federal share cost operation and maintenance each navigation project for a harbor or inland harbor constructed pursuant to this Act shall be 100 percent, except that in case a deep-draft harbor, non-federal interests shall be responsible for an amount equal to 50 percent excess cost operation and maintenance such project over cost which Secretary determines would be incurred for operation and maintenance such project if such project had a depth 45 feet. (c) Erosion or Shoaling Attributable to Federal Navigation Works.--Costs constructing projects or measures for prevention or mitigation erosion or shoaling damages attributable to Federal navigation works shall be shared in same proportion as cost sharing provisions applicable to project causing such erosion or shoaling. The non-federal interests for project causing erosion or shoaling shall agree to operate and maintain such measures. (d) Non-Federal Payments During Construction.--The amount any non-federal

4 share cost any navigation project for a harbor or inland harbor shall be paid to Secretary. Amounts required to be paid during construction shall be paid on an annual basis during period construction, beginning not later than one year after construction is initiated. (e) Agreement.--Before initiation construction a project to which this section applies, Secretary and non-federal interests shall enter into a cooperative agreement according to provisions section 221 Flood Control Act The non-federal interests shall agree to-- (1) provide to Federal Government lands, easements, and rights--way, and to provide dredged material disposal areas and perform necessary relocations required for construction, operation, and maintenance such project; (2) hold and save United States free from damages due to construction or operation and maintenance project, except for damages due to fault or negligence United States or its contractors; (3) provide to Federal Government non-federal share all or costs construction such project; and (4) in case a deep-draft harbor, be responsible for non-federal share operation and maintenance required by subsection (b) this section. SEC INLAND WATERWAY TRANSPORTATION. (a) Construction.--One-half costs construction-- (1) each project authorized by title III this Act, (2) project authorized by section 1103(j) this Act, and (3) allocated to inland navigation for project authorized by section 844 this Act, shall be paid only from amounts appropriated from general fund Treasury. One-half such costs shall be paid only from amounts appropriated from Inland Waterways Trust Fund. For purposes this subsection, term "construction" shall include planning, designing, engineering, surveying, acquisition all lands, easements, and rights--way necessary for

5 project, including lands for disposal dredged material, and relocations necessary for project. (b) Operation and Maintenance.--The Federal share cost operation and maintenance any project for navigation on inland waterways is 100 percent. (c) Authorizations From General Fund.--Any Federal responsibility-- (1) with respect to a project authorized by title III or section 1103(j), or (2) with respect to portion project authorized by section 844 allocated to inland navigation, which responsibility is not provided for in subsection (a) this section shall be paid only from amounts appropriated from general fund Treasury. SEC FLOOD CONTROL AND OTHER PURPOSES. (a) Flood Control.-- (1) General rule.--the non-federal interests for a project with costs assigned to flood control (or than a nonstructural project) shall-- (A) pay 5 percent cost project assigned to flood control during construction project; (B) provide all lands, easements, rights--way, and dredged material disposal areas required only for flood control and perform all related necessary relocations; and (C) provide that portion joint costs lands, easements, rights--way, dredged material disposal areas, and relocations which is assigned to flood control. (2) 25 percent minimum contribution.--if value contributions required under paragraph (1) this subsection is less than 25 percent cost project assigned to flood control, non-federal interest shall pay during construction project such additional amounts as are necessary so that total contribution non-federal interests under this subsection is equal to 25 percent cost project assigned to flood control. (3) 50 percent maximum.--the non-federal share under paragraph (1) shall not exceed 50 percent cost project assigned to flood

6 control. The preceding sentence does not modify requirement paragraph (1)(A) this subsection. (4) Deferred payment amount exceeding 30 percent.--if total amount contribution required under paragraph (1) this subsection exceeds 30 percent cost project assigned to flood control, non-federal interests may pay amount excess to Secretary over a 15-year period (or such shorter period as may be agreed to by Secretary and non-federal interests) beginning on date construction project or separable element is completed, at an interest rate determined pursuant to section 106. The preceding sentence does not modify requirement paragraph (1)(A) this subsection. (b) Nonstructural Flood Control Projects.--The non-federal share cost nonstructural flood control measures shall be 25 percent cost such measures. The non-federal interests for any such measures shall be required to provide all lands, easements, rights--way, dredged material disposal areas, and relocations necessary for project, but shall not be required to contribute any amount in cash during construction project. (c) Or Purposes.--The non-federal share cost assigned to or project purposes shall be as follows: (1) hydroelectric power: 100 percent, except that marketing such power and recovery costs constructing, operating, maintaining, and rehabilitating such projects shall be in accordance with existing law: Provided, That after date enactment this Act, Secretary shall not submit to Congress any proposal for authorization any water resources project that has a hydroelectric power component unless such proposal contains comments appropriate Power Marketing Administrator designated pursuant to section 302 Department Energy Organization Act (Public Law 95-91) concerning appropriate Power Marketing Administration's ability to market hydroelectric power expected to be generated and not required in operation project

7 under applicable Federal power marketing law, so that, 100 percent operation, maintenance and replacement costs, 100 percent capital investment allocated to purpose hydroelectric power (with interest at rates established pursuant to or prescribed by applicable law), and any or costs assigned in accordance with law for return from power revenues can be returned within period set for return such costs by or pursuant to such applicable Federal power marketing law; (2) municipal and industrial water supply: 100 percent; (3) agricultural water supply: 35 percent; (4) recreation, including recreational navigation: 50 percent separable costs and, in case any harbor or inland harbor or channel project, 50 percent joint and separable costs allocated to recreational navigation; (5) hurricane and storm damage reduction: 35 percent; and (6) aquatic plant control: 50 percent control operations. (d) Certain Or Costs Assigned to Project Purposes.--Costs constructing projects or measures for beach erosion control and water quality enhancement shall be assigned to appropriate project purposes listed in subsections (a), (b), and (c) and shall be shared in same percentage as purposes to which costs are assigned, except that all costs assigned to benefits to privately owned shores (where use such shores is limited to private interests) or to prevention losses private lands shall be borne by non-federal interests and all costs assigned to protection federally owned shores shall be borne by United States. (e) Applicability.-- (1) In general.--this section applies to any project (including any small project which is not specifically authorized by Congress and for which Secretary has not approved funding before date enactment this Act), or separable element re, on which physical construction

8 is initiated after April 30, 1986, as determined by Secretary, except as provided in paragraph (2). (2) Exceptions.--This section shall not apply to Yazoo Basin, Mississippi, Demonstration Erosion Control program, authorized by Public Law 98-8, or to Harlan, Kentucky, or Barbourville, Kentucky, elements project authorized by section 202 Public Law (f) Definition Separable Element.--For purposes this Act, term "separable element" means a portion a project-- (1) which is physically separable from or portions project; and (2) which-- (A) achieves hydrologic effects, or (B) produces physical or economic benefits, which are separately identifiable from those produced by or portions project. (g) Deferral Payment.--(1) With respect to projects listed in paragraph (2), no amount non-federal share required under this section shall be required to be paid during three-year period beginning on date enactment this Act. (2) The projects referred to in paragraph (1) are following: (A) Boeuf and Tensas Rivers, Tensas Basin, Louisiana and Arkansas, authorized by Flood Control Act 1946; (B) Eight Mile Creek, Arkansas, authorized by Public Law 99-88; and (C) Rocky Bayou Area, Yazoo Backwater Area, Yazoo Basin, Mississippi, authorized by Flood Control Act approved August 18, (h) Assigned Joint and Separable Costs.--The share costs specified under this section for each project purpose shall apply to joint and separable costs construction each project assigned to that purpose, except as orwise specified in this Act. (i) Lands, Easements, Rights--Way, Dredged Material Disposal Areas, and Relocations.--The non-federal interests for a project to which this section applies shall provide all lands, easements, rights--way, and dredged material disposal areas required for project and perform all necessary relocations, except to extent limited by any provision this section. The value any contribution under preceding sentence shall be included in non-federal share project specified in this section. (j) Agreement.--

9 (1) Requirement for agreement.--any project to which this section applies (or than a project for hydroelectric power) shall be initiated only after non-federal interests have entered into binding agreements with Secretary to pay 100 percent operation, maintenance, and replacement and rehabilitation costs project, to pay non-federal share costs construction required by this section, and to hold and save United States free from damages due to construction or operation and maintenance project, except for damages due to fault or negligence United States or its contractors. (2) Elements agreement.--the agreement required pursuant to paragraph (1) shall be in accordance with requirements section 221 Flood Control Act 1970 (84 Stat. 1818) and shall provide for rights and duties United States and non-federal interest with respect to construction, operation, and maintenance project, including, but not limited to, provisions specifying that, in event non-federal interest fails to provide required non-federal share costs for such work, Secretary-- (A) shall terminate or suspend work on project unless Secretary determines that continuation work is in interest United States or is necessary in order to satisfy agreements with or non-federal interests in connection with project; and (B) may terminate or adjust rights and privileges non-federal interest to project outputs under terms agreement. (k) Payment Options.--Except as orwise provided in this section, Secretary may permit full non-federal contribution to be made without interest during construction project or separable element, or with interest at a rate determined pursuant to section 106 over a period not more than thirty years from date completion project or separable element. Repayment contracts shall provide for recalculation interest rate at five-year intervals. (l) Delay Initial Payment.--At request any non-federal interest Secretary may permit such non-federal interest to delay initial

10 payment any non-federal contribution under this section or section 101 for up to one year after date when construction is begun on project for which such contribution is to be made. Any such delay in initial payment shall be subject to interest charges for up to six months at a rate determined pursuant to section 106. (m) Ability to Pay.--Any cost-sharing agreement under this section for flood control or agricultural water supply shall be subject to ability a non-federal interest to pay. The ability any non-federal interest to pay shall be determined by Secretary in accordance with procedures established by Secretary. SEC GENERAL CREDIT FOR FLOOD CONTROL. (a) Guidelines.--Within one year after date enactment this Act, Secretary shall issue guidelines to carry out this section, consistent with principles and guidelines on project formulation. The guidelines shall include criteria for determining wher work carried out by non-federal interests is compatible with a project for flood control and procedures for making such determinations. The guidelines under this section shall be promulgated after notice in Federal Register and opportunity for comment. (b) Analysis Costs and Benefits.--The guidelines established under subsection (a) shall provide for Secretary to consider, in analyzing costs and benefits a proposed project for flood control, costs and benefits produced by any flood control work carried out by non-federal interests that Secretary determines to be compatible with project. For purposes preceding sentence Secretary may consider only work carried out after date which is 5 years before first obligation funds for reconnaissance study for such project. In no case may work which was carried out more than 5 years before date enactment this Act be considered under this subsection, unless orwise provided in this Act. (c) Crediting Non-Federal Share.--The guidelines established under subsection (a) shall provide for crediting cost work carried out by non-federal interests against non-federal share cost an

11 authorized project for flood control as follows: (1) Work which is carried out after end reconnaissance study and before submission to Congress final report Chief Engineers on project and which is determined by Secretary to be compatible with project shall be included as part project and shall be recommended by Secretary in final report for credit against non-federal share cost project. (2) Work which is carried out after submission final report Chief Engineers to Congress and which is determined by Secretary to be compatible with project shall be considered as part project and shall be credited by Secretary against non-federal share cost project in accordance with guidelines promulgated pursuant to subsection (a). In no event may work which was carried out more than 5 years before date enactment this Act be considered under this subsection, unless orwise provided in this Act. (d) Procedure for Work Done Before Date Enactment.--The Secretary shall consider, under subsections (b) and (c), work carried out before date enactment this Act by non-federal interests on a project for flood control, if non-federal interests apply to Secretary for consideration such work not later than March 31, The Secretary shall make determinations under subsections (b) and (c) with respect to such work not later than 6 months after guidelines are issued under subsection (a). (e) Procedure for Work Done After Date Enactment.--The Secretary shall consider work carried out after date enactment this Act by non-federal interests on a project for flood control under subsections (b) and (c) in accordance with guidelines issued under subsection (a). The guidelines shall require prior approval by Secretary any flood control work carried out after date enactment this Act in order to be considered under this section, taking into account economic and

12 environmental feasibility project. (f) Limitation Not Applicable.--Any flood control work included as part non-federal share cost a project under this section shall not be subject to limitation contained in last sentence section 215(a) Flood Control Act (g) Cash Contribution Not Affected.--Nothing in this section affects requirement section 103(a)(1)(A). SEC FEASIBILITY STUDIES; PLANNING, ENGINEERING, AND DESIGN. (a) Feasibility Studies.--(1) The Secretary shall not initiate any feasibility study for a water resources project after date enactment this Act until appropriate non-federal interests agree, by contract, to contribute 50 percent cost for such study during period such study. Not more than one-half such non-federal contribution may be made by provision services, materials, supplies, or or in-kind services necessary to prepare feasibility report. (2) This subsection shall not apply to any water resources study primarily designed for purposes navigational improvements in nature dams, locks, and channels on Nation's system inland waterways. (b) Planning and Engineering.--The Secretary shall not initiate any planning or engineering authorized by this Act for a water resources project until appropriate non-federal interests agree, by contract, to contribute 50 percent cost planning and engineering during period planning and engineering. (c) Design.--Costs design a water resources project shall be shared in same percentage as purposes such project. SEC RATE OF INTEREST. Whenever a non-federal interest is required or elects to repay an amount under this Act over a period time, amount to be repaid shall include interest at a rate determined by Secretary Treasury, taking into

13 consideration average market yields on outstanding marketable obligations United States with remaining periods to maturity comparable to reimbursement period, during month preceding fiscal year in which costs for construction project are first incurred (or in case recalculation fiscal year in which recalculation is made), plus a premium one-eighth one percentage point for transaction costs; except that such rates for hydroelectric power shall be in accordance with existing law. SEC LIMITATION ON APPLICABILITY OF CERTAIN PROVISIONS IN REPORTS. If any provision in any report designated by this Act recommends that a State contribute in cash 5 percent construction costs allocated to non-vendible project purposes and 10 percent construction costs allocated to vendible project purposes, such provision shall not apply to project recommended in such report. SEC GENERAL APPLICABILITY OF COST SHARING. Unless orwise specified, cost sharing provisions this title shall apply to all projects in this Act. The Federal share any cost a project authorized by this Act for which cost a Federal share is not established in this title, shall be share such cost orwise provided by law. SEC DEFINITIONS. For purposes this title, terms shall have meanings given by section 214 this Act. TITLE II--HARBOR DEVELOPMENT SEC DEEP-DRAFT HARBOR PROJECTS. (a) Authorization Construction.--The following projects for harbors are authorized to be prosecuted by Secretary substantially in accordance with plans and subject to conditions recommended in respective reports

14 designated in this subsection, except as orwise provided in this subsection: Mobile Harbor, Alabama The project for navigation, Mobile Harbor, Alabama: Report Chief Engineers, dated November 18, 1981, at a total cost $451,000,000, with an estimated first Federal cost $255,000,000 and an estimated first non-federal cost $196,000,000; except that if non-federal interests construct a bulk material transshipment facility in lower Mobile Bay, Secretary, upon request such non-federal interests, may limit construction such project from Gulf Mexico to such facility and except that, for reasons environmental quality, dredged material from such project shall be disposed in open water in Gulf Mexico in accordance with all provisions Federal law. Notwithstanding any or provision law, no dredged or fill material shall be disposed in Brookley disposal area, referred to in such report Chief Engineers. Mississippi River Ship Channel, Gulf to Baton Rouge, Louisiana The project for navigation, Mississippi River Ship Channel, Gulf to Baton Rouge, Louisiana: Report Chief Engineers, dated April 9, 1983, at a total cost $471,000,000, with an estimated first Federal cost $178,000,000 and an estimated first non-federal cost $293,000,000. Nothing in this paragraph and such report shall be construed to affect requirements Public Law , as amended. Texas City Channel, Texas The project for navigation, Galveston Bay Area, Texas City Channel, Texas: Report Chief Engineers, dated March 11, 1986, at a total cost $200,000,000, with an estimated first Federal cost $130,000,000 and an estimated first non-federal cost $70,000,000. Norfolk Harbor and Channels, Virginia The project for navigation, Norfolk Harbor and Channels, Virginia: Report

15 Chief Engineers, dated November 20, 1981, at a total cost $551,000,000, with an estimated first Federal cost $256,000,000 and an estimated first non-federal cost $295,000,000, including such modifications as Secretary determines to be necessary and appropriate for mitigation any damage to fish and wildlife resources resulting from construction, operation, and maintenance each segment proposed project. The Secretary, in consultation with appropriate Federal, State, and local agencies, shall study effects that construction, operation, and maintenance each segment proposed project will have on fish and wildlife resources and need for mitigation any damage to such resources resulting from such construction, operation, and maintenance. (b) Authorization Construction Subject to Favorable Report.--The following projects are authorized to be prosecuted by Secretary substantially in accordance with plans and subject to conditions recommended in respective reports cited, with such modifications as are recommended by Chief Engineers and approved by Secretary, and with such or modifications as are recommended by Secretary. If no report is cited for a project, project is authorized to be prosecuted by Secretary in accordance with a final report Chief Engineers, and with such modifications as are recommended by Secretary, and no construction on such project may be initiated until such a report is issued and approved by Secretary. Los Angeles and Long Beach Harbors, San Pedro Bay, California The project for deepening entry channel to harbor Los Angeles, California, to a depth 70 feet and for deepening entry channel to harbor Long Beach, California, to a depth 76 feet, including creation 800 acres land with dredged material from project, as Phase I San Pedro Bay development, at a total cost $620,000,000, with an estimated first Federal cost $310,000,000 and an estimated first non-federal cost $310,000,000. New York Harbor and Adjacent Channels, New York and New Jersey The project for deepening Ambrose Channel feature navigation project, New York Harbor and Adjacent Channels, to a depth 55 feet and

16 widening such channel to 770 feet, and for deepening Anchorage channel feature such navigation project to a depth 55 feet and widening such channel to 660 feet, at a total cost $326,000,000, with an estimated first Federal cost $156,000,000 and an estimated first non-federal cost $170,000,000. Disposal beach quality sand from construction, operation, and maintenance such features such project shall take place at ocean front on Staten Island, New York, and Sea Bright and Monmouth Beach, New Jersey, at full Federal expense. No disposal dredged material from construction, operation, and maintenance such features such project shall take place at Bowery Bay, Flushing Bay, Powell's Cove, Little Bay, or Little Neck Bay, Queens, New York. SEC GENERAL CARGO AND SHALLOW HARBOR PROJECTS. (a) Authorization for Construction.--The following projects for harbors are authorized to be prosecuted by Secretary substantially in accordance with plans and subject to conditions recommended in respective reports designated in this subsection, except as orwise provided in this subsection: Kodiak Harbor, Alaska The project for navigation, Kodiak Harbor, Alaska: Report Chief Engineers, dated September 7, 1976, at a total cost $15,000,000, with an estimated first Federal cost $13,400,000 and an estimated first non-federal cost $1,600,000. St. Paul Island, Alaska The project for navigation, St. Paul Island Harbor, Alaska: Report Chief Engineers, dated August 10, 1983, at a total cost $24,800,000, with an estimated first Federal cost $11,800,000 and an estimated first non-federal cost $13,000,000. Oakland Outer Harbor, California The project for navigation, Oakland Outer Harbor, California: Reports Chief Engineers, dated January 7, 1980, and July 1, 1983, at a total cost

17 $45,900,000, with an estimated first Federal cost $30,100,000 and an estimated first non-federal cost $15,800,000. The Secretary, in consultation with appropriate Federal, State, and local agencies, shall study alternative dredged material disposal plans, including but not limited to plans which include marsh formation. The Secretary is authorized to undertake and monitor effects such dredged material disposal measures, including but not limited to such measures as will result in fish and wildlife habitat enhancement, as Secretary determines are necessary and appropriate. The cost any measures required for construction project to protect Bay Area Rapid Transit facilities shall be undertaken by non-federal interests and shall be credited toward 10 percent payment required for such project under section 101(a)(2). Oakland Inner Harbor, California The project for navigation, Oakland Inner Harbor, California, Report Chief Engineers, dated January 21, 1986, at a total cost $28,100,000, with an estimated first Federal cost $17,100,000 and an estimated first non-federal cost $11,000,000. The Secretary, in consultation with appropriate Federal, State, and local agencies, shall study existence, and possible adverse effects project dredging on, any underground freshwater aquifer in project area. Richmond Harbor, California The project for navigation, Richmond Harbor, California: Report Chief Engineers, dated August 8, 1982, at a total cost $43,800,000, with an estimated first Federal cost $26,500,000 and an estimated first non-federal cost $17,300,000. Sacramento Deep Water Ship Channel, California The project for navigation, Sacramento Deep Water Ship Channel, California:

18 Report Chief Engineers, dated November 20, 1981, at a total cost $125,000,000, with an estimated first Federal cost $76,000,000 and an estimated first non-federal cost $49,000,000. New Haven Harbor, Connecticut The project for navigation, New Haven Harbor, Connecticut: Report Chief Engineers, dated July 26, 1982, with such modifications as Secretary determines to be necessary and appropriate to mitigate adverse effects construction, operation, and maintenance proposed project on oyster beds and production oysters in New Haven Harbor, at a total cost $26,500,000, with an estimated first Federal cost $19,000,000 and an estimated first non-federal cost $7,500,000. The Secretary, in consultation with appropriate Federal, State, and local agencies, shall study effects that construction, operation, and maintenance proposed project will have on oyster beds and production oysters in New Haven Harbor. Not later than one year after date enactment this Act, Secretary shall transmit to Committee on Public Works and Transportation House Representatives and Committee on Environment and Public Works Senate a report on results such study. Palm Beach Harbor, Florida The project for navigation, Palm Beach Harbor, Florida: Report Chief Engineers, dated December 10, 1985, to assume maintenance, at an annual cost $86,000. Manatee Harbor, Florida The project for navigation, Manatee Harbor, Florida: Report Chief Engineers, dated May 12, 1980, at a total cost $16,400,000, with an estimated first Federal cost $9,500,000 and an estimated first non-federal cost $6,900,000, including such modifications as Secretary determines to be necessary and appropriate to mitigate adverse effects construction, operation, and maintenance project on benthic environment area to be dredged. The Secretary, in consultation with

19 appropriate Federal, State, and local agencies, shall study effects that construction, operation, and maintenance proposed project will have on benthic environment area to be dredged. Not later than one year after date enactment this Act, Secretary shall transmit to Committee on Public Works and Transportation House Representatives and Committee on Environment and Public Works Senate a report on results such study. The Secretary shall monitor effects construction, operation, and maintenance project on benthic environment dredged area. Tampa Harbor, East Bay Channel, Florida The project for navigation, Tampa Harbor, East Bay Channel, Florida: Report Chief Engineers, dated January 25, 1979, at an average annual cost $471,000. The Secretary shall monitor effects construction, operation, and maintenance project on water quality and environment. Savannah Harbor, Georgia The project for navigation, Savannah Harbor Widening, Georgia: Report Chief Engineers, dated December 19, 1978, at a total cost $14,700,000, with an estimated first Federal cost $7,100,000 and an estimated first non-federal cost $7,600,000. Hilo Harbor, Hawaii The project for navigation, Hilo Harbor, Hawaii: Report Chief Engineers, dated December 4, 1984, at a total cost $4,880,000, with an estimated first Federal cost $3,380,000 and an estimated first non-federal cost $1,500,000. Grand Haven Harbor, Michigan The project for navigation, modifications to Grand Haven Harbor, Michigan: Report Chief Engineers, dated October 9, 1979, at a total cost $17,600,000, with an estimated first Federal cost $10,300,000 and an

20 estimated first non-federal cost $7,300,000. Monroe Harbor, Michigan The project for navigation, Monroe Harbor, Michigan: Report Chief Engineers, dated November 25, 1981, at a total cost $142,000,000, with an estimated first Federal cost $55,500,000 and an estimated first non-federal cost $86,500,000, including, for reasons environmental quality, formation a 700 acre marsh in Plum Creek Bay, as described in report District Engineer, Detroit District, dated February 1980, as revised December 15, Duluth-Superior, Minnesota and Wisconsin (1) The project for navigation, Duluth-Superior, Minnesota and Wisconsin: Report Chief Engineers, dated August 16, 1984, at a total cost $12,500,000, with an estimated first Federal cost $6,710,000 and an estimated first non-federal cost $5,790,000, including such modifications as Secretary determines to be necessary and appropriate to mitigate losses fish and wildlife habitat and productivity. The Secretary shall study, in consultation with appropriate Federal, State, and local agencies, need for measures to mitigate losses fish and wildlife habitat and productivity. Not later than one year after date enactment this Act, Secretary shall transmit to Committee on Public Works and Transportation House Representatives and Committee on Environment and Public Works Senate a report on results such study. (2) The Secretary shall also study, in consultation with appropriate Federal, State, and local agencies and taking into consideration existing plans, studies, and reports, wher it would be more cost-effective and environmentally sound to control future sedimentation than to conduct periodic maintenance dredging such project. Not later than one year after date enactment this Act, Secretary shall transmit to Committee on Public Works and Transportation House Representatives and

21 Committee on Environment and Public Works Senate a report on results such study, along with recommendations for implementing measures to control sedimentation if such measures prove to be more cost-effective and environmentally sound. Pascagoula Harbor, Mississippi The project for navigation, Pascagoula Harbor, Mississippi: Report Chief Engineers, dated February 14, 1986, at a total cost $59,100,000, with an estimated first Federal cost $35,500,000 and an estimated first non-federal cost $23,600,000. Gulfport Harbor, Mississippi The project for navigation, Gulfport Harbor, Mississippi: Report Chief Engineers, House Document Numbered 96-18, at a total cost $81,700,000, with an estimated first Federal cost $61,100,000 and an estimated first non-federal cost $20,600,000; except that, for reasons environmental quality, dredged material from such project shall be disposed in open water in Gulf Mexico in accordance with all provisions Federal law. For purpose economic evaluation this project benefits from such open water disposal shall be deemed to be at least equal to costs such disposal. Portsmouth Harbor and Piscataqua River, New Hampshire The project for navigation, Portsmouth Harbor and Piscataqua River, New Hampshire: Report Chief Engineers, dated February 25, 1985, at a total cost $22,200,000, with an estimated first Federal cost $16,700,000 and an estimated first non-federal cost $5,500,000, including such modifications as Secretary determines to be necessary and appropriate to assure that adequate disposal sites are available for construction, operation, and maintenance such project. The Secretary, in consultation with Federal, State, and local agencies, shall study adequacy potential disposal sites necessary for construction, operation, and maintenance project.

22 Not later than one year after date enactment this Act, Secretary shall transmit to Committee on Public Works and Transportation House Representatives and Committee on Environment and Public Works Senate a report on results such study. Gowanus Creek Channel, New York The project for navigation, Gowanus Creek Channel, New York: Report Chief Engineers, dated September 14, 1982, at a total cost $3,310,000, with an estimated first Federal cost $1,540,000 and an estimated first non-federal cost $1,770,000. Notwithstanding section 101 this Act, non-federal share cost such project shall be determined in accordance with report Chief Engineers. Kill Van Kull, New York and New Jersey The project for navigation, Kill Van Kull and Newark Bay Channels, New York and New Jersey: Report Chief Engineers, dated December 14, 1981, at a total cost $325,000,000, with an estimated first Federal cost $167,000,000 and an estimated first non-federal cost $158,000,000. Wilmington Harbor-Norast Cape Fear River, North Carolina The project for navigation, Wilmington Harbor-Norast Cape Fear River, North Carolina: Report Chief Engineers, dated September 16, 1980, at a total cost $10,000,000, with an estimated first Federal cost $8,300,000 and an estimated first non-federal cost $1,700,000. Cleveland Harbor, Ohio The project for harbor modification, Cleveland Harbor, Ohio, including bulkheading and or necessary repairs at pier 34 and approach channels and necessary protective structures for mooring basins for transient vessels in area south pier 34. The existing dredged material containment site known as site 14 may be used for containment excavated material from construction project, at a total cost not to exceed $36,000,000, with an estimated first Federal cost $27,000,000 and an estimated first non-federal cost $9,000,000.

23 Lorain Harbor, Ohio The project for navigation, Lorain Harbor, Ohio: Report Chief Engineers, dated February 5, 1985, at a total cost $5,690,000, with an estimated first Federal cost $3,740,000 and an estimated first non-federal cost $1,950,000. Charleston Harbor, South Carolina The project for navigation, Charleston Harbor, South Carolina: Report Chief Engineers, dated August 27, 1981, including construction an extension harbor navigation channel in Wando River to State port authority's Wando River terminal, Report Chief Engineers, at a total cost $88,500,000, with an estimated first Federal cost $58,200,000 and an estimated first non-federal cost $30,300,000. Brazos Island Harbor, Texas--Brownsville Channel The project for navigation, Brazos Island Harbor, Texas--Brownsville Channel: Report Chief Engineers, dated December 20, 1979, at a total cost $31,900,000, with an estimated first Federal cost $22,700,000 and an estimated first non-federal cost $9,200,000. The Secretary shall study, in consultation with appropriate Federal, State, and local agencies, need for additional measures to mitigate losses estuarine habitat and productivity associated with project. The Secretary is authorized to undertake measures which Secretary determines to be necessary and appropriate to mitigate such losses. Blair and Sitcum Waterways, Tacoma Harbor, Washington The project for navigation, Blair and Sitcum Waterways, Tacoma Harbor, Washington: Report Chief Engineers, dated February 8, 1977, House Document Numbered 96-26, at a total cost $38,200,000, with an estimated first Federal cost $26,200,000 and an estimated first non-federal cost $12,000,000; except that a permanent bypass road for Blair Waterway may be constructed in lieu construction East 11th Street bridge replacement

24 recommended in such report if (1) Secretary determines that construction bypass road is economically and environmentally feasible, (2) construction bypass road is approved by Governor State Washington, and (3) bypass road is approved through adoption resolutions by both Tacoma City Council and Tacoma Port Commission. If bypass road is constructed in lieu bridge replacement project, Federal share cost construction bypass road shall not exceed an amount equal to amount which would have been Federal share cost bridge replacement project if bridge replacement project had been carried out in accordance with such report. Grays Harbor, Washington The project for navigation, Grays Harbor, Washington: Report Chief Engineers, dated May 4, 1985, at a total cost $95,700,000, with an estimated first Federal cost $63,100,000 and an estimated first non-federal cost $32,600,000. East, West, and Duwamish Waterways, Washington The project for navigation, East, West, and Duwamish Waterways, Navigation Improvement Study, Seattle Harbor, Washington: Report Chief Engineers, dated May 31, 1985, at a total cost $60,200,000, with an estimated first Federal cost $30,300,000 and an estimated first non-federal cost $29,900,000. Saipan Harbor, Commonwealth Norrn Mariana Islands The project for navigation and harbor modification, Saipan Harbor, Commonwealth Norrn Mariana Islands: Report Secretary Interior, pursuant to Public Law , prepared by Army Corps Engineers dated July 22, 1981, at a total cost $14,000,000. San Juan Harbor, Puerto Rico The project for navigation, San Juan Harbor, Puerto Rico: Report

25 Chief Engineers, dated December 23, 1982, at a total cost $72,300,000, with an estimated first Federal cost $52,700,000 and an estimated first non-federal cost $19,600,000, including acquisition 22 acres land for mitigation loss algal beds associated with project, as recommended in report District Engineer, Jacksonville, Florida, entitled "Phase I: General Design Memorandum on San Juan Harbor, Puerto Rico". Crown Bay Channel--St. Thomas Harbor, Virgin Islands The project for navigation, Crown Bay Channel--St. Thomas Harbor, Virgin Islands: Report Chief Engineers, dated April 9, 1982, at a total cost $8,290,000, with an estimated first Federal cost $2,920,000 and an estimated first non-federal cost $5,370,000. The Secretary shall monitor turbidity associated with construction, operation, and maintenance project and establish a program to maintain, to extent feasible, such turbidity at a level which will not damage adjacent ecosystems. In selecting a configuration for disposal area for dredged material from project, Secretary shall consider configurations which will minimize, to extent feasible, loss shallow water habitat. (b) Authorization Construction Subject to Favorable Report.--The following projects are authorized to be prosecuted by Secretary substantially in accordance with plans and subject to conditions recommended in respective reports cited, with such modifications as are recommended by Chief Engineers and approved by Secretary, and with such or modifications as are recommended by Secretary. If no report is cited for a project, project is authorized to be prosecuted by Secretary in accordance with a final report Chief Engineers, and with such modifications as are recommended by Secretary, and no construction on such project may be initiated until such a report is issued and approved by Secretary. Fresh Kills in Carteret, New Jersey The project for navigation, Fresh Kills in Carteret, New Jersey, which project consists extending Arthur Kill Channel at a depth 40 feet to

26 Fresh Kills in Carteret, New Jersey, and easing such bends as Secretary determines are necessary to enhance navigation, at a total cost $26,000,000, with an estimated first Federal cost $19,500,000 and an estimated first non-federal cost $6,500,000. Arthur Kill, New York and New Jersey The project for navigation, Arthur Kill, New York and New Jersey, Report Board Engineers for Rivers and Harbors, dated March 31, 1986, at a total cost $42,600,000, with an estimated first Federal cost $27,500,000 and an estimated first non-federal cost $15,100,000. At such time as construction may be initiated in accordance with terms this subsection, project shall be included in and joined with Kill van Kull and Newark Bay Channel, New York and New Jersey project under subsection (a) this section. New York Harbor and Adjacent Channels, New York and New Jersey The project for (1) an access channel 45 feet deep below mean low water and generally 450 feet wide with suitable bends and turning areas to extend from deep water in Anchorage Channel, New York Harbor, westward approximately 12,000 feet along sourn boundary Port Jersey peninsula to head navigation in Jersey City, New Jersey, at a total cost $29,700,000, with an estimated first Federal cost $21,000,000 and an estimated first non-federal cost $8,700,000; and (2) for a channel 42 feet deep below mean low water and generally 300 feet wide with suitable bends and turning areas to extend from deep water in Anchorage Channel westward approximately 11,000 feet to head navigation in Claremont Terminal Channel, at a total cost $16,000,000, with an estimated first Federal cost $11,300,000 and an estimated first non-federal cost $4,700,000. No disposal dredged material from construction, operation, and maintenance such project shall

27 take place at Bowery Bay, Flushing Bay, Powell's Cove, Little Bay, or Little Neck Bay, Queens, New York. (c) Pre-Construction Authorization.--The Secretary is authorized to carry out planning, engineering, and design for following project for a harbor: Lake Charles, Louisiana The project for deepening project for navigation, Lake Charles, Louisiana, to a depth 45 feet, at a total cost $1,070,000. SEC STUDIES OF PROJECTS BY NON-FEDERAL INTERESTS. (a) Submission to Secretary.--A non-federal interest may on its own undertake a feasibility study a proposed harbor or inland harbor project and submit it to Secretary. To assist non-federal interests, Secretary shall, as soon as practicable, promulgate guidelines for studies harbors or inland harbors to provide sufficient information for formulation studies. (b) Review by Secretary.--The Secretary shall review each study submitted under subsection (a) for purpose determining wher or not such study and process under which such study was developed comply with Federal laws and regulations applicable to feasibility studies navigation projects for harbors or inland harbors. (c) Submission to Congress.--Not later than 180 days after receiving any study submitted under subsection (a), Secretary shall transmit to Congress, in writing, results such review and any recommendations Secretary may have concerning project described in such plan and design. (d) Credit and Reimbursement.--If a project for which a study has been submitted under subsection (a) is authorized by any provision Federal law enacted after date such submission, Secretary shall credit toward non-federal share cost construction such project an amount equal to portion cost developing such study that would be responsibility United States if such study were developed by Secretary. SEC CONSTRUCTION OF PROJECTS BY NON-FEDERAL INTERESTS.

28 (a) Authority.--In addition to projects undertaken pursuant to sections 201 and 202 this title, any non-federal interest is authorized to undertake navigational improvements in harbors or inland harbors United States, subject to obtaining any permits required pursuant to Federal and State laws in advance actual construction such improvements. (b) Studies and Engineering.--When requested by an appropriate non-federal interest Secretary is authorized to undertake all necessary studies and engineering for any construction to be undertaken under terms subsection (a) this section, and provide technical assistance in obtaining all necessary permits, if non-federal interest contracts with Secretary to furnish United States funds for such studies and engineering during period that y are conducted. (c) Completion Studies.--The Secretary is authorized to complete and transmit to appropriate non-federal interest any study for improvements to harbors or inland harbors United States which were initiated prior to date enactment this Act, or, upon request such non-federal interest, to terminate such study and transmit such partially completed study to non-federal interest. Studies under this subsection shall be completed without regard to requirements subsection (b) this section. (d) Authority to Carry Out Improvement.--Any non-federal interest which has requested and received from Secretary pursuant to subsection (b) or (c) this section, completed study and engineering for an improvement to a harbor or an inland harbor, or separable element re, for purpose constructing such improvement and for which improvement a final environmental impact statement has been filed, shall be authorized to carry out terms plan for such improvement. Any plan improvement proposed to be implemented in accordance with this subsection shall be deemed to satisfy