< Back to H.R. 13273 (87th Congress, 1961–1962)

Text of the An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, ...

...navigation, flood control, and for other purposes

This bill was enacted on October 23, 1962. The text of the bill below is as of Oct 23, 1962 (Passed Congress/Enrolled Bill).

76 STAT.]         PUBLIC LAW 87-874-OCT. 23, 1962                                                1173
Public Law 87-874
                                   AN ACT                                        October 23, 1962
Authorizing the construction, repair, and preservation of certain public works    [H. R. 13273]
 on rivers and harbors for navigation, flood control, and for other purposes.

 Be it enacted hy the Senate and House of Representatives              of the
United States of America in Congress assembled,

               T I T L E I—RIVERS AND HARBORS                                     River and Harbor
                                                                                 Act of 1962.
   SEC. 101. That the following works of improvement of rivers and
harbors and other waterways for navigation, flood control, and other
purposes are hereby adopted and authorized to be prosecuted under
the direction of the Secretary of the Army and supervision of the
Chief of Engineers, in accordance wdth the plans and subject to the
conditions recommended by the Chief of Engineers in the respective
reports hereinafter designated: Provided, That the provisions of sec-
tion 1 of the River and Harbor Act approved March 2, 1945 (Public
Law Numbered 14, Seventy-ninth Congress, first session), shall govern             59 Stat. 10.
with respect to projects authorized in this title; and the procedures
therein set forth with respect to plans, proposals, or reports for works
of improvement for navigation or flood control and for irrigation and
purposes incidental thereto, shall apply as if herein set forth in full:

                                NAVIGATION

   Narraguagus River, Maine: House Document Numbered 530, Maine.
Eighty-seventh Congress, at an estimated cost of $500,000;
   Carvers Harbor, Vinalhaven, Maine: Senate Document Numbered
118, Eighty-seventh Congress, at an estimated cost of $205,000;
   Searsport Harbor, Maine: House Document Numbered 500, Eighty-
seventh Congress, at an estimated cost of $700,000;
   Portland Harbor, Maine: House Document Numbered 216, Eighty-
seventh Congress, at an estimated cost of $8,340,000;
   Kennebunk River, Maine: House Document Numbered 459, Eighty-
seventh Congress, at an estimated cost of $270,000;
   Portsmouth Harbor and Piscataqua River, Maine and New Hamp- New Hampshire.
shire: House Document Numbered 482, Eighty-seventh Congress,
at an estimated cost of $7,500,000;
   Gloucester Harbor, Massachusetts: House Document Numbered 341, Massachusetts.
Eighty-seventh Congress, at an estimated cost of $1,100,000;
   Marblehead Harbor, Massachusetts: House Document Numbered
516, Eighty-seventh Congress, at an estimated cost of $1,752,000;
   Chelsea Harbor, Massachusetts: House Document Numbered 350,
Eighty-seventh Congress, at an estimated cost of $2,843,000;
   Dorchester Bay and Neponset River, Massachusetts: Senate Docu-
ment Numbered 126, Eighty-seventh Congress, at an estimated cost
of $7,050,000;
   Plymouth Harbor, Massachusetts: Senate Document Numbered
124, Eighty-seventh Congress, at an estimated cost of $1,200,000;
   Pawtuxet Cove, Rhode Island: House Document Numbered 236, Rhode island.
Eighty-seventh Congress, at an estimated cost of $210,000;
   Great Lakes to Hudson River Waterway, New York: River and New York.
Harbor Committee Document Numbered 20, Seventy-third Congress,
for the further partial accomplishment of the approved plan there
is hereby authorized to be appropriated, in addition to sums previously
authorized, $1,000,000;
   Little Neck Bay, New York: House Document Numbered 510,
Eighty-seventh Congress, at an estimated cost of $2,185,000;

1174 PUBLIC LAW 87-874-OCT. 23, 1962 [76 STAT. Flushing Bay and Creek, New York: House Document Numbered 551, Eighty-seventh Congress, at an estimated cost of $1,695,000; Buttermilk Channel, New York: House Document Numbered 483, Eighty-seventh Congress, at an estimated cost of $2,226,000; New Jersey. Newark Bay, Hackensack and Passaic Rivers, New Jersey (chan- nels to Port Elizabeth) : Modification of the existing navigation project authorized by the River and Harbor Act of 1954 (Public Law 68 Stat. 1248. 780, Eighty-third Congress), House Document Numbered 252, is hereby authorized substantially in accordance with the plans being prepared by the Chief of Engineers, subject to the approval of such plans by the Secretary of the Army and the President; Raritan River, New Jersey: House Document Numbered 455, Eighty-sixth Congress, maintenance; Virginia. Lynnhaven Inlet, Bay, and connecting waters, Virginia: House Document Numbered 580, Eighty-seventh Congress, at an estimated cost of $1,068,000: Provided^ That nothing in this Act shall be con- strued as authorizing reimbursement to local interests for the Long Creek-Broad Bay Canal Bridge; James River, Virginia: House Document Numbered 586, Eighty- seventh Congress, at an estimated cost of $39,000,000: Provided^ That this authorization shall expire after a period of five years from the date of approval of this Act unless the Governor of Virginia has endorsed the project within that time: And provided further^ That Report to Con- prior to construction, there will be submitted to the Congress a feasi- gress. bility report which takes account of possible adverse effects of the project on seed oyster production; North Carolina. Rollinson Channel and channel from Hatteras Inlet to Hatteras, North Carolina: House Document Numbered 457, Eighty-seventh Congress, at an estimated cost of $652,000; Wilmington Harbor, North Carolina: Senate Document Numbered 114, Eighty-seventh Congress, at an estimated cost of $6,370,000; Georgia. Savannah Harbor, Georgia: Senate Document Numbered 115, Eighty-seventh Congress, at an estimated cost of $605,000; Florida. Canaveral Harbor, Florida: Senate Document Numbered 140, Eighty-seventh Congress, at the estimated cost of $5,076,000; Key West Harbor, Florida: Senate Document Numbered 106, Eighty-seventh Congress, at an estimated cost of $820,000; Tampa Harbor, Port Sutton and Ybor Channels, Florida: House Document Numbered 529, Eighty-seventh Congress, at an estimated cost of $997,000; Pensacola Harbor, Florida: House Document Numbered 528, Eighty-seventh Congress, at an estimated cost of $424,000; Alabama. Walter F . George lock and dam, Alabama: Senate Document Num- bered 109, Eighty-seventh Congress, at an estimated cost of $500,000; Holt lock and dam, Alabama: The Secretary of the Army is hereby authorized and directed to cause an immediate study to be made under the direction of the Chief of Engineers with a view to providing Report to Con- hydroelectric power generating facilities in said dam, and his report gress. on such study shall be submitted to the Congress by the Secretary of the Army within the first period of sixty calendar days of continuous session of the Eighty-eighth Congress; Mississippi. Pascagoula Harbor, Mississippi: House Document Numbered 560, Eighty-seventh Congress, at an estimated cost of $4,870,000; Louisiana. Mississippi River, Baton Rouge to Gulf of Mexico, Louisiana: Senate Document Numbered 36, Eighty-seventh Congress, at an esti- mated cost of $357,000; The project, Mississippi River, Baton Rouge to the Gulf of Mexico, barge channel through Devils Swamp, Louisiana (Baton Rouge 60 Stat. 635. Harbor), authorized by the River and Harbor Act of 1946, in accord-
76 STAT.] PUBLIC LAW 87-874-OCT. 23, 1962 1175 ance with the recommendations of the Chief of Engineers in House Document Numbered 321, Eightieth Congress, as amended by the Flood Control Act of 1948, is hereby further amended to provide for 62 stat. 1179. the provision as required, of suitable dikes and other retaining structures at a Federal cost of $299,500, for the construction and future maintenance of the project, in order to provide additional industrial sites with water frontage which are now needed to permit the normal development and expansion of the industrial and commer- cial activities of the locality: Provided^ That local interests contribute the sum of $100,500 toward the cost of the work; Bayous Terrebonne, Petit Caillou, Grand Caillou, Ehi Large, and connecting channels, Louisiana, and Atchafalaya River, Morgan City to Gulf of Mexico: House Document Numbered 583, Eighty-seventh Congress, at an estimated cost of $45,000; Gulf Intracoastal Waterway, Louisiana and Texas: House Docu- Louisiana and ment Numbered 556, Eighty-seventh Congress, at an estimated cost of Texas. $25,540,000: Provided^ That the authority to make such modifications as in the discretion of the Chief of Engineers may be advisable, as set forth in House Document Numbered 556, Eighty-seventh Congress, shall be interpreted to apply to, but not limited to, the improvement of the existing channels at proposed channel relocation sites in lieu of such relocations; Calcasieu River salt water barrier, Louisiana: House Document Numbered 582, Eighty-seventh Congress, at an estimated cost of ' ' $3,310,000: Provided^ That the Corps of Engineers is directed to study the question of cost sharing taking into account that measures for miti- gation of damages from navigation improvements will be a Federal responsibility and enhancement effects will be shared on the basis of a 50 per centum Federal and 50 per centum non-Federal; such cost sharing is hereby authorized as determined to be feasible and justified by the Chief of Engineers and Secretary of the Army within the first period of sixty calendar days of continuous session of the Congress Report to con- after the date on which the report is submitted to it unless such report K'^^^- is disapproved by the Congress; Mississippi River at Clarksville, Missouri: House Document Num- Missom-i. bered 552, Eighty-seventh Congress, at an estimated cost of $103,300; Sandy Slough, Lincoln County, Missouri: House Document Num- bered 419, Eighty-seventh Congress, at an estimated cost of $195,000; Sabine-Neches Waterway, Texas: House Document Numbered 553, Texas. Eighty-seventh Congress, at an estimated cost of $20,830,000; Trinity River, Wallisville Reservoir, Texas: House Document Num- bered 215, Eighty-seventh Congress, at an estimated cost of $9,162,000: Provided^ That nothing in this Act shall be construed as authorizing the acquisition of additional lands for establishment of a national wildlife refuge at the reservoir; Gulf Intracoastal Waterway, channel to Palacios, Texas: House < Document Numbered 504, Eighty-seventh Congress, at an estimated cost of $818,000; Gulf Intracoastal Waterway, channel to Victoria, Texas: House Document Numbered 288, Eighty-seventh Congress, at an estimated cost of $1,590,000; Illinois Waterway, Illinois and Indiana: House Document Num- uiinois and bered 31, Eighty-sixth Congress, is approved and there is hereby Louisiana. authorized the sum of $40,000,000 for initiation and partial accom- plishment of the project; Kaskaskia River, Illinois: Senate Document Numbered 44, Eighty- seventh Congress, at an estimated cost of $58,200,000; Mississippi River between Missouri River and Minneapolis, Minne- Minnesota. sota: House Document Numbered 513, Eighty-seventh Congress, at an estimated cost of $1,205,000;
1176 PUBLIC LAW 87-874-OCT. 23, 1962 [76 STAT. Michigan. Ontonagon Harbor, Michigan: House Document Numbered 287, Eighty-seventh Congress, at an estimated cost of $4,741,000; Muskegon Harbor, Michigan: House Document Numbered 474, Eighty-seventh Congress, at an estimated cost of $609,000; Leland Harbor, Michigan: House Document Numbered 413, Eighty-seventh Congress, at an estimated cost of $485,000; Little Bay De Noc, Gladstone Harbor and Kipling, Michigan: House Document Numbered 480, Eightv-seventh Congress, at an estimated cost of $350,000; Wisconsin. Green Bay Harbor, Wisconsin: House Document Numbered 470, Eighty-seventh Congress, at an estimated cost of $4,270,000; Kenosha Harbor, Wisconsin: House Document Numbered 496, Eighty-seventh Congress, at an estimated cost of $673,000; Manitowoc Harbor, Wisconsin: House Document Numbered 479, Eighty-seventh Congress, at an estimated cost of $719,000; Milwaukee Harbor, Wisconsin: House Document Numbered 134, Eighty-seventh Congress, at an estimated cost of $4,029,000; Illinois. Chicago Harbor, Illinois: House Document Numbered 485, Eighty- seventh Congress, at an estimated cost of $1,505,000; Indiana. Calumet Harbor and River^ Illinois and Indiana: House Document Numbered 581, Eighty-seventh Congress, at an estimated cost of $11,464,000; Michigan. New Buffalo Harbor, Michigan: House Document Numbered 481, Eighty-seventh Congress, at an estimated cost of $667,000; Caseville Harbor, Michigan: House Document Numbered 64, Eighty-seventh Congress, at an estimated cost of $327,000; Saginaw River, Michigan: House Document Numbered 544, Eighty-seventh Congress, at an estimated cost of $4,780,000; Rouge River, Michigan: House Document Numbered 509, Eighty- seventh Congress, at an estimated cost of $257,000; Ohio. Huron Harbor, Ohio: House Document Numbered 165, Eighty- seventh Congress, at an estimated cost of $8,557,000; Cleveland Harbor, Ohio: House Document Numbered 527, Eighty- seventh Congress, at an estimated cost of $888,000; Conneaut Harbor, Ohio: House Document Numbered 415, Eighty- seventh Congress, at an estimated cost of $6,179,000; Pennsylvania. Erie Harbor, Pennsylvania: House Document Numbered 340, Eighty-seventh Congress, at an estimated cost of $671,000; New York. Buffalo Harbor, New York: House Document Numbered 451, Eighty-seventh Congress, at an estimated cost of $2,797,000; Great Sodus Bay Harbor, New York: House Document Numbered 138, Eighty-seventh Congress, at an estimated cost of $765,000; Oswego Harbor, New York: House Document Numbered 471, Eighty-seventh Congress, at an estimated cost of $1,180,000; California. Dana Point Harbor, California: House Document Numbered 532, Eighty-seventh Congress, at an estimated cost of $3,730,000; Santa Barbara Harbor, California: House Document Numbered 518, Eighty-seventh Congress, at an estimated cost of $3,000,000; Oakland Harbor, California, Fruitvale Avenue Bridge: Senate Document Numbered 75, Eighty-seventh Congress, at an estimated cost of $1,750,000; Oakland Harbor, California: House Document Numbered 353, Eighty-seventh Congress, at an estimated cost of $6,775,000; Noyo River and Harbor, California: Senate Document Numbered 121, Eighty-seventh Congress, at an estimated cost of $13,231,000; Oregon and Columbia and Lower Willamette Rivers, Oregon and Washington: Washington. House Document Numbered 203, Eighty-seventh Congress, at an estimated cost of $493,000;
76 STAT.] PUBLIC LAW 87-874-OCT. 23, 1962 1177 Columbia and Lower Willamette Rivers below Vancouver, Wash- Washington and Oregon. ington, and Portland, Oregon: House Document Numbered 452, Eighty-seventh Congress, at an estimated cost of $20,100,000; Tacoma Harbor, Port Industrial and Hj^lebos Waterways, Wash- ington : Senate Document Numbered 104, Eighty-seventh Congress, at an estimated cost of $2,460,000; Kingston Harbor, Washington: House Document Numbered 417, Eighty-seventh Congress, at an estimated cost of $428,000; Swinomish Channel, Washington: House Document Numbered 499, Eighty-seventh Congress, at an estimated cost of $887,000; Kaunakakai Harbor, Molokai, Hawaii: House Document Numbered 484, Eighty-seventh Congress, at an estimated cost of $7,919,000; The project for Hilo Harbor, Hawaii, authorized by Public Law 645, Eighty-sixth Congress, is hereby modified to provide for adjust- 74 Stat. 483. ment 01 the cash contribution required of local interest in accordance with recommendations by the Secretary of the Army and approved by the President, such adjustment to be made at the earliest practicable date. BEACH EROSION State of New Hampshire: House Document Numbered 416, Eighty- New Hampshire. seventh Congress, at an estimated cost of $88,000; Fire Island Inlet and shore westerly to Jones Inlet, Long Island, New York. New York: Modification of the existing beach erosion control project authorized by the River and Harbor Act of 1958 (Public Law 500, Eighty-fifth Congress), House Document Numbered 411, Eighty- 72stat.299. fifth Congress, is hereby authorized substantially in accordance with the plans, which will include a sand bypassing system at Fire Island Inlet, being prepared by the Chief of Engineers, subject to the approval of such plans by the Secretary of the Army and the Presi- dent; Clark Point, New Bedford, Massachusetts: House Document Num- Massachusetts. bered 584, Eighty-seventh Congress, at an estimated cost of $60,000; Virginia Beach, Virginia: House Document Numbered 382, Eighty- Virginia. seventh Congress, periodic nourishment; Fort Macon, Atlantic Beach and vicinity. North Carolina: House North Carolina. Document Numbered 555, Eighty-seventh Congress, at an estimated cost of $194,000; Palm Beach County from Martin County line to Lake Worth Inlet and from South Lake Worth Inlet to Broward County line, Florida: House Document Numbered 164, Eighty-seventh Congress, at an esti- mated cost of $128,800; Virginia Key and Key Biscayne, Florida: House Document Num- bered 561, Eighty-seventh Congress, at an estimated cost of $220,000; San J u a n and vicinity, Puerto Rico: House Document Numbered Puerto Rico. 575, Eighty-seventh Congress, at an estimated cost of $65,400; Lake Erie shoreline from the Michigan-Ohio State line to Marble- Michigan-Ohio. head, Ohio: House Document Numbered 63, Eighty-seventh Congress, at an estimated cost of $658,500; Sheffield Lake community park, Sheffield Lake Village, Ohio: House Document Numbered 414, Eighty-seventh Congress, at an esti- mated cost of $100,300; Ventura-Pierpont area, California: House Document Numbered California. 458, Eighty-seventh Congress, at an estimated cost of $515,000. Orange County, California, House Document Numbered 602, Eighty-seventh Congress, at an estimated cost of $2,845,000. SEC. 102. That the Secretary of the Army is hereby authorized to Reimbursement reiniburse local interests for such work done by them on the beach of local interests. erosion projects authorized in section 101, and in other sections of this Act, subsequent to the initiation of the cooperative studies which form
1178 PUBLIC LAW 87-874-OCT. 23, 1962 [76 STAT. the basis for the projects: Provided^ That the work which may have been done on these projects is approved by the Chief of Engineers as being in accordance with the projects herein adopted: Provided further^ That such reimbursement shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority for improve- ments. Protection of SEC. 103. (a) The Act approved August 13,1946, as amended by the shores. Act approved July 28, 1956 (33 U.S.C. 426e-h), pertaining to shore 70 Stat. 702. protection, is hereby further amended as follows: (1) the word "one-third" in section 1(b) is deleted and the word "one-half" is substituted therefor; (2) the following is added after the word "located" in section 1(b) : ", except that the costs allocated to the restoration and pro- tection of Federal property shall be borne fully by the Federal Government, and, further, that Federal participation in the cost of a project for restoration and protection of State, county, and other publicly owned shore parks and conservation areas may be, in the discretion of the Chief of Engineers, not more than 70 per centum of the total cost exclusive of land costs, when such areas: Include a zone which excludes permanent human habitation; include but are not limited to recreational beaches; satisfy ade- quate criteria for conservation and development of the natural resources of the environment; extend landward a sufficient dis- tance to include, where appropriate, protective dunes, bluffs, or other natural features which serve to protect the uplands from damage; and provide essentially full park facilities for appropria- ate public use, all of which shall meet with the approval of the Chief of Engineers"; (3) the following is added after the word "supplemented" in section 1(e) : ", or, in the case of a small project under section 3 of this Act, unless the plan therefor has been approved by the Chief of Engineers"; and (4) sections 2 and 3 are amended to read as follows: Reimbvirsement. "SEC. 2. The Secretary of the Army is hereby authorized to reim- burse local interests for work done by them, after initiation of the survey studies which form the basis for the project, on authorized proj- ects which individually do not exceed $1,000,000 in total cost: Pro- vided^ That the work which may have been done on the projects is approved by the Chief of Engineers as being in accordance with the authorized projects: Provided further^ That such reimbursement shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority for improvements. Small construc- "SEC. 3. The Secretary of the Army is hereby authorized to under- tion projects, au- take construction of small shore and beach restoration and protection thorization. projects not specifically authorized by Congress, which otherwise comply with section 1 of this Act, when he finds that such work is advisable, and he is further authorized to allot from any appropria- tions hereafter made for civil works, not to exceed $3,000,000 for any one fiscal year for the Federal share of the costs of construction of such projects: Provided^ That not more than $400,000 shall be allotted for this purpose for any single project and the total amount allotted shall be sufficient to complete the Federal participation in the project under this section including periodic nourishment as provided for under section 1(c) of this Act: Provided further, Thsit the provisions of local cooperation specified in section 1 of this Act shall apply: And provided further^ That the work shall be complete in itself and shall not commit the United States to any additional iniprovement to
76 STAT.] PUBLIC LAW 87-874-OCT. 23, 1962 1179 insure its successful operation, except for participation in periodic beach nourishment in accordance with section 1(c) of this Act, and as may result from the normal procedure applying to projects author- ized after submission of survey reports." (b) All provisions of existing law relating to surveys of rivers and harbors shall apply to surveys relating to shore protection and section 2 of the River and Harbor Act approved July 3, 1930, as amended (33 U.S.C. 426), is modified to the extent inconsistent herewith. 46 Stat. 945. (c) The cost-sharing provisions of this Act shall apply in deter- Project costs. mining the amounts of Federal participation in or payments toward the costs of authorized projects which have not been substantially completed prior to the date of approval of this Act, and the Chief of Engmeers, through the Beach Erosion Board, is authorized and directed to recompute the amounts of Federal contribution toward the costs of such projects accordingly. SEC. 104. The project for aquatic plant control authorized by the Aquatic plant control project, River and Harbor Act of 1958 (72 Stat. 297, 300) is hereby modified modification. to provide that research costs and planning costs prior to construction shall be borne fully by the United States and shall not be included in the cost to be shared by local interests. SEC. 105. The Secretary of the Army is authorized to convey 17.94 Midland, Pa. acres of land located at old lock and dam numbered 7, Ohio River, to Land convey- ance. the city of Midland, Pennsylvania, after November 1, 1962, for public park and recreation purposes, without monetary consideration but subject to reversion to the United States if not utilized for public park and recreation purposes and further subject to such flowage rights as may be necessary in the operation of the New Cumberland lock and dam, Ohio River. SEC. 106. Section 110(f) of the River and Harbor Act of 1958 (72 Illinois and Mississippi Ca- Stat. 297) is amended by changing the period to a comma and adding nal. the following: "and upon completion of transfer to the said State of Additional all right, title, and interest of the United States in and to the canal funds. in accordance with the agreement executed December 14,1960, between the Chief of Engineers and the representatives of said State, the addi- tional sum of $800,000 is hereby authorized to be appropriated to be expended by the Corps of Engmeers, or by said State, for the repair and modification of any canal properties and appurtenances, notwith- standing the provisions of section 110(b) hereof." SEC. 107. The Secretary of the Army is authorized and directed to River and harbor prepare and transmit to Congress, at the earliest practicable date, a survey reports. compilation of survey and review reports on river and harbor and flood control improvements, similar to that prepared in accordance with the Act of March 4, 1913, revised in accordance with the Acts of 37 Stat. 827; July 3,1930, August 30,1935j and May 17,1950, and printed in House 46 Stat. 949; 49 Stat. 1049; Document Numbered 214, Eighty-second Congress, first session. 64 Stat. 168. SEC. 108. The Chief of Engineers is authorized to perform such work as may be necessary to provide for the repair and restoration of lock and dam numbered 3 on the Big Sandy River: Provided^ That the Big Sandy River, work authorized herein shall have no effect on the condition that Ky. local interests shall operate and maintain the structure and related properties as required by the Act of Congress approved August 6, 1956 (70 Stat. 1062) : And provided further, That there is hereby authorized to be expended from appropriations hereafter made for civil functions administered by the Department of the Army, such funds as may be necessary for the repair and restoration of lock and dam numbered 3 on the Big Sandy River, not to exceed $200,000. SEC. 109. The body of water designated as the Redondo Beach Har- Redondo Beach King Harbor, bor, California, shall be known and designated hereafter as the Calif. Redondo Beach King Harbor, California. Any law, regulation, map. Designation.
1180 PUBLIC LAW 87-874-OCT. 23, 1962 [76 STAT. document, record, or other paper of the United States in which such body of water is referred to shall be held to refer to it as the Redondo Beach King Harbor, California. Surveys. SEC. 110. The Secretary of the Army is hereby authorized and directed to cause surveys to be made at the following named localities and subject to all applicable provisions of section 110 of the River and 64 Stat. 168. Harbor Act of 1950: Falmouth Harbor, Maine. Channel between Point Shirley and Deer Island, Massachusetts. Little Egg Inlet, New Jersey. Brigantine Inlet, New Jersey. Corsons Inlet, New Jersey. Kings Bay Deep water Channel, Georgia. Auglaize River at Wapakoneta, Ohio. Coastal areas. Surveys of the coastal areas of the United States and its possessions, including the shores of the Great Lakes, in the interest of beach ero- sion control, hurricane protection and related purposes: Provided^ That surveys of particular areas shall be authorized by appropriate resolutions of either the Committee on Public Works of the IJnited States Senate or the Committee on Public Works of the House of Representati ves. Citation of title. SEC. 111. Title I of this Act may be cited as the "River and Harbor Act of 1962". Flood Control T I T L E I I — F L O O D CONTROL Act of 1962. SEC. 201. Section 3 of the Act approved June 22,1936 (Public Law 49 Stat. 1571. Numbered 738, Seventy-fourth Congress), as amended by section 2 33 u s e 70lc. of the Act approved June 28, 1938 (Public Law Numbered 761, 52 Stat. 1215. Seventy-fifth Congress), shall apply to all works authorized in this 33 u s e 701C-1. title except that for any channel improvement or channel rectification project, provisions ( a ) , (b), and (c) of section 3 of said Act of June 22, 1936, shall apply thereto, and except as otherwise provided by law: Provided^ That the authorization for any flood control project herein adopted requiring local cooperation shall expire five years from the date on which local interests are notified in writing by the Depart- ment of the Army of the requirements of local cooperation, unless said; interests shall within said time furnish assurances satisfactory to the Secretary of the Army that the i-equired cooperation will be furnished. SEC. 202. The provisions of section 1 of the Act of December 22, 58 Stat. 887. 1944 (Public Law Numbered 534, Seventy-eighth Congress, second 33 u s e 701-1. session), shall govern with respect to projects authorized in this Act, and the procedures therein set forth with respect to plans, proposals, or reports for works of improvement for navigation or flood control and for irrigation and purposes incidental thereto shall apply as if herein set forth in full. Navigation im- SEC. 203. The following works of improvement for the benefit of provement proj- navigation and the control of destructive floodwaters and other pur- ects. Authorization. poses are hereby adopted and authorized to be prosecuted under the direction of the Secretary of the Army and the supervision of the Chief of Engineers in accordance with the plans in the respective reports hereinafter designated and subject to the conditions set forth therein: Provided^ That the necessary plans, specifications, and pre- liminary work may be prosecuted on any project authorized in this title with funds from appropriations hereafter made for flood control so as to be ready for rapid inauguration of a construction program: Provided further^ That the projects authorized herein shall be ini- tiated as expeditiously and prosecuted as vigorously as may be con- sistent with budgetary requirements: And provided further^ That penstocks and other similar facilities adapted to possible future use
76 STAT.] PUBLIC LAW 87-874-OCT. 23, 1962 1181 in the development of hydroelectric power shall be installed in any dam authorized in this Act for construction by the Department of the Army when approved by the Secretary of the Army on the recom- mendation of the Chief of Engineers and the Federal Power Com- mission. NEW ENGLAND-ATLANTIC COASTAL AREA The project for hurricane-flood protection at Wareham-Marion, Massachusetts, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 548, Eighty-seventh Congress, at an estimated cost of $3,811,500. The project for navigation and hurricane-flood protection at Point Judith, Rhode Island, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Docu- ment Numbered 521, Eighty-seventh Congress, at an estimated cost of $2,414,000. The project for navigation and hurricane-flood control protection at Narragansett Pier, Rhode Island, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 195, Eighty-seventh Congress, at an esti- mated cost of $1,152,000. LONG ISLAND SOUND AREA The project for hurricane-flood control protection at New London, Connecticut, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Num- bered 478, Eighty-seventh Congress, at an estimated cost of $2,401,000. The project for hurricane-flood protection at Westport, Connecticut, is hereby authorized substantially in accordance with the recommen- dations of the Chief of Engineers in House Document Numbered 412, Eighty-seventh Congress, at an estimated cost of $217,000. The project for hurricane-flood protection a'; Mystic, Connecticut, is liereby authorized substantially in accordance with the recommenda- tions of the Chief of Engineers in House Document Numbered 411, ICighty-seventh Congress, at an estimated cost of $1,490,000. H O U S A T O N I C RIVER BASIN The project for flood protection on the Naugatuck River at Ansonia- Derby, Connecticut, is hereby authorized substantially in accordance Avith the recommendations oi the Chief of Engineers in House Docu- ment Numbered 437, Eighty-seventh Congress, at an estimated cost of $5,620,000. HUDSON RIVER BASIN The project for flood protection on Rondout Creek and Wallkill River and their tributaries. New York and New Jersey, is hereby au- thorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 113, Eighty-seventh Congress, at an estimated cost of $5,111,000. NEW JERSEY-ATLANTIC COASTAL AREA The project for hurricane-flood protection and beach erosion control on Raritan Bay and Sandy Hook Bay, New Jersey, is hereby author- ized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 464, Eighty-seventh Congress, at an estimated cost of $3,097,000.
1182 PUBLIC LAW 87-874-OCT. 23, 1962 [76 STAT. S U S Q U E H A N N A RIVER B A S I N The project for construction of the Fall Brook and Ayleworth Creek Reservoirs, and local flood protection works on the Lackawanna River at Scranton, Pennsylvania, is hereby authorized substantially as recommended by the Chief of Engineers, in Senate Document Num- bered 141, Eighty-seventh Congress, at an estimated cost of $3,596,000. The project for the Juniata River and tributaries, Pennsylvania, is hereby authorized substantially in accordance with the recommen- dations of the Chief of Engineers in House Document Numbered 565, Eighty-seventh Congress, at an estimated cost of $32,150,000: Pro- vided^ That installation of the power generating facilities shall not be made until the Chief of Engineers shall submit a reexamination report to the Congress for authorization. DELAWARE RIVER B A S I N - > The project for the comprehensive development of the Delaware River Basin, New York, New Jersey, Pennsylvania, and Delaware, is hereby authorized substantially in accordance with the recommenda- tions of the Chief of Engineers, in House Document Numbered 522, Eighty-seventh Congress, at an estimated cost of $192,400,000. POTOMAC RIVER B A S I N The project for the North Branch of the Potomac River, Maryland and West Virginia, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers, in House Docu- ment Numbered 469, Eighty-seventh Congress, at an estimated cost of $50,965,000. MIDDLE A T L A N T I C COASTAL AREA ,' The project for hurricane-flood protection at Norfolk, Virginia, is hereby authorized substantially in accordance with the recommenda- tions of the Chief of Engineers in House Document Numbered 354, Eighty-seventh Congress, at an estimated cost of $1,537,000. The project for hurricane-flood protection and beach erosion control at Wrightsville Beachj North Carolina, is hereby authorized substan- tially in accordance with the recommendations of the Chief of Engi- neers in House Document Numbered 511, Eighty-seventh Congress, at an estimated cost of $345,000. The project for hurricane-flood protection and beach erosion con- trol at Carolina Beach and vicinity. North Carolina, is hereby author- ized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 418, Eighty-seventh Congress, at an estimated cost of $739,000. APALACHICOLA RIVER B A S I N , GEORGIA The project for the West Point Reservoir, Chattahoochee River, Georgia, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 570, Eighty-seventh Congress, at an estimated cost of $52,900,000. CENTRAL A N D S O U T H E R N FLORIDA The comprehensive plan for flood control and other purposes in 62 Stat. 1176. Central and southern Florida approved in the Act of June 30, 1948,
76 STAT.] PUBLIC LAW 87-874-OCT. 23, 1962 1183 and subsequent Acts of Congress, is hereby modified to include the following items: The project for flood protection of West Palm Beach Canal is hereby authorized substantially as recommended by the Secretary of the Army and the Chief of Engineers in Senate Document Num- bered 146, Eighty-seventh Congress, at an estimated cost of $3,220,000. The project for flood protection on Boggy Creek, Florida, is hereby authorized substantially as recommended by the Chief of Engineers in Senate Document Numbered 125, Eighty-seventh Congress, at an estimated cost of $1,176,000. The project for South Dade County, Florida, is hereby authorized substantially in accordance with the recommendations of the Secre- tary of the Army and the Chief of Engineers in Senate Document Numbered 138, Eighty-seventh Congress, at an estimated cost of $13,388,000. The project for Shingle Creek, Florida, between Clear Lake and Lake Tohopekaliga, for flood control and major drainage is hereby authorized substantially as recommended by the Chief of Engineers in Senate Document Numbered 139, Eighty-seventh Congress, at an estimated cost of $3,250,000: Provided^ That no obligation shall be incurred for development of the Reedy Creek Swamp as a wildlife management area unless the State or one or more other non-Federal entities shall have entered into an agreement in advance to assume at least 50 per centum of the cost associated with that feature of the project. The project for flood protection in the Cutler drain area, Florida, is hereby authorized substantially in accordance with the recommenda- tions of the Chief of Engineers in Senate Document Numbered 123, Eighty-seventh Congress, at an estimated cost of $2,063,000: Provided., That local interests shall receive credit in the Contributed Fund Account of the project for moneys shown to have been spent after March 1,1960, for construction of units of the authorized plan for Cut- ler Drain: Provided further.^ That such completed work must be inspected and accepted by the Chief of Engineers as constituting use- ful parts of the authorized plan: And provided further. That the credit established shall be in accordance with cost sharing arrange- ments for the central and southern Florida flood control project in an amount not to exceed $124,000. GREEN S W A M P REGION, FLORIDA The project for the Four River Basins, Florida, namely the Hills- borough, Oklawaha, Withlacoochee, and Peace Rivers, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 585, Eighty- seventh Congress, at an estimated cost of $57,760,000: Provided., That the cost sharing shall be as recommended by the Secretary of the Army in House Document Numbered 585, Eighty-seventh Congress: And provided further., That planning and construction on the Lowery- Lowery-Mattie Mattie Conservation Area and its appurtenant works is deferred until Conservation Area. additional studies are made thereon, and a further report submitted Additional stud- to the Congress. PASCAGOULA RIVER BASIN The project for flood protection on the Chunky Creek, Chickasa- whay and Pascagoula Rivers, Mississippi, is hereby authorized sub- stantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 549, Eighty-seventh Con- gress, at an estimated cost of $6,740,000.
1184 PUBLIC LAW 87-874-OCT. 23, 1%2 [76 STAT. LOWER M I S S I S S I P P I RIVER B A S I N The project for flood control and improvement of the lower Missis- 45 Stat. 534. sippi Eiver adopted by the Act approved May 16, 1928, as amended by 33 u s e 702a- 702m, 704. subsequent Acts, is hereby modified and expanded to include the following item: (a) Monetary authorizations heretofore and hereafter made avail- able to the project or any portion thereof shall be combined into a single sum and be available for application to any portion of the project. The project for flood control and improvement of the lower Missis- sippi River, adopted by the Act of May 15,1928, as amended, is hereby modified and expanded to include construction of certain improve- ments in Gin and Muddy Bayous, Yazoo River Basin, Missis- sippi, substantially in accordance with plans on file in the Office, Chief of Engineers, subject to the approval of such plans by the Secretary of the Army and the President, at an estimated cost of $150,000. The project for hurricane-flood protection on the Mississippi River Delta at and below New Orleans, Louisiana, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 550, Eighty-seventh Con- gress, at an estimated cost of $7,502,000. The project for flood protection on Red River in Natchitoches and Red River Parishes, Louisiana, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 476, Eighty-seventh Congress, at an esti- mated cost of $1,293,000. Will M. Whitting- The loAver auxiliary channel, Yazoo River Basin, Mississippi, a unit ton Auxiliary in the Mississippi River and tributaries project, shall hereafter be Channel. Designation. known and designated as the Will M. Whittington Auxiliary Channel in honor of the late Member of the House of Representatives from the Third District of Mississippi, and former chairman of the House Public Works Committee. The Secretary of the Army, acting through the Chief of Engineers, United States Army, is hereby authorized and directed to erect appropriate markers along the auxiliary channel designating the project "The Will M. Whittington Auxiliary Chan- nel". Any law, regulation, document, or record of the United States in which such project is designated or referred to under the name of lower auxiliary channel, Yazoo River Basin, Mississippi, shall be held and considered to refer to such project by the name of "Will M. Whittington Auxiliary Channel". B U F F A L O BAYOU The project for flood protection on Vince and Little Vince Bayous, Texas, is hereby authorized substantially as recommended by the Chief of Engineers in House Document Numbered 441, Eighty-seventh Con- gress, at an estimated cost of $2,224,000. G U L F OF MEXICO The project for hurricane-flood protection at Port Arthur and vicinity, Texas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 505, Eighty-seventh Congress, at an estimated cost of $23,380,000. The project for hurricane-flood protection at Freeport and vicinity, Texas, is hereby authorized substantially in accordance with the rec- ommendations of the Chief of Engineers in House Document Num- bered 495, Eighty-seventh Congress, at an estimated cost of $3,780,000.
76 STAT.] PUBLIC LAW 87-874-OCT. 23, 1962 1185 T R I N I T Y RIVER BASIN The project for flood protection on the East Fork of the Trinity River, Texas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 554, Eighty-seventh Congress, at an estimated cost of $23,760,000. The project for extension of the Fort Worth Floodway, Texas, is hereby authorized substantially as recommended by the Chief of Engineers in House Document Numbered 454, Eighty-seventh Con- gress, at an estimated cost of $5,148,000. BRAZOS RIVER B A S I N The project for the San Gabriel River, Texas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 591, Eighty-seventh Con- gress, at an estimated cost of $20,250,000. The project for flood protection on the Clear Fork of the Brazos River at and in the vicinity of Abilene, Texas, is hereby authorized substantially as recommended by the Chief of Engineers in House Document Numbered 506, Eighty-seventh Congress, at an estimated cost of $31,200,000. TULAROSA B A S I N The project for flood protection at Alamogordo, New Mexico, is hereby authorized substantially in accordance with the recommenda- tions of the Chief of Engineers in House Document Numbered 473, Eighty-seventh Congress, at an estimated cost of $2,040,000. RIO GRANDE B A S I N The project for flood protection at Las Cruces, New Mexico, is hereby authorized substantially as recommended by the Chief of Engineers in Senate Document Numbered 117, Eighty-seventh Con- gress, at an estimated cost of $3,350,000. A R K A N S A S RIVER BASIN The Dardanelle lock and dam, Arkansas River, Arkansas, is hereby modified to provide for construction of a sewage outfall system for the city of Russellville, Arkansas, substantially in accordance with plans of said city, approved by the Chief of Engineers, at an estimated cost of $1,400,000. The Secretary of the Army is hereby authorized and directed to cause an immediate study to be made under the direction of the Chief of Engineers of bank erosion on the Arkansas River between about river mile 455, near Muskogee, Oklahoma, and about river mile 495, near Coweta, Oklahoma. Such project or projects, because of its or their emergency nature, are hereby authorized as determined to be feasible and justified by the Chief of Engineers and Secretary of the Army with the approval of the President unless within the first period of sixty calendar days of continuous session of the Congress after the date on which the report is submitted to it such report is dis- approved by the Congress: Provided^ That the requirements for cooperation shall include provisions that local interests shall furnish all lands, easements, and rights-of-way; hold and save the United States free from damages; maintain and operate after completion; and make a cash contribution in recognition of any special benefits: And provided further^ That with respect to any work found justified 78135 0-63—78
1186 PUBLIC LAW 87-874-OCT. 23, 1962 [76 STAT. in the vicinity of Wybark, Oklahoma, local interests shall meet the requirements as stated and shall make a cash contribution of not less than $150,000 which shall include the value of all lands, easements, and rights-of-way required to be furnished, and the value of goods and services provided for purposes of project installation on a basis acceptable to the Chief of Engineers: Provided, That the cost to the Federal Government shall not exceed $2,000,000. The project for improvement of the Verdigris River and tribu- taries, Oklahoma and Kansas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 563, Eighty-seventh Congress, at an esti- mated cost of $62,400,000. The project for flood protection on Big Hill Creek, Kansas, is hereby authorized substantially in accordance with the recommenda- tions of the Chief of Engineers in House Document Numbered 577, Eighty-seventh Congress, at an estimated cost of $3,785,000. The project for the Kaw Reservoir, Arkansas River, Oklahoma, is hereby authorized substantially in accordance with the recommenda- tions of the Chief of Engineers in Senate Document Numbered 143, Eighty-seventh Congress, at an estimated cost of $83,230,000: Pro- vided, That nothing in this Act shall be construed as authorizing the acquisition of additional lands for establishment of a national wildlife refuge at the reservoir. The project for flood protection on Cow Creek, Kansas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 531, Eighty- seventh Congress, at an estimated cost of $1,560,000. The project for flood protection on the Arkansas River at Dodge City, Kansas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 498, Eighty-seventh Congress, at an estimated cost of $2,133,000. ii ,' ;ito^> " W H I T E RIVER B A S I N The flood protection project for Village Creek, Jackson and Law- rence Counties, Arkansas, is hereby authorized substantially as recom- mended by the Chief of Engineers in House Document Numbered 352, Eighty-seventh Congress, at an estimated cost of $1,968,000. The project for flood protection on Village Creek, White River, and Mayberry Levee Districts, Arkansas, is hereby modified to pro- vide for construction of a pumping plant, substantially as recom- mended by the Chief of Engineers in House Document Numbered 577, Eighty-seventh Congress, at an estimated additional cost of $1,018,000. RED RIVER BASIN ' t ^, : . > ,; That the general plan for flood control and other purposes on Red River below Denison Dam is hereby modified to authorize the Chief of Engineers to adjust the local cooperation requirements of the McKinney Bayou, Arkansas and Texas, Maniece Bayou, Arkansas, and East Point, Louisiana, projects so as to bring such requirements in accord with the recommendations of the Secretary of the Army and approval of the President, such adjustment to be made at the earliest practicable date. The project for Sanders, Big Pine, and Collier Creeks, Texas, is hereby authorized substantially as recommended by the Chief of Engi- neers, at an estimated cost of $16,100,000, subject to the recommenda- tions of the Secretary of the Army and approval of the President. The project for Lake Kemp, Wichita River, Texas, is hereby author- ized substantially in accordance with the recommendations of the
76 STAT.] PUBLIC LAW 87-874-OCT. 23, 1962 1187 Chief of Engineers in Senate Document Numbered 144, Eighty- seventh Congress, at an estimated cost of $6,410,000. The modification of the Broken Bow Keservoir, Mountain Fork River, Oklahoma, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Docu- ment Numbered 137, Eighty-seventh Congress, at an estimated cost of $23,800,000. The project for the Clayton and Tuskahoma Reservoirs, Kiamichi River, Oklahoma, is hereby authorized substantially in accordance Avith the recommendations of the Chief of Engineers in Senate Docu- ment Numbered 145, Eighty-seventh Congress, at an estimated cost of $29,748,000. The project providing for the construction of two experimental water quality study projects in the Arkansas-Red River Basins, is hereby authorized substantially in accordance with the recommenda- tions of the Chief of Engineers in Senate Document Numbered 105, Eighty-seventh Congress, at an estimated cost of $300,000. M I S S O U R I RIVER BASIX (a) The Kaysinger Bluff Reservoir, Osage River, Missouri, is hereby modified substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 578, Eighty- seventh Congress, at an estimated additional cost of $43,245,000: Pro- vided^ That nothing in this Act shall be construed as authorizing the acquisition of additional lands for the establishment of a national wild- life refuge at the reservoir. (b) The project for the Kansas River, Kansas, Nebraska, and Colorado, is hereby authorized substantially in accordance with the recommendations of the Secretary of the Army and the Chief of Engineers in Senate Document Numbered 122, Eighty-seventh Con- gress, at an estimated cost of $88,070,000: Provided^ That the author- woodbine Reser- ization for the Woodbine Reservoir on Lyons Creek is deferred at this ''^Authorization time, subject to submission of a new feasibility report to the Eighty- deferred, eighth Congress, which shall take into account the water and related „^l\°^^ *° ^°"" land resource development plans of the Soil Conservation Service, the gress. Kansas Water Resources Board, and Lyons Creek Watershed Joint District Numbered 41, and preparation of said report is hereby authorized. The project for flood protection on White Clay Creek at Atchison, Kansas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 151, Eighty-seventh Congress, at an estimated cost of $3,495,000.^ The project for flood protection on Papillion Creek and tributaries, Nebraska, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 475, Eighty-seventh Congress, at an estimated cost of $2,122,000. _ The project for flood protection on Indian Creek, Iowa, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 438, Eighty- seventh Congress, at an estimated cost of $1,270,000. The project for Grand River and tributaries. North and South Dakota, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Num- bered 574, Eighty-seventh Congress, at an estimated cost of $2,670,000: Provided^ That the project shall be constructed, operated, and main- tained by the Chief of Engineers under the direction of the Secretary of the Army.
1188 PUBLIC LAW 87-874-OCT. 23, 1962 [76 STAT. Floyd River, The requirements of local cooperation on the project for flood control ^"Modification of ^^ ^^® F l o j d River, Iowa, authorized by Public Law 85-500, as recom- project. mended by the Chief of Engineers in House Document Numbered 417, 72 Stat.312. Eighty-fourth Congress, is hereby modified to read as follows: ^^Pro- vided, That responsible local interests give assurances satisfactory to the Secretary of the Army that they will (a) furnish without cost to the United States all lands, easements, and rights-of-way necessary for construction of the project; (b) hold and save the United States free from damages due to the construction works; (c) make without cost to the United States all necessary road, highway, highway bridges otlier than those required to carry Interstate Highway 29 over the relocated Floyd River, and utility alterations and additions; (d) contribute in cash 0.84 per centum of the estimated first cost of the work for which the United States would be responsible, a contribution presently estimated at $65,000; (e) upon authorization of the project, to take all possible action under Iowa law, short of actual purchase, to prevent additional developments within the right-of-way that might increase the overall cost of the project; and (f) maintain and operate all the works after completion in accordance with regulations pre- scribsd by the Secretary of the Army." O H I O RIVER B A S I N The project for flood protection on the Kokosing River, Ohio, is hereby authorized substantially as recommended by the Chief of Engi- neers in House Document Numbered 220, Eighty-seventh Congress, at an estimated cost of $2,438,000. The project for flood protection on the Wabash River at and in the vicinity of Mount Carmel, Illinois, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 573, Eighty-seventh Congress, at an estimated cost of $1,417,000. The project for flood protection on the Mad River above Huffman Daiii, Ohio, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Num- bered 439, Eighty-seventh Congress, at an estimated cost of $7,930,000. The project for the Kentucky River, Kentucky, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 423, Eighty-seventh Con- gress, at an estimated cost of $26,020,000. The project for Twelvepole Creek, West Virginia, is hereby author- ized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 520, Eighty-seventh Congress, at an estimated cost of $11,000,000. The project for the Guyandot River and tributaries. West Virginia, is hereby authorized substantially in accordance with the recommenda- tions of the Chief of Engineers in House Document Numbered 569, Eighty-seventh Congress, second session, at an estimated cost of $60,477,000. The project for flood protection on the Buckhannon River, West Virginia, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Num- bered 43, Eighty-seventh Congress, at an estimated cost of $1,206,000. The project for flood protection on Crab Creek at Youngstown, Ohio, is hereby authorized substantially in accordance with the recom- mendations of the Chief of Engineers in House Document Numbered 440, Eighty-seventh Congress, at an estimated cost of $2,268,000. The project for the Scioto River, Ohio, is hereby authorized sub- stantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 587, Eighty-seventh Con-
76 STAT.] PUBLIC LAW 87-874-OCT. 23, 1962 1189 gress, at an estimated cost of $55,307,000: Provided^ That nothing in this Act shall be construed as authorizing the acquisition of additional lands for the establishment of a wildlife refuge in this project. The project for flood protection on the Allegheny River at Sala- manca, Nev/ York, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Docu- ment Numbered 166, Eighty-seventh Congress, at an estimated cost of $1,390,000. The project for French Creek, Pennsylvania, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 95, Eighty-seventh Con- gress, at an estimated cost of $23,102,000. The project for the Saline River and tributaries, Illinois, author- ized by the Flood Control Act of 1958 (Public Law 85-500) is hereby 72 stat. 312. modified to authorize the Chief of Engineers to adjust the cash con- tribution required of local interests to such amount as is recom- mended by the Secretary of the Army and approved by the President, such adjustment to be made at the earliest practicable date. U P P E R M I S S I S S I P P I RIVER BASIN The project for the Illinois River and tributaries, Illinois, Wiscon- sin, and Indiana, is hereby authorized substantially as recommended by the Chief of Engineers in House Document Numbered 472, Eighty- seventh Congress, at an estimated cost of $71,465,000. The project for Rend Lake, Illinois, is hereby authorized substan- tially in accordance with the recommendations of the Chief of Engi- neers in House Document Numbered 541, Eighty-seventh Congress, at an estimated cost of $35,500,000. The project for flood protection on the Mississippi River at and in the vicinity of Guttenberg, Iowa, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 286, Eighty-seventh Congress, at an estimated cost of $729,000. The project for flood protection on the Mississippi River between Sainte Genevieve and Saint Marys, Missouri, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 519, Eighty-seventh Con- gress, at an estimated cost of $2,500,000. The project for the Harrisonville and Ivy Landing Drainage and Levee District Numbered 2, Illinois, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 542, Eighty-seventh Congress, at an estimated cost of $1,112,000. The project for the Columbia Drainage and Levee District Num- bered 3, Illinois, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 543, Eighty-seventh Congress, at an estimated cost of $986,000. The project for the Prairie DuPont Levee and Sanitary District, Illinois, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Num- bered 540, Eighty-seventh Congress, at an estimated cost of $921,000. The project for flood protection on Richland Creek, Illinois, is hereby authorized substantially in accordance with the recommenda- tions of the Chief of Engineers in House Document Numbered 571, Eighty-seventh Congress, at an estimated cost of $4,995,CO0. The project for the Joanna Reservoir, Salt River, Missouri, is hereby authorized substantially in accordance w^ith the recommenda-
1190 PUBLIC LAW 87-874-OCT. 23, 1962 [76 STAT. tions of the Chief of Engineers in House Document Numbered 507, Eighty-seventh Congress, at an estimated cost of $63,300,000. The project for flood protection on the Pecatonica River, Illinois and Wisconsin, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 539, Eighty-seventh Congress, at an estimated cost of $850,000. The project for flood protection on Rock River at Rockford, Illi- nois, is hereby authorized substantially in accordance with the recom- mendations of the Chief of Engineers in Senate Document Numbered 142, Eighty-seventh Congress, at an estimated cost of $7,228,000. The project for the Mississippi River urban areas from Hampton, Illinois, to mile 300, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Docu- ment Numbered 564, Eighty-seventh Congress, at an estimated cost of $9,289,000. The project for the Mississippi River urban areas from Hampton, Illinois, to Cassville, Wisconsin, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 450, Eighty-seventh Congress, at an estimated cost of $5,350,000. The project for the Kickapoo River, Wisconsin, is hereby authorized substantially as recommended by the Chief of Engineers in House Document Numbered 557, Eighty-seventh Congress, at an estimated cost of $15,570,000. The project for flood protection on the Warroad River and Bull Dog Creek, Minnesota, is hereby authorized substantially in accord- ance with the recommendations of the Chief of Engineers in House Document Numbered 449, Eighty-seventh Congress, at an estimated cost of $972,000. GREAT L A K E S B A S I N ' The project for flood protection on the River Rouge, Michigan, is hereby authorized substantially in accordance with the recommenda- tions of the Chief of Engineers in House Document Numbered 14S, Eighty-seventh Congress, at an estimated cost of $8,659,000. The project for flood protection on the Sandusky River, Ohio, is hereby authorized substantially in accordance with the recommenda- tions of the Chief of Engineers in Senate Document Numbered 136, Eighty-seventh C^ongress, at an estimated cost of $4,300,000. GILA RIVER B A S I N The project for the Camelsback Reservoir, Gila River, Arizona, is hereby authorized substantially in accordance with the recommenda- tions of the Chief of Engineers in Senate Document Numbered 127, Eighty-seventh Congress, at an estimated cost of $9,770,000. The project for flood protection on the Gila River below Painted Rock Reservoir, Arizona, is hereby authorized substantially in accord- ance with the recommendations of the Chief of Engineers in Senate Document Numbered 116, Eighty-seventh Congress, at an estimated cost of $18,255,000. The project for flood protection on Pinal Creek, Arizona, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 512, Eighty- seventh Congress, at an estimated cost of $1,300,000. •fii i'ii:?f "-/a.^ii-iiXK'i ; i ' y.ii^- i,:-«-;'^Miia ''^j.-!'«;.;:.I., iV't;-;-.'
76 STAT.] PUBLIC LAW 87-874-OCT. 23, 1962 1191 T R U C K E E RIVER BASIN The project for flood protection on the Truckee River and tribu- taries, California and Nevada, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 435, Eighty-seventh Congress, at an esti- mated cost of $2,385,000. SAN FRANCISCO BAY AREA The project for flood protection on Alameda Creek, California, is hereby authorized substantially in accordance with the recommenda- tions of the Chief of Engineers in Senate Document Numbered 128, Eighty-seventh Congress, at an estimated cost of $14,680,000. The project for Corte Madera Creek, Marin County, California, is hereby authorized substantially in accordance with the recommenda- tions of the Secretary of the Army and the Chief of Engineers in House Document Numbered 545, Eighty-seventh Congress, at an esti- mated cost of $5,534,000: Provided^ That local interests shall contrib- ute in cash 3 per centum of the Federal construction of the Rose Valley unit with a contribution presently estimated at $158,000. SAN J O A Q U I N RIVER B A S I N The New Melones project, Stanislaus River, California, authorized by the Flood Control Act approved December 22,1944 (58 Stat. 887), ss stat. 901. is hereby modified substantially in accordance with the recommenda- tions of the Chief of Engineers in House Document Numbered 453, Eighty-seventh (^ongress, at an estimated cost of $113,717,000: Pro- dded^ That upon completion of construction of the dam and power- plant by the Corps of Engineers, the project shall become an integral part of the Central Valley project and be operated and maintained by the Secretary of the Interior pursuant to the Federal reclamation laws, except that the flood control operation of the project shall be in accordance with the rules and regulations prescribed by the Sec- retary of the A r m y : Provided further^ That the Stanislaus River Channel, from Goodwin Dam to the San Joaquin River, shall be maintained by the Secretary of the Army to a capacity of at least eight thousand cubic feet per second subject to the condition that responsible local interests agree to maintain private levees and to prevent encroachment on the existing channel and floodway between the levees: Provided further^ That before initiating any diversions of water from the Stanislaus River Basin in connection with the operation of the (^entral Valley project, the Secretary of the Interior shall determine the quantity of water required to satisfy all existing and anticipated future needs within that basin and the diversions shall at all times be subordinate to the quantities so determined: Pro- vided further^ That the Secretary of the Army adopt appropriate Fish and wiia- measures to insure the preservation and propagation of fish and wild- "^® preservation. life in the New Melones project and shall allocate to the preservation and propagation of fish and wildlife, as provided in the Act of August 14,1946 (60 Stat. 1080), an appropriate share of the cost of construct- le use 66I- ing the Stanislaus River diversion and of operating and maintaining ^^^'=- the same: Provided fv/rther^ That the Secretary of the Army, in connection with the New Melones project, construct basic public recreation facilities, acquire land necessary for that purpose, the cost of constructing such facilities and acquiring such lands to be non- reimbursable and nonreturnable: Provided further, That contracts for the sale and delivery of the additional electric energy available from the Central Valley project power system as a result of the con-
1192 PUBLIC LAW 87-874-OCT. 23, 1962 [76 STAT. struction of the plants herein authorized and their integration with that system shall be made in accordance with preferences expressed in the Federal reclamation laws except that a first preference, to the extent as needed and as fixed by the Secretary of the Interior, but not to exceed 25 per centum of such additional energy, shall be given, under reclamation law, to preference customers in Tuolumne and Calaveras Counties, California, for use in that county, who are ready, able, and willing, within twelve months after notice of availability by the Secre- tary of the Interior, to enter into contracts for the energy and that Tuolumne and Calaveras County preference customers may exercise their option in the same date in each successive fifth year providing written notice of their intention to use the energy is given to the Sec- i-etary not less than eighteen months prior to said dates: And pro- vided further, That the Secretary of the Army give consideration during the preconstruction planning for the New Melones project to the advisability of including storage for the regulation of stream- flow for the purpose of downstream water quality control. The Hidden Reservoir, Fresno River, California, is hereby author- ized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 37, Eighty-seventh Con- gress, at an estimated cost of $14,338,000. The Buchanan Reservoir, Chowchilla River, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 98, Eighty- seventh (yongress, at an estimated cost of $13,585,000. The project for flood protection on Mormon Slough, Calaveras River, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Docu- ment Numbered 576, Eighty-seventh Congress, at an estimated cost of $1,960,000. R U S S I A N RIVER B A S I N The project for.Russian River, Dry Creek, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 547, Eighty- seventh Congress, at an estimated cost of $42,400,000. REDWOOD CREEK B A S I N The project for flood protection on Redwood Creek, Humboldt County, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers m House Docu- ment Numbered 497, Eighty-seventh Congress, at an estimated cost of $2,580,000. LOS ANGEI.E8 RIVER B A S I N I n addition to previous authorizations, there is hereby authorized to be appropriated the sum of $3,700,000 for the prosecution of the comprehensive plan for the Los Angeles River Basin approved in the 55 Stat. 647. Act of August 18, 1941, as amended and supplemented by subsequent Acts of Congress, ROGUE RIVER B A S I N The project for the Rogue River, Oregon and California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 566, Eighty- seventh Congress, at an estimated cost of $106,700,000, subject to the conditions of local cooperation specified in said report: Provided, That the project is to be located, constructed, and operated to accomplish the benefits as set forth and described in the report and appendixes: And provided further, That in the years of short water supply all
76 STAT.] PUBLIC LAW 87-874-OCT. 23, 1962 1193 water users will share the available water in the same proportions that they would share the total full supply when it is available, and that no further water-use allocations will be made from the authorized storage so as to retain the maximum possible benefits to authorized uses during the periods of adversity when storage shortages occur. COLUMBIA RIVER B A S I N The projects and plans for the Columbia River Basin, including the Willamette River Basin, authorized by the Flood Control Act of June 28, 1938, and subsequent Acts of Congress, including the Flood 52 stat. 1222; Control Acts of May 17, 1950, September 3, 1954, July 3j 1958, and ^ f^^^' IZ'A"'"'' July 14, 1960, are hereby modified to include the projects listed below 72 stat! sis;' for flood control and other purposes in the Columbia River Basin 74 stat. 499. (including the Willamette River Basin) substantially in accordance with the recommendations of the Chief of Engineers in House Docu- ment Numbered 403, Eighty-seventh Congress: Provided, That the depth and width of the authorized channel in the Columbia-Snake River barge navigation project shall be established as fourteen feet and two hundred and fifty feet, respectively, at minimum regulated flow. Asotin Dam, Snake River, Idaho and Washington; Bruces Eddy Dam and Reservoir, North Fork, Clearwater River, Idaho; Strube Reregulating Dam and Reservoir, South Fork, McKenzie River, Oregon; Gate Creek Dam and Reservoir, Gate Creek, Oregon; Fern Ridge Dam and Reservoir modification. Long Tom River, Oregon; Cascadia Dam and Reservoir, Soutli Santiam River, Oregon. The project for the Ririe Dam and Reservoir, Willow Creek, Idaho, is hereby authorized substantially in accordance with the recommen- dations of the Chief of Engineers in House Document Numbered 562, Eighty-seventh Congress, at an estimated cost of $7,027,000. The project for the Blackfoot Dam and Reservoir, Blackfoot River, Idaho, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Num- bered 568, Eighty-seventh Congress, at an estimated cost of $829,000. W Y N O O C H E E RIVER The project for the Wynoochee River, Washington, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 601, Eighty- seventh Congress, at an estimated cost of $40,211,000: Provided, That Reexamination the installation of the power-generating facilities shall not be made t° congress, •"^P"'"* until the Chief of Engmeers shall submit a reexamination report to the Congress for authorization. COOK I N L E T , ALASKA The project for Bradley Lake, (^ook Inlet, Alaska, is hereby author- ized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 455, Eighty-seventh Con- gress, at an estimated cost of $45,750,000. SEC. 204. (a) For the purpose of developing hydroelectric power and Alaska. to encourage and promote the economic development of and to foster owet'^d^t^'io"- the establishment of essential industries in the State of Alaska, and for ment. other purposes, the Secretary of the Army, acting through the Chief of Engineers, is authorized to construct and the Secretary of the
1194 PUBLIC LAW 87-874-OCT. 23, 1962 [76 STAT. Interior is authorized to operate and maintain the Crater-Long Lakes division of the Snettisham project near Juneau, Alaska. The works of the division shall consist of pressure tunnels, surge tanks, penstocks, a powerplant, transmission facilities, and related facilities, all at an estimated cost of $41,634,000. Sale of power (b) Electric power and energy generated at the division except that and energy. portion required in the operation of the division, shall be disposed of by the Secretary of the Interior in such a manner as to encourage the most widespread use thereof at the lowest possible rates to consumers consistent with sound business principles. Rate schedules shall be drawn having regard to the recovery of the costs of producing and transmitting the power and energy, including the amortization of the capital investment over a reasonable period of years, with interest at the average rate (which rate shall be certified by the Secretary of the Treasury) paid by the United States on its marketable long-term securities outstanding on the date of this Act and adjusted to the nearest one-eighth of 1 per centum. I n the sale of such power and energy, preference shall be given to Federal agencies, public bodies, and cooperatives. I t shall be a condition of every contract made under this Act for the sale of power and energy that the purchaser, if it be a purchaser for resale, will deliver power and energy to Federal agencies or facilities thereof within its transmission area at a reasonable charge for the use of its transmission facilities. All receipts from the trans- mission and sale of electric power and energy generated at said division shall be covered into the Treasury of the United States to the credit of miscellaneous receipts. Contract author- (c) The appropriate Secretary is authorized to perform any and ity. all acts and enter into such agreements as may be appropriate for the purpose of carrying the provisions of this Act into full force and effect, including the acquisition of rights and property, and the Secre- tary of the Army, when an appropriation shall have been made for the commencement of construction or the Secretary of the Interior in the case of operation and maintenance of said division, may, in connection with the construction or operation and maintenance of such division, enter into contracts for miscellaneous services for materials and sup- plies, as well as for construction, which may cover such periods of time as the appropriate Secretary may consider necessary but in which the liability of the United States shall be contingent upon appropriations being made therefor. Small p r o j e c t s . SEC. 205. Section 205 of the Flood Control Act of 1948, as amended 64 Stat. 183; (33 U.S.C. 701s), is amended (a) by striking out "$10,000,000" and 70 Stat. 522. inserting in lieu thereof "$25,000,000", (b) by striking out the term "small flood control projects" and inserting in lieu thereof the term "small projects for flood control and related purposes", and (c) by striking out ''''Provided^ That not more than $400,000 shall be allotted for this purpose at any single locality from the appropriations for any one fiscal year" and inserting in lieu thereof ''''Provided^ That not more than $1,000,000 shall be allotted under this section for a project at any single locality and the amount allotted shall be sufficient to complete Federal participation in the project". Flood emergency SEC. 206. The first sentence of section 5 of the Flood Control Act preparation. approved August 18, 1941, as amended (33 U.S.C. 701n), is hereby 69 Stat. 186. further amended to read as follows: "That there is hereby authorized an emergency fund in the amount of $15,000,000 to be expended in flood emergency preparation, in flood fighting and rescue operations, or in the repair or restoration of any flood control work threatened or destroyed by flood, including the strengthening, raising, extending, or other modification thereof as may be necessary in the discretion of the Chief of Engineers for the adequate functioning of the work for flood
76 STAT.] PUBLIC LAW 87-874-OCT. 1962 1195 control; in the emergency protection of federally authorized hurri- cane or shore protection being threatened when in the discretion of the Chief of Engineers such protection is warranted to protect against imminent and substantial loss to life and property; in the repair and restoration of any federally authorized hurricane or shore protective structure damaged or destroyed by wind, wave, or water action of other than an ordinary nature when in the discretion of the Chief of Engi- neers such repair and restoration is warranted for the adequate func- tioning of the structure for hurricane or shore protection." SEC. 207. Section 4 of the Act entitled "An Act authorizing the Public park and construction of certain public works on rivers and harbors for flood recreational facil- ities. control, and for other purposes", approved December 22, 1944, as amended by section 4 of the Flood Control Act of July 24, 1946, and by section 209 of the Flood Control Act of 1954, is hereby further 68 Stat. 1266. 16 u s e 46Od. amended to read as follows: "SEC. 4. The Chief of Engineers, under the supervision of the Sec- retary of the Army, is authorized to construct, maintain, and operate public park and recreational facilities at water resource development projects under the control of the Department of the Army, to permit the construction of such facilities by local interests (particularly those to be operated and maintained by such interests), and to permit the maintenance and operation of such facilities by local interests. The Secretary of the Army is also authorized to grant leases of lands, including structures or facilities thereon, at water resource develop- ment projects for such periods, and upon such terms and for such pur- poses as he may deem reasonable in the public interest: Provided^ That leases to nonprofit organizations for park or recreational purposes may be granted at reduced or nominal considerations in recognition of the public service to be rendered in utilizing the leased premises: Pro- vided further^ That preference shall be given to Federal, State, or local governmental agencies, and licenses or leases where appropriate, may be granted without monetary considerations, to such agencies for the use of all or any portion of a project area for any public purpose, when the Secretary of the Army determines such action to be in the public interest, and for such periods of time and upon such conditions as he may find advisable: Arid provided further^ That in any such lease or license to a Federal, State, or local governmental agency which involves lands to be utilized for the development and conservation of fish and wildlife, forests, and other natural resources, the licensee or lessee may be authorized to cut timber and harvest crops as may be necessary to further such beneficial uses and to collect and utilize the proceeds of any sales of timber and crops in the development, con- servation, maintenance, and utilization of such lands. Any balance of proceeds not so utilized shall be paid to the United States at such time or times as the Secretary of the Army may determine appropriate. The water areas of all such projects shall be open to public use gen- Public use of erally, without charge, for boating, swimming, bathing, fishing, and water areas. other recreational purposes, and ready access to and exit from such areas along the shores of such projects shall be maintained for gen- eral public use, when such use is determined by the Secretary of the Army not to be contrary to the public interest, all under such rules and regulations as the Secretary of the Army may deem necessary. No Protection of use of any area to which this section applies shall be permitted which fish and game. is inconsistent with the laws for the protection of fish and game of the State in which such area is situated. All moneys received by the United States for leases or privileges shall be deposited in the Treas- ury of the United States as miscellaneous receipts."
1196 PUBLIC LAW 87-874-OCT. 23, 1962 [76 STAT. utilization of SEC. 208. Section 207 of the Flood Control Act of 1960 (74 Stat. public roads. 501) is hereby amended to read as follows: 33 u s e 701r-l. "SEC. 207. (a) When used in this section— "(1) The term 'Agency' means the Corps of Engineers, United States Army or the Bureau of Reclamation, United States Department of the Interior, whichever has jurisdiction over the project concerned. " (2) The term 'head of the Agency concerned' means the Chief of Engineers or the Commissioner, Bureau of Reclamation, or their respective designees. " (3) The term 'water resources projects to be constructed in the future' includes all projects not yet actually under construction, and, to the extent of work remaining to be completed, includes projects presently under construction where road relocations or identifiable components thereof are not complete as of the date of this section. "(4) The term 'time of the taking' is the date of the relocation agreement, the date of the filing of a condemnation proceeding, or a date agreed upon between the parties as the date of taking. "(b) Whenever, in connection with the construction of any author- ized flood control, navigation, irrigation, or multiple-purpose project for the development of water resources, the head of the Agency con- cerned determines it to be in the public interest to utilize existing public roads as a means of providing access to such projects during construc- tion, such Agency may improve, reconstruct, and maintain such roads and may contract with the local authority having jurisdiction over the roads to accomplish the necessary work. The accomplishment of such work of improvement may be carried out with or without obtaining any interest in the land on which the road is located in accordance with mutual agreement between the parties: Provided^ (1) That the head of the Agency concerned determines that such work would result in a saving in Federal cost as opposed to the cost of providing a new access road at Federal expense, (2) that, at the completion of construction, the head of the Agency concerned will, if necessary, restore the road to at least as good condition as prior to the beginning of utilization for access during construction, and (3) that, at the completion of con- struction, the responsibility of the Agency for improvement, recon- struction, and maintenance shall cease. Substitute "(c) For water resources projects to be constructed in the future, roads. when the taking by the Federal Government of an existing public road necessitates replacement, the substitute provided will, as nearly as practicable, serve in the same manner and reasonably as well as the existing road. The head of the Agency concerned is authorized to construct such substitute roads to design standards comparable to those of the State, or, where applicable State standards do not exist, those of the owning political division in which the road is located, for roads of the same classification as the road being replaced. The traffic existing at the time of the taking shall be used in the determination of the classification. In any case where a State or political subdivision thereof requests that such a substitute road be constructed to a higher standard than that provided in the preceding provisions of this sub- section, and pays, prior to commencement of such construction, the additional costs involved due to such higher standard, such Agency head is authorized to construct such road to such higher standard. Federal costs under the provisions of this subsection shall be part of the nonreimbursable project costs." Flood control SEC. 209. The Secretary of the Army is hereby authorized and surveys. directed to cause surveys for flood control and allied purposes, includ- Authorization. ing channel and major drainage improvements, and floods aggravated
76 STAT.] PUBLIC LAW 87-874-OCT. 23, 1962 1197 by or due to wind or tidal effects, to be made under the direction of the Chief of Engineers, in drainage areas of the United States and its territorial possessions, which include the following named localities: Provided^ That after the regular or formal reports made on any survey are submitted to Congress, no supplemental or additional report or estimate shall be made unless authorized by law except that the Secretary of the Army may cause a review of any examination or survey to be made and a report thereon submitted to Congress, if such review is required by the national defense or by changed physical or economic conditions: Provided further^ That the Government shall not be deemed to have entered upon any project for the improvement of any waterway or harbor mentioned in this title until the project for the proposed work shall have been adopted by law: Valenciana River, Puerto Rico. Waccasassa River (Levy County and Gilchrist County), Florida. Lake Pontchartrain, North Shore, Louisiana. Peytons Creek and tributaries, Texas. Clear Creek, Texas. San Bernard River, Texas. Arkansas River Basin, with reference to the effect of the Eufaula and Iteystone Reservoirs, Oklahoma, on the water supply facilities of the cities of McAlester and Yale, respectively, with a view to deter- mining the extent, if any, of Federal participation in the replacement of the cities' water supply facilities in equity without regard to limita- tion contained in existing Corps of Engineers protective and relocation plans. Cumberland River, Kentucky and Tennessee, with reference to the effect of the Barkley Dam project, on the water supply and sewage treatment facilities of the cities of Cadiz, Kuttawa, and Eddyville, Kentucky, and the State penitentiary at Eddyville, Kentucky, respec- tively, with a view to determining the extent, if any, of Federal participation in the replacement of their water supply and sewage treatment facilities in equity without regard to limitation contained in existing Corps of Engineers protective and relocation plans. Missouri River Basin, with reference to the effect of Oahe and Garrison Reservoirs, North Dakota and South Dakota, on the sewage treatment facilities of the cities of Bismarck and Mandan, North Dakota, respectively, with a view to determining the extent, if any, of Federal participation in the sewage treatment facilities in equity without regard to limitation contained in existing Corps of Engineers protective and relocation plans. All streams in Santa Barbara County, California, draining the Santa Ynez Mountains, except Santa Ynez River and tributaries. Sacramento River Basin and streams in northern California drain- ing into the Pacific Ocean for the purposes of developing, where feasible, multiple-purpose water resource projects, particularly those which would be eligible under the provisions of title I I I of Public Law 85-500. 72 stat. 319. Battle Creek, Sacramento River, California. 43 u s e 390b. Kaskaskia River levees, Illinois; review of requirements of local cooperation. Puget Sound, Washington, and adjacent waters, including tribu- taries, in the interest of flood control, navigation, and other water uses and related land resources. Harbors and rivers in Hawaii, with a view to determining the advis- ability of improvements in the interest of navigation, flood control, hydroelectric power development, water supply, and other beneficial water uses, and related land resources.
1198 PUBLIC LAW 87-875-OCT. 24, 1962 [76 STAT. Waimea River, Kokee Area, Kauai, Hawaii, for multiple purposes. Waipio River, Kohala-Hamakua coast, Island of Hawaii, for mul- tiple purpose development. l a o River, Wailuku, Maui, Hawaii. Chicot County, SEC. 210. The Secretary of the Army acting through the Corps of Ark. Bridge r e p l a c e - Engineers is hereby authorized to replace with adequate floodway ment authorized. capacity the bridge over Boeuf River, Chicot County, Arkansas, 58 Stat. 894i approximately three miles north of the county line, and the bridge over Big Bayou, Chicot County, Arkansas, approximately two miles upstream from its confluence with the Boeuf River which were altered as part of the project for Boeuf and Tensas Rivers and Bayou Macon, authorized by the Flood Control Act of December 22,1944, and which were recently destroyed by floods, at an estimated cost of $115,000. W. Kerr Scott SEC. 211. The Wilkesboro Reservoir flood control project, Yadkin Dam and Reser- River, North Carolina, authorized by the Flood Control Act of 1946, Designation. shall hereafter be known and designated as the W. Kerr Scott Dam 60 Stat. 645. and Reservoir, in honor of the late Senator W. Kerr Scott of North Carolina. Any law, regulation, document, or record of the United States in which such project is designated or referred to shall be held and considered to refer to such project by the name of the W. Kerr Scott Dam and Reservoir. Short t i t l e . SEC. 212. Title I I of this Act may be cited as the "Flood Control Act of 1962". Approved October 23, 1962. Public Law 87-875 October 24, 1962 AN ACT [H. R. 8517] To grant emergency officer s retirement benefits to certain persons who did not qualify therefor because their applications were not submitted before May 25,1929. Be it enacted hy the Senate and House of Representatives of the Veterans. United States of America in Congress assembled^ That section 11 of Officer's re- Public Law 85-857 is amended (1) by inserting " ( a ) " immediately tirement b e n e f i t s . 72 Stat. 1263. after "SEC. 11,"; and (2) by adding at the end thereof the following: 38 u s e p r e c . "(b) Any individual who, upon application therefor before May 25, pt. 1 n o t e s . 1929, would have been granted emergency officer's retirement pay based upon 30 per centum or more disability under the Act of May 24, 1928 (45 Stat. 735), and who would have been entitled to continue to receive such pay under section 10 of Public Numbered 2, Seventy-third 48 Stat. 10. Congress, or under section 1 of Public Numbered 743, Seventy-sixth 54 Stat. 760. Congress, and who upon being placed on the emergency officer's retired list would have been paid retired pay at a monthly rate lower than the monthly rate of disability compensation then payable, shall, upon application made therefor after the date of enactment of this subparagraph to the Administrator of Veterans' Affairs, be placed upon the appropriate emergency officer's retired list, and thereafter shall be entitled to all rights, privileges, and benefits of retired emer- gency officers of World W a r I." The limitations of time contained in section 1905 of title 38, United 72 Stat. 1216. States Code, are hereby waived in favor of Walter J . Johnson (Veter- ans' Administration claim numbered C-6048500), and his application 38 u s e 1901- for benefits under chapter 39 of title 38, United States Code, shall be 1905. acted upon under the remaining provisions of such chapter if he applies for such benefits within the six-montli period which begins on the date of enactment of this Act. „. ,,, ,. j , . , v , . Approved October 24, 1962.