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H.R. 10203 (93rd): Water Resources Development Act


The text of the bill below is as of Mar 7, 1974 (Passed Congress).


12                                             PUBLIC LAW 93-251-MAR. 7, 1974                     [88 STAT.

                             Public Law 93-251
   March 7, 1974                                                 AN ACT
   [H. R. 10203]
                             Authorizing the construction, repair, and preservation of certain public works
                                on rivers and harbors for navigation,floodcontrol, and for other purposes.
                              Be it enacted hy the Senate and House of Representatives               of the
   Water r e s o u r c e s
development; river           United States of America in Congress assembled^
b a s i n monetary
authorizations.
   Water R e s o u r c e s         T I T L E I—WATEK EESOURCES DEVELOPMENT
Development Act
of 1974.
                               SEC. 1. (a) The Secretary of the Army, acting through the Chief of
                             Engineer's, is hereby authorized to undertake the phase I design
                             memorandum stage of advanced engineering and design of the follow-
                             ing multi-purpose water resources development projects, substantially
                             in accordance with, and subject to the conditions recommended by the
                             Chief of Engineers in, the reports hereinafter designated.

                                                 MIDDLE A T L A N T I C       COASTAL AREA

                               The project for hurricane-flood protection at Virginia Beach, Vir-
                             ginia: House Document Numbered 92-365, at an estimated cost of
                             $954,000.
                                                           J A M E S RIVER B A S I N

                               The project for flood protection for the city of Buena Vista on the
                             Maury River, Virginia: House Document Numbered 93-56, at an
                             estimated cost of $665,000.

                                                            SALT RIVER         BASIN

                               The project for Camp Ground Lake on Beech Fork in the Salt River
                             Basin, Kentucky, for flood protection and other purposes: House
                             Document Numbered 92-374, at an estimated cost of $330,000.

                                                       PASCAGOULA RIVER              BASIN

                               The project for flood protection and other purposes on Bowie
                             Creek, Mississippi: House Document Numbered 92-359, at an esti-
                             mated cost of $390,000.
                                                           PEARL RIVER          BASIN

                               The project for flood control and other purposes on the Pearl River,
                             Mississippi: House Document Numbered 92-282, at an estimated cost
                             of $310,000.
                                                  U P P E R M I S S I S S I P P I RIVER   BASIN

                               The project for flood control and other purposes on the Zumbro
                             River at Rochester, Minnesota: Report of the Chief of Engineers
                             dated June 7, 1973, in House Document Numbered 93-156, at an esti-
                             mated cost of $150,000.
                                                 LOWER M I S S I S S I P P I RIVER        BASIN

                               The project for Greenville Harbor, Greenville, Mississippi: Senate
                             Document Numbered 93-38, at an estimated cost of $200,000,
                               The project for flood protection for the east bank of the Mississippi
                             River, Warren to Wilkinson Counties, Mississippi (Natchez area) :
                             House Document Numbered 93-148, at an estimated cost of $150,000.
                               The project for flood control and other purposes on the east bank
                             of the Mississippi River, Warren to Wilkinson Counties, Mississippi

88 STAT, ] PUBLIC LAW 93-251-IVlAR. 7, 1974 13 (Vicksburg-Yazoo a r e a ) : House Document Numbered 93-149, at an estimated cost of $150,000. The project for flood control and other purposes for the Bushley Bayou area of the Red River backwater area, Louisiana: House Docu- ment Numbered 93-157, at an estimated cost of $300,000. P E E DEE RIVER BASIN The project for flood control and other purposes on Roaring River Reservoir, North Carolina: in accordance with the recommendations of the Secretary of the Army in his report dated April 12, 1971, on the Development of Water Resources in Appalachia, at an estimated cost of $400,000. A L T A M A H A RIVER BASIN The project for flood control and other purposes at Curry Creek Reservoir, Georgia: in accordance with the recommendations of the Secretary of the Army in his report dated April 12, 1971, on the Development of Water Resources in Appalachia, at an estimated cost of $400,000. COOSA RIVER BASIN The project for flood control and other purposes at Dalton Reservoir, Conasauga River, Georgia: in accordance with the recommendations of the Secretary of the Army in his report dated April 12, 1971, on the Development of Water Resources in Appalachia, at an estimated cost of $440,000. GUADALUPE RIVER B A S I N ^ The project for flood control and other purposes on the Blanco River at Clopton Crossing, Texas: House Document Numbered 92-364, at an estimated cost of $177,000. A R K A N S A S RIVER BASIN The project for flood protection and other purposes on the Arkansas | River and tributaries above John Martin Dam, Colorado: House Document Numbered 93-143, at an estimated cost of $1,140,000. SPRING RIVER BASIN The project for flood control and other purposes on Center Creek near Joplin, Missouri: House Document Numbered 92-361, at an estimated cost of $150,000. COLUMBIA RIVER BASIN The project for installation of power generating facilities at the Libby Reregulating Dam, Kootenai River, Montana: Senate Docu- ment Numbered 93-29, at an estimated cost of $75,000. U M P Q U A RIVER BASIN The project for flood protection and other purposes at the Days' Creek Dam, South Umpqua River, Oregon: House Document Num- bered 92-371, at an estimated cost of $400,000. (b) The Secretary of the Army is authorized to undertake advanced engineering and design for the projects in subsection (a) of this section after completion of the phase I design memorandum stage of such Finding by projects. Such advanced engineering and design may be undertaken Chief of E n g i - only upon a finding by the Chief of Engineers, transmitted to the neers,transmittal to c o n g r e s s i o n a l committees.
14 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. Committees on Public Works of the Senate and House of Representa- tives, that the project is without substantial controversy, that it is substantially in accordance with and subject to the conditions recom- mended for such project in this section, and that the advanced engi- neering and design will be compatible with any project modifications Appropriation. which may be under consideration. There is authorized to carry out this subsection not to exceed $5,000,000. No funds appropriated under this subsection may be used for land acquisition or commencement of construction. SEC. 2. Sections 201 and 202 and the last three sentences in section 33 u s e 701c n o t e , 701-1 n o t e . 203 of the Flood Control Act of 1968 shall apply to all projects author- ized in this section. The following works of improvement for the bene- fit of navigation and the control of destructive floodwaters and other purposes are hereby adopted and authorized to be prosecuted by the Secretary of the Army, acting through the Chief of Engineers, in accordance with the plans and subject to the conditions recommended by the Chief of Engineers in the respective reports hereinafter designated. DELAWARE RIVER B A S I N The project for local flood protection on Wabash Creek, Borough of Tamaqua, Pennsylvania: In accordance with the recommendations of the Secretary of the Army in his report dated April 12, 1971, on the Development of Water Resources in Appalachia, at an estimated cost of $2,355,000. CHARLES RIVER WATERSHED The project for flood control and other purposes in the Charles River Watershed, Massachusetts: Report of the Chief of Engineers dated December 6,1972, at an estimated cost of $7,340,000. U P P E R M I S S I S S I P P I RIVER B A S I N The project for flood control and other purposes at Prairie du Chien, Wisconsin: Report of the Chief of Engineers dated February 9,1972, at an estimated cost of $1,840,000. Land a c q u i s i - SEC. 3. (a) The West Tennessee tributaries feature, Mississippi tion. River and tributaries project (Obion and Forked Deer Rivers), Ten- nessee, authorized by the Flood Control Acts approved June 30, 1948, 62 Stat. 1178. and November 7, 1966, as amended and modified, is hereby further 80 Stat. 1423. amended to authorize the Secretary of the Army, acting through the Chief of Engineers, to acquire thirty-two thousand acres of land for the mitigation of fish and wildlife resources, recreation, and environ- mental purposes. Such lands shall be made available for public use, consistent with good wildlife management practices. (b) Due to the urgency of completion of the West Tennessee trib- utaries feature and the necessity to preserve wildlife habitat, the Sec- retary of the Army, acting through the Chief of Engineers, is hereby authorized to enter immediately into leasehold agreements, accept donations, acquire by direct purchase, and to institute eminent domain proceedings to insure the preservation of the necessary lands in their natural state and to further the objectives of this section, Plans, approval. (c) Final details and designs of this mitigation feature shall consist of plans approved by the Secretary of the Army, the Secretary of the Interior, and the Governor of the State of Tennessee after consulta- tion with the Tennessee Game and Fish Commission prior to the con- veyance by the Secretary of the Army to the State of Tennessee as provided in subsection ( d ) .
88 STAT, ] PUBLIC LAW 93-251-IVlAR. 7, 1974 15 (d) The Secretary of the Army is authorized and directed to con- State of T e n n e s s e e , land vey without monetary consideration, to the State of Tennessee all conveyance. right, title, and interest of the United (States in the lands and develop- ments acquired under the authority of this section. Prior to such con- veyance the State of Tennessee or its appropriate designee shall agree in writing in accordance with the provisions of section 221 of the Flood Control Act of 1970, to operate, maintain, and manage the agreed- 42 u s e 1962d- 5b. upon mitigation lands and developments at no expense to the United States. I n addition, the deed of conveyance to the lands and develop- ments shall provide that they shall continue to be used for wildlife purposes in accordance with the plans of subsection (b) and the title to such lands or developments, which have been provided at Federal expense under the authority of this subsection shall revert to the United States if they cease to be used for such purposes. (e) Not less than 20 per centum of the funds appropriated each fiscal year for the construction of the West Tennessee tributaries fea- ture, Mississippi River and tributaries project, shall be expended to implement the mitigation program authorized by this section, until the entire amount of funds authorized by this section has been expended. (f) The sum of $6,600,000 is hereby authorized to be appropriated Appropriation. to carry out the purposes of this section, and such sum shall be in addition to funds previously authorized for the West Tennessee tribu- taries feature. SEC. 4. The project for beach erosion control on Ediz Hook at Port Port A n g e l e s , Wash., project. Angeles, Washington, is authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 93-101, at an estimated cost of $4,553,000. The Secretary of the Army, acting through the Chief of Engineers is authorized to undertake, in connection with such project, such emergency interim measures as may be necessary to prevent the breaching of Ediz Hook prior to construction of the authorized project. SEC. 5. The project for flood control, water supply, and related pur- Pocatalico River B a s i n , poses, in the Pocatalico River Basin, West Virginia, is hereby author- W. Va., project. ized substantially in accordance with the recommendations contained in the Pocatalico River Basin joint study interim report prepared by the Corps of Engineers and the Soil Conservation Service, at an estimated cost of $3,568,900, with the funds to be appropriated for use by the Secretary of Agriculture, contingent upon project approval by the President. SEC. 6. Section 103 of the River and Harbor Act of 1970 is amended 84 Stat. 1819. to read as follows: "SEC. 103. The cost of operation and maintenance of the general navigation features of small boat harbor projects shall be borne by the United States. This section shall apply to any such project author- ized (A) under section 201 of the Flood Control Act of 1965, (B) 42 u s e 1962d-5. under section 107 of the River and Harbor Act of 1960, (C) between 33 u s e 577. January 1, 1970, and December 31, 1970, under authority of this Act, and to projects heretofore authorized in accordance with the policy set forth in the preceding sentence and to such projects authorized in this Act or which are hereafter authorized." SEC. 7. (a) Section 116(a) of the River and Harbor Act of 1970 e h i c a g o River, 111., channel (Public Law 91-611) is amended by inserting before the period the clearance. following: ", and thereafter to maintain such channel free of such 84 Stat. 1822. trees, roots, debris, and objects". (b) Section 116(c) of the River and Harbor Act of 1970 (Public Law 91-611) is amended by inserting before the period the following: "to clear the channel, and not to exceed $150,000 each fiscal year there- after to maintain such channel".
16 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. (c) Section 116(b) of the River and Harbor Act of 1970 (Public 84 Stat. 1822. Law 91-611) is amended by adding at the end thereof the following: "Non-Federal interests shall pay 25 per centum of the cost of maintain- ing the channel free of trees, roots, debris, and objects." San F r a n c i s c o Bay-Delta Model, SEC. 8. The Secretary of the Army, acting through the Chief of Calif., operation. Engineers, is authorized to operate and maintain the San Francisco Bay-Delta Model in Sausalito, California, for the purpose of testing proposals affecting the environmental quality of the region, including, but not limited to, salinity intrusion, dispersion of pollutants, water quality, improvements for navigation, dredging, bay fill, physical structures, and other shoreline changes which might affect the regi- men of the bay-delta waters. 42 u s e 1962d- SEC. 9. The requirement in any water resources development project 15. under the jurisdiction of the Secretary of the Army, that non-Federal interests hold and save the United States free from damages due to the construction, operation, and maintenance of the project, does not include damages due to the fault or negligence of the United States or its contractors. McClellan-Kerr SEC. 10. The McClellan-Kerr Arkansas River navigation system, A r k a n s a s River navigation system, authorized by the Act entitled "An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes", approved June 28, 1938 (52 Stat. 1215), as amended and supplemented, is hereby further modified to include alteration at Federal expense of the municipal water supply facilities of the city of Conway, Arkansas, by the construction of water supply impoundment facilities at a location outside the flat flood plain of Cadron Creek, together with interconnecting pipeline and other appurtenant work, so that the water supply capacity of the resultant municipal facilities is approximately equivalent to that existing prior to constiuction of the navigation system. Surveys. SEC. 11. (a) The Secretary of the Army is hereby authorized and directed to cause surveys to be made at the following locations for flood control and allied purposes, and subject to all applicable provi- sions of section 217 of the Flood Control Act of 1970 (Public Law 84 Stat. 1830. 91-611) : San Luis Obispo County, California. Buffalo River Basin, New York (wastewater management study). Palo Blanco Creek and Cibolo Creek, at and in the vicinity of Falfurrias, Texas. (b) The Secretary of the Army is hereby authorized and directed to cause surveys to be made at the following locations and subject to all applicable provisions of section 110 of the River and Harbor Act 64 Stat. 168. of 1950: Miami River, Florida, with a view to determining the feasibil- ity and advisability of dredging the river in the interest of water quality. Port Las Mareas. Puerto Rico, with a view to determining the feasibility and advisability of assumption of maintenance of the project by the United States. Saint Marys River at, and in the vicinity of, Sault Sainte Marie, Michigan, with a view to determining the advisability of develop- ing a deep draft navigation harbor and international port. East Two Rivers between Tower, Minnesota, and Vermilion Lake. Project review. L i s t , submittal SEC. 12. (a) As soon as practicable after the date of enactment of to C o n g r e s s . this section and at least once each year thereafter, the Secretary of the 33 u s e 579. Army, acting through the Chief of Engineers, shall review and sub- mit to Congress a list of those authorized projects for works of
88 STAT. ] PUBLIC LAW 93-251-MAR. 7, 1974 H improvement of rivers and harbors and other waterways for naviga- tion, beach erosion, flood control, and other purposes which have been authorized for a period of at least eight years without any Congres- sional appropriations within the last eight years and which he deter- mines, after appropriate review, should no longer be authorized. Each project so listed shall be accompanied by the recommendation of the Chief of Engineers together with his reasons for such recommendation. Prior to the submission of such list to the Congress, the Secretary of the Army, acting through the Chief of Engineers, shall obtain the views of interested Federal departments, agencies, and instrumentalities, and of the Governor of each State wherein such project would be located, which views shall be furnished within sixty days after being requested by the Secretary and which shall accompany the list sub- mitted to Congress. Prior to the submission of such list to Congress the Secretary of the Army, acting through the Chief of Engineers, shall notify each Senator in whose State, and each Member of the House of Representatives in whose district, a project (including any part thereof) on such list would be located. (b) Such list shall be delivered to both Houses on the same day and to each House while it is in session. A project on such list shall not be authorized at the end of the first period of one hundred and eighty calendar days of continuous session of Congress after the date such list is delivered to it unless between the date of delivery and the end of such one hundred and eighty-day period, either the Committee on Public Works of the House of Representatives or the Committee on Public Works of the Senate adopts a resolution stating that such proj- ect shall continue to be an authorized project. For the purposes of this section continuity of session is broken only by an adjournment of Con- gress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the one hundred and eighty-day period. The provisions of this section shall not apply to any project contained in a list of projects submitted to the Congress within one hundred and eighty days preceding the date of adjournment sine die of any session of Congress. (c) Nothing in this section shall be construed so as to preclude the Secretary from withdrawing anv pr'oiect or projects from such list at any time prior to the final day of the period provided for in sub- section (b). (d) This section shall not be applicable to any project which has been included in a resolution adopted pursuant to subsection (b). (e) The Secretary of the Army, acting through the Chief of Engi- ' neers, shall, on request by resolution of the Committee on Public Works of the Senate or the Committee on Public Works of the House of Representatives, review authorized projects for inclusion in the list of projects provided for in subsection (a) of this section. If any proj- ect so reviewed is not included in any of the first three lists submitted to the Congress after the date of the resolution directing the review of the project, a report on the review tofii:ether with the reasons for not ^:^fJ^T' ^"*'" T -I 1 • • 1 n 1 1 • T t /-^ • mittal to c o n g r e s - recommendmg deauthorization, shall be submitted to the ( ommittees sionai committees. on Public Works of the Senate and House of Representatives not later than the date of the third list submitted to Congress after the date of such resolution. SEC. 13. Section 207 (c) of the Flood Control Act of 1960 (33 U.S.C. 701r-l (c)) is hereby amended to read as follows: "(c) For water resources proiects to be constructed in the future, when the taking by the Federal Government of an existing public road necessitates replacement, the substitute provided will, as nearly as
18 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. practicable, serve in the same manner and reasonably as well as the existing road. The head of the agency concerned is authorized to con- struct such substitute roads to the design standards which the State or owning political division would use in constructing a new road under similar conditions of geography and under similar traffic loads (present and projected). I n any case where a State or political sub- division thereof requests that such a substitute road be constructed to a higher standard than that provided for in the preceding provisions of this subsection, and pays, prior to commencement of such construc- tion, the additional costs involved due to such higher standard, such agency head is authorized to construct such road to such higher stand- ard. Federal costs under the provisions of this subsection shall be part of the nonreimbursable project costs." Sandridge Dam SEC. 14. The project for the Sandridge Dam and Reservoir, Ellicott and Reservoir, N.Y., project Creek, New York, for flood protection and other purposes as authorized modification. by the Flood Control Act of 1970, is hereby modified to authorize 84 Stat. 1824. the Secretary of the Army, acting through the Chief of Engineers, to undertake remedial flood control measures to alleviate flooding in the reach between Stalil Eoad and Niagara Falls Boulevard that are compatible with the diversion channel plan contained in the report of the district engineer, United States Army Engineer District, Buf- falo, dated August 1973, such work to be subject to the items of local cooperation required for similar projects and such work to be limited to areas downstream from Sweethome Road in the town of Amherst, New York, and such other areas as the Secretary may deem necessary. The work authorized by this section shall be compatible with the authorized project and any alternatives currently under study pur- suant to the Flood Control Act of 1970. Little River SEC. 15. The project for navigation at Little River Inlet, South Inlet, S . C , n a v i - gation project Carolina, authorized under provisions of section 201 of the Flood modification. Control Act of October 27, 1965 (Public Law 89-298), is hereby 42 u s e 1962d-5. modified to authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to perform such emergency dredging operations as the Chief of Engineers determines necessary to maintain channel depths sufficient to permit frea and safe movement of vessels until such time as the authorized project is constructed. White River SEC. 16. (a) The comprehensive plan for flood control and other B a s i n , project modification. purposes in the White River Basin, as authorized by the Act of June 28, 1938 (52 Stat. 1215), and as modified and amended by subsequent Acts, is further modified to provide for a free highway bridge built to modern standards over the Norfork Reservoir at an appropriate location in the area where United States Highway 62 and Ai'kansas State Highway 101 were inundated as a result of the construcftion of the Norfork Dam and Reservoir. Such bridge shall be constructed by the Chief of Engineers in accordance with such plans as are deter- mined to be satisfactory by the Secretary of the Army to provide adequate crossing facilities. Prior to construction the Secretary of the Army, acting through the Chief of Engineers, shall enter into an agreement with appropriate non-Federal interests as determined by him, which shall provide that after construction such non-Federal interests shall own, operate, and maintain such bridges and approach facilities free to the public. (b) The cost of constructing such bridge shall be borne by the United States except that the State of Arkansas shall, upon comple- tion of such bridge, reimburse the United States the sum of $1,342,000 plus interest, compounded annually, for the period from May 29,1943, to the date of enactment of this Act. Such interest shall be computed at rates determined by the Secretary of the Treasury to be equal to
88 STAT.] PUBLIC LAW 93-251-MAR. 7, 1974 19 the average annual rates payable on all interest-bearing obligations of the United States forming a part of the public debt for each year dur- ing this period, and adjusted to the nearest one-eighth of 1 per centum. Melvern and SEC. 17. The projects for Melvern Lake and Pomona Lake, Kansas, Pomona L a k e s , authorized as units of the comprehensive plan for flood control and K a n s . , project other purposes, Missouri River Basin, by the Flood Control Act modification. approved September 3,1954, are hereby modified to authorize the Sec- 68 Stat. 1261. retary of the Army, acting through the Chief of Engineers, to improve surface roads in the vicinity of such pix)jects which he deter- mines to be necessary for appropriate utilization of such projects. The Federal share of the work performed under this section shall not exceed 70 per centum of the costs of such work. There is authorized Appropriation. to be appropriated to the Secretary not to exceed $500,000 to carry out this section. SEC. 18. The project for Tuttle Creek Reservoir, Big Blue River, Tuttle Creek R e s e r v o i r , Big Kansas, authorized as a unit of the comprehensive plan for flood con- Blue River, K a n s . trol and other purposes, Missouri River Basin, by the Flood Control Act approved June 28, 1938, as modified, is hereby fui-ther modified to 52 Stat. 1218. authorize the Secretaiy of the Army, acting through the Chief of Engineers, in his discretion to improve that portion of F A S 1208 extending from the intersection with Kansas State Highway 13 in sec- tion 5, township 9 south, range 8 east, thence north and west to the intersection with country road in section 14, township 8 south, range 7 east, approximately 5.78 miles. The Federal share of the Avork per- formed under this section shall not exceed 70 per centum of the costs of such work. There is authorized to be appropriated to the Secretary not Appropriation. to exceed $500,000 to carry out this section. F r a t e r n a l Order SEC. 19. (a) The Secretary of the Army, acting through the Chief of P o l i c e , N a s h - of Engineers, is authorized and directed to convey to the Andrew v i l l e , T e n n . , land Jackson Lodge Numbered 5, Fraternal Order of Police, of Xashville, conveyance. Tennessee (hereafter in this section referred to as the "lodge"), all right, title, and interest of the United. States in and to that real prop- erty consisting of thirty-eight acres, more or less, which is located within the Old Hickory lock and dam project and which is presently leased to the lodge under lease numbered AA-40058-CIVENG-60- 431, dated December 1,1959. (b) The cost of any surveys necessary as an incident of the con- Surveys, c o s t s . veyance authorized by this section shall be borne by the lodge. (c) Title to the property authorized to be conveyed by this section shall revert to the L^nited States, which shall have the right of immedi- ate entry thereon, if the lodge shall ever use. or permit to be used, any part of such property for any purpose other than as a youth camp facility. (d) The con Abeyance authorized by this section shall be made upon Payment. payment by the lodge to the Secretary of the Army of an amount of money equal to the fair market value of the property. The fair market value of such property shall be determined by an independent quali- fied appraiser acceptable to both the Secretary of the Army and the lodge. No conveyance may be made pursuant to this section after the close of the twelfth month after the month in which this section is enacted. SEC. 20. Section 213 of the Flood Control Act of 1970 (84 Stat. 1824, 1829) is hereby amended by (1) inserting before the period at the end of the first sentence the following: ", at an estimated cost of $11,400,000" and (2) striking out the last sentence. SEC. 21. The project for flood protection on the Minnesota River at Minnesota River, Mankato- Mankato-North Mankato, Minnesota, authorized by the Flood Con- North Mankato, trol Act of 1958 and modified by section 207 of the Flood Control Minn., project modification.
20 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. 72 Stat. 310; 79 Stat. 1085. Act of 1965, is hereby further modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to reimburse the city of Mankato for local costs incurred in relocating that portion of the existing Mankato interceptor sewer extending approximately one thousand six hundred feet upstream and one thousand five hundred feet downstream of the Warren Creek Pumping Station, provided the relocated interceptor sewer is designed and constructed in a man- ner which the Secretary of the Army determines is fully adequate to serve the project purpose. Water c o n s e r v a - SEC. 22. (a) The Secretary of the Army, acting through the Chief tion p l a n s . 42 u s e 1962d- of Engineers, is authorized to cooperate with any State in the prep- 16. aration of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins Reports to located within the boundaries of such State and to submit to Con- Congress. gress reports and recommendations with respect to appropriate Fed- eral participation in carrying out such plans. Appropriation. (b) There is authorized to be appropriated not to exceed $2,000,000 annually to carry out the provisions of this section except that not more than $200,000 shall be expended in any one year in any one State. SEC. 23. Section 123 of the Kiver and Harbor Act of 1970 (84 Stat. 33 u s e 1165a. 1818,1823) is hereby amended by adding at the end of subsection (d) of such section the following: " I n the event such findings occur after the appropriate non-Federal interest or interests have entered into the agreement required by subsection (c), any payments due after the date of such findings as part of the required local contribution of 25 per centum of the construction costs shall be waived by the Secre- tary of the Army.". Local cooper- SEC. 24. The Secretary of the Army, acting through the Chief of a t i o n , study. 42 u s e 1962d-5 Engineers, is authorized and directed to make a complete study of the note. items of local cooperation involving hold and save harmless provi- sions which have been required for water resources development proj- ects under his jurisdiction, and his reasons for such requirements, and Report to to report thereon to the Congress not later than June 30,1975, together Congress. with recommendations as to those items of local cooperation which should appropriately be required for various types of water resources development projects. Land and water SEC. 25. The Secretary of the Army, acting through the Chief of u s e , study. 42 u s e 1962d-5 Engineers, is authorized and directed to study land use practices and note. recreational uses at water resource development projects under his Report to jurisdiction, and to report thereon to the Congress not later than Congress. June 30. 1975, with recommendations as to the best use of such lands for outdoor recreation, fish and wildlife enhancement, and related purposes. SEC. 26. Section 208 of the Flood Control Act of 1954 (68 Stat. 1256, 33 u s e 701g. 1266) is hereby amended by striking out "$2,000,000" and inserting in lieu thereof "$5,000,000",* and by striking out "$100,000" and insert- ing in lieu thereof "$250,000". 33 u s e 701r. SEC. 27. Section 14 of the Act approved July 24, 1946 (60 Stat. 653), is hereby amended by striking out "$1,000,000" and inserting in lieu thereof "$10,000,000", by inserting after the w^ords "public works," "churches, hospitals, schools, and other nonprofit public services," by striking out "$50,000" and inserting in lieu thereof "$250,000" and by striking out "of emergency bank-protection works to prevent flood" and inserting in lieu thereof ", repair, restoration, and modification of emergency streambank and shoreline protection works to prevent". Lake Texoma, T e x . and Okla., SEC. 28. The Secretary of the Army, acting through the Chief of a c c e s s improve- Engineers, is authorized and directed to improve perimeter access at ments.
88 STAT, ] PUBLIC LAW 93-251-MAR. 7, 1974 M Lake Texoma, Texas and Oklahoma, utilizing existing roads to the extent feasible. There is authorized to be appropriated not to exceed $3,000,000 to carry out this section. SEC. 29. The Act entitled " A n Act authorizing the city of Kock jif "[^^^i/^^^^^^;^ Island, Illinois, or its assigns, to construct, maintain, and operate a toll bridge across the Mississippi River at or near Rock Island, Illinois, and to place at or near the city of Davenport, Iowa", approved March 18,1938 (52 Stat. 110), is amended— (1) by inserting after "to reconstruct, enlarge, and extend the approaches" in subsection (b) of the first section the following: "(including the eastern approach in Rock Island, Illinois)", (2) by inserting after "approaches" in subsection (c) of the first section the following: "(other than the eastern approach in Rock Island, Illinois)", and (3) by inserting at the end of subsection (c) of the first section the following: "The reconstruction, enlargement, and extension of the eastern approach in Rock Island, Illinois, to such bridge pursuant to subsection (b) of this section shall be commenced not later than December 1, 1974, and shall be completed before December 1,1977.". SEC. 30. The project for enlargement of Lavon Reservoir on the ^(,'^^^'^"1^"*'" East Fork of the Trinity River, Texas, authorized by the Flood Con- Rive'r, Tex., trol Act of 1962, is hereby modified to authorize the Secretary of project modifica- the Army, acting through the Chief of Engineers, to provide a cross- ^ye'stat. iiss. ing and approaches at Tiekey Creek and suitable surfacing to permit all-weather use of Collin County Road 115, at a cost not to exceed $800,000. SEC. 31. The project for the Atlantic coast of Long Island, Fire ^ Y°"^Jo^eTt'^' Island Inlet to Montauk Point, New York, authorized in section 101 modification. of the River and Harbor Act of 1960, is hereby modified to provide ^"^ ^*^*- '*^°- that non-Federal interests shall (1) contribute 30 per centum of the first cost of the project, including the value of lands, easements, and rights-of-way; (2) hold and save the United States free from dam- ages due to the construction works; and (3) maintain and operate the improvements in accordance with regulations prescribed by the Secretary of the Army. SEC. 32. (a) This section may be cited as the "Streambank Erosion Er^olToTcon^roi Control Evaluation and Demonstration Act of 1974". Evaluauon and (b) The Secretary of the Army, acting through the Chief of Engi- Demonstration Act neers, is authorized and directed to establish and conduct for a period °yatlonai stream- of five fiscal years a national streambank erosion prevention and con- bank erosion pre- trol demonstration program. The program shall consist of (1) an J'rofdemonstra°t'ion evaluation of the extent of streambank erosion on navigable rivers program. and their tributaries; (2) development of new methods and tech-^jj^ ^^^ i962d-s niques for bank protection, research on soil stability, and identifica- tion of the causes of erosion; (3) a report to the Congress on the results nf^^r7V° of such studies and the recommendations of the Secretary of the Army °"^''^^^" on means for the prevention and correction of streambank erosion; and (4) demonstration projects, including bank protection works. (c) Demonstration projects authorized by this section shall be under- taken on streams selected to reflect a variety of geographical and environmental conditions, including streams with naturally occurring erosion problems and streams with erosion caused or increased by man- made structures or activities. A t a minimum, demonstration projects Project sites. shall be conducted at multiple sites on— (1) the Ohio River; (2) that reach of the Missouri River between Fort Randall Dam, South Dakota, and Sioux City, Iowa; 38-194 O - 76 - 5 Pt. 1
22 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. (3) that reach of the Missouri River in North Dakota at or below the Garrison Dam; and (4) the delta and hill areas of the Yazoo River Basin generally in accordance with the recommendations of the Chief of Engineers in his report dated September 23,1972. Non-Federal i n t e r e s t s , require- (d) Prior to construction of any projects under this section, non- ments. Federal interests shall agree that they will provide without cost to the United States lands, easements, and rights-of-way necessary for con- struction and subsequent operation of the projects; hold and save the United States free from damages due to construction, operation, and maintenance of the projects; and operate and maintain the projects upon completion. Appropriation. (e) There is authorized to be appropriated for the five-fiscal-year period ending June 30,1978, not to exceed $25,000,000 to carry out sub- sections ( b ) , (c),and (d) of this section. Scioto River, SEC. 33. The flood control project for the Scioto River, Ohio author- Ohio, project modification. ized by section 203 of the Flood Control Act of 1962, as modified, 76 Stat. 1188. is hereby further modified (1) to permit the construction of local pro- tection works at Chillicothe, Ohio, prior to commencement of construc- tion of the Mill Creek Reservoir, and (2) to permit the plan for such works to be revised by the Chief of Engineers so as to provide a degree of protection substantially equivalent to that provided by the project as originally authorized. Ohio River, SEC. 34. The project for Newburgh lock and dam, authorized under Newburgh, Ind., bank protection authority of section 6 of the River and Harbor Act approved March 3, works. 1909, is hereby modified to direct the Secretary of the Arniy, acting 35 Stat. 8 1 8 . 33 u s e 5. through the Chief of Engineers, to perform bank protection works along the Ohio River at Newburgh, Indiana. Prior to construction, non-Federal interests shall agree that they will provide without cost to the United States lands, easements, and rights-of-way necessary for construction and subsequent operation of the works; hold and save the United States free from damages due to construction, operation, and maintenance of the works, and operate and maintain the works upon completion. Aleutian I s - lands, Alaska, SEC. 35. The Secretary of the Army, acting through the Chief of study. Engineers, is authorized and directed to make a detailed study of such plans as he may deem feasible and appropriate for the removal and disposal of debris and obsolete buildings remaining as a result of mili- tary construction in World W a r I I in the vicinities of Port Heiden, Cold Bay, Unalaska, and Unmak Island, in the Aleutian Islands, Alaska. Such study shall include an analysis of appropriate measvires Report to to restore these areas to their natural condition. The Secretary of the Congress. Army, acting through the Chief of Engineere, is directed to report the findings of such study to Congress within one year after the date of enactment of this section. American River Calif., road, SEC. 36. Section 222 of the Flood Control Act of 1970 (Public Law bridges. 91-611) is amended by inserting at the end thereof the following: "The 84 Stat. 1 8 3 1 . Secretary may also provide for the cost of construction of a two-lane, all-weather paved road (including appropriate two-lane bridges) extending from Old United States Highway 40, near Weimar across the North Fork and Middle Fork of the American River to the Eldorado County Road near Spanish Dry Diggings, substantially in accordance with the report of the Secretary entitled 'Replacement Alternative Upstream Road System, Auburn Reservoir—June 1970'." Santa Cruz SEC. 37. The Secretary of the Army, acting through the Chief of Harbor project, Santa Cruz, Calif. Engineers, is authorized and directed to review the requirements of local cooperation for the Santa Cruz Harbor project, Santa Cruz, Cali- 72 Stat. 2 9 9 . fornia, authorized by the River and Harbor Act of 1958, with particu-
88 STAT.] PUBLIC LAW 93-251-IVlAR. 7, 1974 n lar reference to Federal and non-Federal cost sharing, and to report Report to Congress. the findings of such review to Congress within one year after the date of enactment of this section. Anaheim Bay, SEC. 38. The Secretary of the Army, acting through the Chief of Calif. Engineers, is authorized and directed to review the requirements of local cooperation for the project for Anaheim Bay, California, author- ized by the Eiver and Harbor Act of 1954 for Seal Beach, California, 68 Stat. 1254. with particular reference to Federal and non-Federal cost sharing, Report to and to report the findings of such review to Congress within one year Congress. after the date of enactment of this section. Yankton, S. SEC. 39. The Secretary of the Army, acting through the Chief of D a k . , emergency Engineers, is authorized and directed to undertake such emergency bank s t a b i l i z a t i o n bank stabilization works as are necessary to jH'btect the Sacred Heart works. Hospital in Yankton, South Dakota, from damages caused by bank erosion downstream of Gavins Point Dam, Missouri River. SEC. 40. (a) I n connection with any water resource development Non-Federal public b o d i e s , project, heretofore, herein, or hereafter authorized to be undertaken construction c o s t s by the Secretary of the Army, the construction of which has not been reimbursement. 42 u s e 1962d- initiated as of the date of the enactment of this section, where author- 5c. ization requires that non-Federal public bodies make an agreed-upon cash contribution as part of their reimbursement to the Federal Gov- ernment for construction costs, or a specific portion of the construction costs, and where there exists no other provision of law which would permit extended repayment for the construction costs or such specific portion of the construction costs involved, such non-Federal public bodies may make such repayment in annual installments during the period of construction. (b) Upon the request of affected non-Federal public bodies, the Cost sharing agreements, Secretary of the Army is authorized to modify existing cost sharing modification. agreements in order to effectuate the provisions of subsection (a) of this section. SEC. 41. (a) The Secretary of the Army, acting through the Chief Ohio River B a s i n , water of Engineers, is authorized and directed to make a detailed study and resources devel- report of the total benefits and costs attributable to the water resources opment p r o j e c t s , study. development projects undertaken in the Ohio River Basin by the Corps of Engineers. The evakiation of benefits and costs attributable to such projects shall include consideration of the enhancement of regional economic development, quality of the total environment, the well-being of the people, and the national economic development. (b) The Secretary, acting through the Chief of Engineers, shall Report to Congress. report the finding of such study to Congress within two years after funds are made available to initiate the study. (c) There is authorized to be appropriated to the Secretary not to Appropriation. exceed $2,000,000 to carry out this section. SEC. 42. The project for flood control and improvement of the lower Lower M i s s i s - s i p p i River proj- Mississippi River (adoDted by the Act of May 15,1928 (45 Stat. 534)), ect modification. as amended and modified is further amended and modified so as to provide that in the case of lands which were authorized to be acquired for the purpose of mitigating losses to wildlife resulting from Fed- eral improvements which have not been acquired and which are no longer suitable for such purpose, the Secretary of the Army, acting through the Chief of Engineers, may, to the extent justified, acquire substitute lands, not to exceed the acreages previously authorized for such purpose, in the same or adjacent subbasins of the project area. SEC. 43. Any proposed road to the Zilpo Recreation Area shall not Cave Run Lake project, Ky., road be constructed under the Cave Run Lake project in Kentucky author- construction. ized by the Flood Control Acts approved June 22, 1936, and June 28, 49 Stat. 1570.
24 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. 52 Stat. 1215. 1938, until there is a full opportunity for public review and comment P u b l i c review and comment. on the environmental impact statement pertaining to any such pro- posed road. Mountrail County Park SEC. 44. (a) Subject to the provisions of subsection (b) of this sec- Commission, tion, the Secretary of the Army is authorized and directed to convey N. Dak., land to the Mountrail County P a r k Commission of Mountrail County, conveyance. North Dakota, all rights, title, and interest of the United States in and to the following described tracts of land: TRACT N U M B E R 1 All of the land which lies landward of a line, which line is 300 feet above and measured horizontally from contour elevation 1,850 mean sea level of old Van Hook Village in the northwest quarter of section 32, township 152, range 91 west of the fifth guide meridian. TRACT N U M B E R 2 All of the land which lies landward of a line which line is 300 feet above and measured horizontally from contour elevation 1,850 mean sea level of Olson's first addition, part of the southwest quarter of sec- tion 29, township 152, range 91 west of the fifth guide meridian. TRACT N U M B E R 3 Hodge's first addition, part of the northeast quarter of section 32, tow^nship 152, range 91, west of the fifth guide meridian. (b) (1) The conveyance of such portion of the lands described in subsection (a) as is being used by the North Dakota State Game and Fish Department for wildlife management purposes shall not become effective until the termination of the license granted to such depart- ment for such use either in accordance with its original terms on October 31,1980, or at any time prior thereto. (2) The lands conveyed pursuant to this section shall be used by the Mountrail County P a r k Commission, Mountrail County, North Dakota, solely for public park and recreational purposes, and if such lands are ever used for any other purpose, title thereto shall revert to, and become the property of, the United States which shall have the right of immediate entry thereof. ^ (3) The conveyance authorized by this section shall be subject to such other terms and conditions as the Secretary of the Army deems to be in the public interest. Surveys, c o s t s . (c) The Mountrail County Park Commission shall pay the costs of such surveys as may be necessary to determine the exact legal description of the lands to be conveyed and such sums as may be fixed by the Secretary of the Army to compensate the United States for its administrative expenses in connection with the conveyance of such lands, which sum shall be covered into the Treasury into miscel- laneous expenses. SEC. 45. (a) Section 252 of the Disaster Belief Act of 1970 (Public 42 u s e 4482. Law 91-606, 84 Stat. 1757) is amended by adding at the end thereof the following: " N e t c o s t " and " ( d ) F o r the purposes of this section, 'net cost' and 'net costs' of 'net c o s t s . " repairing, restoring, reconstructing, or replacing any such facility shall include the costs actually incurred m replacing the facility's services with services from other sources during the period of repair, restoration, reconstruction, or replacement of such facility, to the extent such costs exceed the costs which would have been incurred in providing such services but for the disaster."
88 STAT. ] PUBLIC LAW 93-251-MAR. 7, 1974 25 Effective d a t e . (b) The amendment made by section (a) of this section shall take 42 u s e 4482 effect as of August 1,1969. note. SEC. 46. The Secretary of the Army, acting through the Chief of Aberdeen, Wash., contract Engineers, is authorized to amend the contract between the city of amendment. Aberdeen, Washington, and the United States for use of storage space in the Wynoochee Dam and Lake on the Wynoochee River, Washing- ton, for municipal and industrial water supply purposes. Such amended contract shall provide that the costs allocated to present demand water supply, shall be repaid over a period of fifty years after the project is first used for the storage of water for water supply pur- poses. The first annual payment shall be a minimum of 0.1 per centum of the total amount to be repaid. The annual payments shall be increased by 0.1 per centum each year until the tenth year at which time the payment shall be 1 per centum of the total principal amount to be repaid. Subsequent annual payments for the balance of forty years shall be one-fortieth of the balance remaining after the tenth annual payment (including interest over such fifty year period). SEC. 47. The project for Wynoochee Dam and Lake, Wynoochee Wynoochee River, Wash., River, Washington, authorized by the Flood Control Act approved project modifica- October 23, 1962 (76 Stat. 1193), is hereby modified to provide that tion. the Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to transfer to the State of Washington, as a part of project costs, an amount not to exceed $696,000 for construc- tion of fish hatchery facilities for prevention of losses of natural spawn- ing areas for anadromous trout occasioned by project construction. SEC. 48. Section 7 of the River Basin Monetary Authorization and Miscellaneous Civil Works Amendment Act of 1970 (84 Stat. 310) is hereby amended to read as follows: "SEC. 7. That the project for Libby Dam. Kootenai River, Montana, Libby Dam project, Kootenai is hereby modified to provide that an amount not to exceed $4,000,000 River, Mont., may be used for the construction of fish pi'oduction measures in com- modification. pensation for fish losses attributed to the project, and for the acquisi- tion of necessary real estate, construction of access roads and utilities, and performance of services related thereto, as deemed appropriate bv the Secretary of the Army, acting through the Chief of Engineers.". SEC. 49. (a) The project for Libby Dam, Kootenai River, Montana, Land a c q u i s i - tion. authorized bv the Flood Control Act approved May 17,1950 (64 Stat. 170), is hereby modified to provide that the Secretary of the Army, acting through the Chief of Engineers, is authorized to acquire not more than twelve thousand acres of land for the prevention of wildlife grazing- losses caused by the project. (b) The Secretary is further authorized and directed to convey with- State of Mon- t a n a , land convey- out monetary consideration, to the State of Montana all right, title, ance. and interest of the United States in the land acquired under subsection (a), for use for wildlife grazing purposes. The deed of conveyance shall provide that the land shaU revert to the T"^nited States in the event it ever ceases to be used for wildlife grazing purposes. (c) There is authorized to be appropriated not to exceed $2,000,000 Appropriation. to carry out the provisions of this section. SEC. 50. The project for Libby Dam (Lake Koocanusa). Montana, Libby Dam project, modifi- authorized by the Flood Control Act approved ]May 17,1950 (64 Stat. cation. 170), is hereby modified to provide that the Secretary of the Army, acting through the Chief of Engineers, is authorized to reimburse Boundary County, Idaho, for the cost incurred to elevate, relocate, or reconstruct the bridge, located at the mouth of Deep Creek as it joins the Kootenai River, made necessary by the duration of higher flows during drawdown operations at Libby Dam. There is authorized to Appropriation. be appropriated not to exceed $350,000 for the purposes of this section.
26 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. E a s t River, N.Y. SEC. 51. If the Secretary of the Army, acting through the Chief of 33 u s e 59c-2. Engineers, finds that the proposed project to be erected at the location to be declared non-navigable under this section is in the public interest, on the basis of engineering studies to determine the location and struc- tural stability of the bulkheading and filling and permanent pile-sup- ported structures in order to preserve and maintain the remaining navigable waterway and on the basis of environmental studies con- 42 u s e 4321 ducted pursuant to the National Environmental Policy Act of 1969, note. then those portions of the East River in New York County, State of New York, bounded and described as follows are hereby declared to be not navigable waters of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given to the filling in of all or any part thereof or the erection of permanent pile-supported structures thereon: That portion of the East River in New York County, State of New York, lying shoreward of a line with the United States pierhead line as it exists on the date of the enactment of this Act, bounded on the north by the south side of Rutgers Slip extended easterly, and bounded on the south by the southeasterly bor- der of Battery Park at a point adjacent to the westerly end of South Street extended south by southwest, is hereby declared to be non- navigable waters of the United States. This declaration shall apply only to portions of the above-described area which are bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief R e imburs e me nt of Engineers. Local interests shall reimburse the Federal Government to F e d e r a l agen- for engineering and all other costs incurred under this section. cies. Cape F e a r , SEC. 52. The project for hurricane-flood control protection from N . e . , project modification. Cape Fear to the North Carolina-South Carolina State line. North Carolina, authorized by the Flood Control Act of 1966 (80 Stat. 1418, 1419) is hereby modified to provide that the Secretary of the Army, acting through the Chief of Engineers, may enter into an agreement with non-Federal public bodies to provide for reimbursement of instal- lation costs incurred by such bodies, or an equivalent reduction in the contributions they are otherwise required to make, or a combination thereof, in an amount not to exceed $2,000,000 for work to be per- formed in the project, subject to the provisions of subsections (b) 42 u s e 1962d- through (e) of section 215 of the Flood Control Act of 1968. 5a. Grand River, SEC. 53. The project for flood protection on the Grand River and Mo.-Iowa, project tributaries, Missouri and Iowa, authorized by the Flood Control Act modification. 79 Stat. 1080. of 1965 is hereby modified to authorize and direct the Chief of Engi- neers to proceed immediately with the engineering and design of tlie Pattonsburg Lake project as presently authorized subject to sucli modifications as are determined desirable by the Chief of Engineers on the basis of results of a review of the authorized Grand River Basin plan of development including consideration of the current justifica- tion and feasibility of advance Federal participation in construction of the 1-35 highway crossing of the river and of including power facil- ities during the project construction. Such inclusion of power facilities Report to shall be subject to submission of a feasibility report to the Congress Congress. and subsequent congressional action thereon. Shoreline E r o s i o n Control SEC. 54. (a) This section may be cited as the "Shoreline Erosion Act of 1974. Control Demonstration Act of 1974". 42 u s e 1962d-5 (b) The Congress finds that because of the importance and increas- note. ing interest in the coastal and estuarine zone of the United States, the deterioration of the shoreline within this zone due to erosion, the harm to water quality and marine life from shoreline erosion, the loss of recreational potential due to such erosion, the financial loss to private
88 STAT. ] PUBLIC LAW 93-251-MAR. 7, 1974 27 and public landowners resulting from shoreline erosion, and the inability of such landowners to obtain satisfactory financial and tech- nical assistance to combat such erosion, it is essential to develop, demonstrate, and disseminate information about low-cost means to prevent and control shoreline erosion. I t is therefore the purpose of this section to authorize a program to develop and demonstrate such means to combat shoreline erosion. N i i ^ (c)(1) The Secretary of the Army, acting through the Chief of une^eroTion co'n-' Engineers, shall establish and conduct for a period of five fiscal years troj development and demonstration a national shoreline erosion control development and demonstration "" ° -^-^»- program. program. The program shall consist of planning, constructing, operat- ing, evaluating, and demonstrating prototype shoreline erosion control devices, both engineered and vegetative. (2) The program shall be carried out in cooperation with the Secre- tary of Agriculture, particularly with respect to vegetative means of preventing and controlling shoreline erosion, and in cooperation with Federal, State, and local agencies, private organizations, and the Shoreline Erosion Advisory Panel established pursuant to subsec- tion ( d ) . (3) Demonstration projects established pursuant to this section shall emphasize the development of low-cost shoreline erosion control devices located on sheltered or inland waters. Such projects shall be undertaken at no less than two sites each on the shorelines of the Atlantic, Gulf and Pacific coasts, the Great Lakes, and the State of Alaska, and at locations of serious erosion along the shores of Dela- ware Bay, particularly at tliose reaches known as Pickering Beach, Kitts Hummock, Bowers, Slaughter Beach, Broadkill Beach, and Lewes in the State of Delaware. Sites selected shoidd, to the extent possible, reflect a variety of geographical and climatic conditions. (4) Such demonstration projects may be carried out on private or public lands except that no funds appropriated for the purpose of this section may be expended for the acquisition of privately ow^ned lands. I n the case of sites located on private or non-Federal public lands, the demonstration projects shall be undertaken in cooperation with a non-Federal sponsor or sponsors who shall pay at least 25 per centum of construction costs at each site and assume operation and maintenance costs upon completion of the project. Shoreline Ero- (d) (1) No later than one hundred and twenty days after the date sionTdXofy of enactment of this section the Chief of Engineers shall establish Panei. a Shoreline Erosion Advisory Panel. The Chief of Engineers shall Establishment appoint fifteen members to such Panel from among individuals who are knowledgeable with respect to various aspects of shoreline erosion, with representatives from various geographical areas, institutions of higher education, professional organizations. State and local agen- cies, and private organizations, except that such individuals shall not be regidar full-time employees of the United States. The Panel shall meet and organize within ninety days from the date of its establish- ment, and shall select a Chairman from among its members. The Panel shall then meet at least once each six months thereafter and shall expire ninety days after termination of the five-year program estab- lished pursuant to subsection (c). (2) The Panel shall— Functions. (A) advise the Chief of Engineers generally in carrying out provisions of this section; (B) recommend criteria for the selection of development and demonstration sites; (C) recommend alternative institutional, legal, and financial arrangements necessary to effect agreements with non-Federal sponsors of project sites;
PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. (D) make periodic reviews of the progress of the program pur- suant to this section ; (E) recommend means by which the knowledge obtained from the project may be made readily available to the public; and ( F ) perform such functions as the Chief of Engineers may designate. Compensation. (3) Members of the Panel shall, while serving on business of the Panel, be entitled to receive compensation at rates fixed by the Chief of Engineers, but not in excess of the maximum rate of pay for grade GS-18, as provided in the General Schedule under section 5332 of 5 u s e 5332 title 5 of the United States Code, including traveltime and while away note. from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as author- 5 u s e 5703. ized by law (5 U.S.C. 73b-2) for persons in Government service employed intermittently. Technical as- (4) The Panel is authorized, without regard to the civil service sistance. laws, to engage such technical and other assistance as may be required to carry out its functions. Reports to congressional (e) The Secretary of the Army, acting through the Chief of Engi- committees. neers, shall prepare and submit annually a program progress report, including therein contributions of the Shoreline Erosion Advisory Panel, to the Committees on Public Works of the Senate and House of Representatives. The fifth and final report shall be submitted sixty days after the fifth fiscal year of funding and shall include a compre- hensive evaluation of the national shoreline erosion control develop- ment and demonstration program. Appropriation. (f) There is authorized to be appropriated for the first fiscal year following enactment of this section, and the succeeding four fiscal years, a total of not to exceed $8,000,000 to carry out the provisions of this section. T e c h n i c a l and engineering a s - SEC. 55. The Secretary of the Army, acting through the Chief of sistance. Engineers, is authorized to provide technical and engineering assist- 42 u s e 1962d-5 ance to non-Federal public interests in developing structural and non- note. structural methods of preventing damages attributable to shore and streambank erosion. Libby Dam, SEC. 56. The project for Libby Dam (Lake Koocanusa), Montana, Mont., project modification. authorized by the Flood Control Act approved May 17,1950 (64 Stat. 170), is hereby modified to provide that the Secretary of the Army, acting through the Chief of Engineers, is authorized to compensate the drainage districts and owners of leveed and unleveed tracts, in Kootenai Flats, Boundary County, Idaho, for modification to facilities including gravity drains, structures, pumps, and additional pumping operational costs made necessary by, and crop and other damages resulting from, the duration of higher flows during draw^down opera- tions at Libby Dam, except that the total of all such compensation shall not exceed $1,500,000. P r e s q u e Isle SEC. 57. The authorization for the beach erosion control project for Peninsula, Pa., project e x t e n s i o n . Presque Isle Peninsula, Erie, Pennsylvania, as provided in section 101 of the River and Harbor Act of 1960 (74 Stat. 480) is reinstated and extended under the terms existing immediately prior to the termina- tion of such authorization, for a period of five years from the date of enactment of this Act, or if the review study of such project being carried out by the Secretary of the Army is not completed prior to Report to Congress. the end of such period, until such study is completed and a report Appropriation. thereon submitted to the Congress. There is authorized to be appro- priated not to exceed $3,500,000 to carry out this section. Atchafalaya River, L a . , proj- SEC. 58. (a) The project for navigation in the Atchafalaya River ect modification. and Bayous Chene, Boeus, and Black, Louisiana, authorized by the River and Harbor Act of 1968 (82 Stat. 731) is hereby modified to
88 STAT. ] PUBLIC LAW 93-251-MAR. 7, 1974 29 provide that the non-Federal interests shall contribute 25 per centum of the costs of areas required for initial and subsequent disposal of spoil, and of necessary retaining dikes, bulkheads, and embankments therefor. (b) The requirements for appropriate non-Federal interest or inter- waiver. ests to furnish an agreement to contribute 25 per centum of the construction costs as set forth in subsection (a) shall be waived by the Secretary of the Army upon a finding by the Administrator of the Environmental Protection Agency that for the area to which such construction applies, the State or States involved, interstate agency, municipality, and other appropriate political subdivisions of the State and industrial concerns are participating in and in compliance with an approved plan for the general geographical area of the dredging activity for construction, modification, expansion, or rehabilitation of waste treatment facilities and the Administrator has found that applicable water quality standards are not being violated. SEC, 59. Notwithstanding any other provision of law, the States of ^rld^e'^"*'' ^°'^^' Illinois and Iowa, which are connected at Keokuk, Iowa, by the bridge " ^^' constructed by the Keokuk and Hamilton Bridge Company pursuant to Public Law 342 of the Sixty-third Congress and at Burlington, ^s stat. 1220, Iowa, by the bridge constructed by the Citizens' Bridge Company, pursuant to Public Law 1 of the Sixty-fourth Congress are authorized ^^ ^*^*- ^• to contract individually or jointly with either or both of the cities of Keokuk, Iowa, and Burlington, Iowa, on or before June 1, 1974, to assume responsibility for the operation, maintenance, and repair of the bridges at Keokuk and Burlington and the approaches thereto and for lawful expenses incurred in connection therewith. When either or both States have entered into such an agreement any outstanding prin- cipal and interest indebtedness on account of a bridge shall be paid from reserve funds accumulated for that purpose and the balance of such funds, if any, shall be used to defray costs of operating and main- taining the bridge. After such an agreement is entered into with respect to a bridge that bridge shall thereafter be free of tolls. SEC. 60. The Secretary of the Army, acting through the Chief of ouyandot River Engineers, is authorized and directed to perform channel cleanout channe 1^01^^/31106. operations and snagging and clearing for selected streams where chronic and persistent flood conditions exist in the lower Guyandot River Basin, West Virginia, for the purpose of improving channel capacities, visual environment, and human well-being all in the interest of flood control. Such operations shall be performed as an interim meas- ure pending completion of the R. D. Bailey Lake project at a total cost not to exceed $2,000,000. Appropriate non-Federal interests as deter- mined by the Secretary of the Army, acting through the Chief of Engineers, shall, prior to initiation of remedial operations, agree in accordance with the provisions of section 221 of the Flood Control Act of 1970 that they will furnish the necessary lands, disposal areas, ease- ^^^ use i962d- ments, and rights-of-way, and hold and save the United States free from damages due to the cleanout operations. SEC. 61. Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended— (1) by striking out "$25,000,000" and inserting in lieu thereof "$30,000,000". (2) by striking out "advisable:" and all that follows down through and including the period at the end of such section and insert in lieu thereof the following: "advisable. The amount allotted, for a project shall be sufficient to complete Federal par- ticipation in the project. Not more than $1,000,000 shall be allotted under this section for a project at any single locality, except that
30 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. not more than $2,000,000 shall be allotted under this section for a project at a single locality if such project protects an area which has been declared to be a major disaster area pursuant to the Dis- 42 u s e 4401 aster Eelief Act of 1966 or the Disaster Relief Act of 1970 in the note. five-year period immediately preceding the date the Chief of Engineers deems such work advisable. The provisions of local cooperation specified in section 3 of the Flood Control Act of June 33 u s e 701c. 22, 1936, as amended, shall apply. The work shall be complete in itself and not commit the United States to any additional improvement to insure its successful operation, except as may result from the normal procedure applying to projects authorized after submission of preliminary examination and survey reports." Big Sandy SEC. 62. (a) The Secretary of the Army, acting through the Chief River, Ky.-W. of Engineers, is authorized to perform such work as may be neces- dam repair. sary to provide for the repair and conversion to a fixed-type structure of dam numbered 3 on the Big Sandy River, Kentucky and West Virginia. (b) The work authorized by this section shall have no effect on the condition that local interests shall own, operate, and maintain the structure and related properties as required by the Act of August 6, 1956 (70 Stat. 1062). Appropriation. (c) There is authorized to be appropriated not to exceed $330,000 to carry out this section. T e x a s City, T e x . , project modi- SEC. 63. The project for hurricane-flood control at Texas City and fication. vicinity, Texas, authorized by the Flood Control Act approved 82 Stat. 7 4 2 . August 13, 1968, is hereby modified to provide that the non-Federal interests shall have until July 1,1974, to provide the assurances of local cooperation required in accordance with the recommendations of the Chief of Engineers in House Document Numbered 187, Ninetieth Congress. SEC. 64. Subsection (b) of section 206 of the Flood Control Act of 1960, as amended (33 U.S.C. 709a), is further- amended by striking out "$11,000,000" and inserting in lieu thereof "$15,000,000". Reservoir proj- SEC. 65. In the case of any reservoir' project authorized for construc- e c t s , water stor- age. tion by the Corps of Engineers, Bureau of Reclamation, or other 33 u s e 1252a. Federal agency when the Administrator of the Environmental Pro- tection Agency determines pursuant to section 102(b) of the Federal 33 u s e 1252. Water Pollution Control Act that anv storage in such project for regulation of streamflow for water quality is not needed, or is needed in a different amount, such project may be modified accordingly by the head of the appropriate a^Tencv- and any storage no longer required for water quality may be utilized for other authorized purposes of the project when, in the opinion of the head of such agency, such use is Modification justified. Any such modification of a project where the benefits attrib- restrictions. utable to water quality are 15 per centum or more but not greater than 25 per centum of the total project benefits shall take effect only upon the adoption of resolutions approving such modification by the appro- priate committees of the Senate and House of Representatives. The provisions of the section shall not apply to any project where the bene- fits attributable to water quality exceed 25 per centum of the total project benefits. Little Calumet SEC. 66. (a) The Secretary of the Army, acting through the Chief River, 111., chan- nel debris re- of Engineers, is authorized to undertake measures to clear the channel moval. of the main channel of the Little Calumet River, Illinois, from its con- fluence with the Calumet-Sag channel eastward to Indiana State line, of fallen trees, roots, silt, and other debris and objects which contribute to flooding, unsightliness, and pollution of the river.
88 STAT. PUBLIC LAW 93-251-lVIAR. 7, 1974 31 (b) Prior to initiation of measures autliorized by this section, such non-Federal interests as the Secretary of the Army, acting through the Chief of Engineers, may require shall agree to such conditions of cooperation as the Secretary of the Army, acting through the Chief of Engineers, determines appropriate, except that such conditions shall be similar to those required for similar project purposes in other Federal waste resources projects. SEC. 67. The project for navigation at Murrells Inlet, South Caro- s.crprojecf^'' lina, authorized under provisions of section 201 of the Flood Control modification. 42 u s e 1962d-5. Act of October 27, 1965 (Public Law 89-298), is hereby modified to "^ ""'^ '"'^ authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to perform such emergency dredging operations as the Chief of Engineers determines necessary to maintain channel depths sufficient to permit free and safe movement of vessels until such time as the authorized project is constructed. SEC. 68. (a) The Secretary of the Army, acting through the Chief Lower Rio Grande B a s i n , of Engineers, is authorized to undertake the phase 1 design memoran- Tex. dum stage of advanced engineering and design of the project involving the Willacy-Hidalgo Floodwater Bypass, the Laguna Madre Flood- water Channel, and the North Floodway Channel in the T./Ower Kio Grande Basin, in Willacy, Hidalgo, and Cameron Counties, Texas, substantially in accordance with the recommendations for phase I contained in the comprehensive study and plan of development. Lower E,io Grande Basin, Texas, dated July 1969, prepared by the United States Department of Agriculture in cooperation with the Texas Water Development Board, the Texas State Soil and Water Conserva- tion Board, and the Texas Water Eights Commission, at an estimated Federal cost of $600,000. (b) The Secretary of the Army, in cooperation with the Secretary of Agriculture, shall seek reasonable assurances that an adequate land treatment program satisfactory to the Secretary of Agriculture will be installed to provide necessary protection to the watershed lands and planned structural measures; that non-Federal entities will acquire all land rights needed in connection with the construction of the works of improvement authorized by this section; and that such entities will operate and maintain any upstream structural works of improvement on non-Federal lands. (c) Notwithstanding any other provision of law or regulation, the Draft ^mental environ- _^^^^^^impact ^^^^ draft environmental impact statement prepared on such works of s'tatementr improvement by the Soil Conservation Service pursuant to section 102 (2) (C) of the National Environmental Policy Act shall constitute the ''^ ^^'^ ''^^^• draft environmental impact statement on such works as authorized by this section, and such draft statement shall be circulated to Federal agencies and other appropriate parties at such time as the Secretary of the Army directs. SEC. 69. The project for beach erosion control and hurricane (tidal pia^'^^roec't*^' flooding) protection in Dade County, Florida, authorized by section modVfication. 203 of the Flood Control Act of August 13,1968 (Public Law'90-483), 82 Stat. 740. is hereby modified to provide for initial construction by non-Federal interests, and for subsequent future nourishment bv Federal or non- Federal interests, of the 0.85-mile project segment immediately south of Baker's Haulover Inlet, and for reimbursement of the applicable Federal share of those project costs as originally authorized. Federal reimbursement shall be contingent upon approval by the Chief of Engineers, prior to commencement of the work, of the detailed plans and specifications for accomplishing the work as being in accordance with the authorized project.
32 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. SEC. 70. Section 107(b) of the River and Harbor Act of 1970 (84 Stat. 1818, 1820) is hereby amended by deleting "July 30, 1974" and inserting in lieu thereof "December 31,1976", and deleting "$6,500,000" and inserting in lieu thereof "$9,500,000". Corpus C h r i s t i , SEC. 71. The Secretary of the Army, acting through the Chief of T e x . , ship chan- nel. Engineers, shall submit to the Congress not later than June 30, 1974, Report to the survey report authorized by resolution of the Committee on Pub- Congress. lic Works, House of Representatives, dated October 12, 1972, concern- ing a modification of the Corpus Christi ship channel, Texas, project to provide increased depths and widths in the entrance channels from the Gulf of Mexico to a deeper draft inshore port in the vicinity of Harbor Island, Texas, and shall complete the advanced engineering and design for such modification by June 30, 1975. Such advanced engineering and design may be accomplished prior to authorization of the modification. The Secretary of the Army, acting through the Chief of Engineers, is authorized to accept funds made available by non-Federal interests and to expend such funds for the preparation of the survey report and accomplishment of the advanced engineering and design authorized and directed by this section. Such funds shall be repaid to such non-Federal interests out of moneys appropriated for construction of the modification. E a s t Rockaway SEC. 72. The project for hurricane-flood protection and beach ero- Inlet, N . Y . , proj- ect modification. sion control at East Rockaway Inlet to Rockaway Inlet and Jamaica Bay, New York, authorized by the Flood Control Act of 1965 (79 Stat. 1073), is hereby modified to authorize the Secretary of the Army, act- ing through the Chief of Engineers, to commence work on the beach erosion control aspect of the project, independently of the hurricane- flood protection aspect of the project. Construction of the beach erosion control aspect of the project may commence follow^ing the completion of environmental studies regarding that aspect, conducted 42 u s e 4321 pursuant to the National Environmental Policy Act of 1969. Nothing note. herein shall increase or reduce the percentage of total costs of the entire project to be contributed by the affected non-Federal interests. Flood protection SEC. 73. (a) I n the survey, planning, or design by any Federal p r o j e c t s , non- structural a l t e r - agency of any project involving flood protection, consideration shall natives. be given to nonstructural alternatives to prevent or reduce flood dam- 33 u s e 7 0 1 b - l l . ages including, but not limited to, floodproofing of structures; flood plain regulation; acquisition of flood plain lands for recreational, fish and wildlife, and other public purposes; and relocation with a view tow^ard formulating the most economically, socially, and environmen- tally acceptable means of reducing or preventing flood damages. (b) Where a nonstructural alternative is reconimended, non-Fed- eral participation shall be comparable to the value of lands, easements, and rights-of-way which w^ould have been required of non-Federal interests under section 3 of the Act of June 27, 1936 (Public Law- 33 u s e 7 0 1 c . Numbered 738, Seventy-fourth Congress), for structural protection measures, but in no event shall exceed 20 per centum of the project costs. Arkansas-Red SEC. 74. The project for water quality control in the Arkansas-Red River B a s i n , proj- ect modification. River Basin, Texas, Oklahoma, and Kansas, authorized by the Flood 80 Stat. 1420. Control Acts of 1966 and 1970, is hereby modified to authorize the 84 Stat. 1825. Secretary of the Army, acting through the Chief of Engineers to initiate construction of the area V I I I feature of the project, consisting of a low-flow dam, pumping station and pipeline, and a brine dam, prior to the approval required by section 201 of the Flood Control Act of 1970. Visitor protec- SEC. 75. The Secretary of the Army, acting through the Chief of tion s e r v i c e s , study. Engineers, is authorized and directed to study the need for and means 42 u s e 1962d-5 of providing visitor protection services at water resources develop- note.
88 STAT. ] PUBLIC LAW 93-251-MAR. 7, 1974 33 ment projects under the jurisdiction of the Department of the Army, and to report thereon to the Congress, with his recommendations, not Report to Congress. later than December 31,1974. Great South SEC. 76. The paragraph of section 209 of the Flood Control Act Bay, N.Y. of 1966, Public Law 89-789, authorizing and directing the Secretary 80 Stat. 1424. of the Army, acting through the Chief of Engineers, to conduct a sur- vey of the Great South Bay, New York, is amended to read as follows: "Great South Bay, New York, including the waters of adjoining lesser bays and inlets with respect to water utilization and control. Such investigations and study shall include, but not be limited to, navigation, fisheries, flood control, control of noxious weeds, water pollution, water quality control, beach erosion, and recreation. Such Survey, report to C o n g r e s s . survey shall be provided to the Congress by July 31, 1975, and shall include the use of a comprehensive computer model." SEC. 77. (a) The Federal Water Project Recreation Act (79 Stat. 16 u s e 460^-12. 213) is hereby amended as follows: (1) Strike out "and to bear not less than one-half the separable costs of the project allocated to either or both of said purposes, as 16 u s e 460/-13. the case may be" in section 2(a) and insert in lieu thereof "and to bear not less than one-half the separable costs of the project allocated to recreation, and to bear one-quarter of such costs allocated to fish and wildlife enhancement". (2) Strike out "not more than one-half the separable costs" in sec- tion 2(a) (3) and insert in lieu thereof "not more than one-half the separable costs of the project allocated to recreation and exactly three- quarters of such costs allocated to fish and wildlife enhancement". 16 u s e 460/-14. (3) Strike out "bear not less than one-half the costs of lands, facili- ties, and project modifications provided for either or both of those purposes, as the case may be" in section 3(b) (1) and insert in lieu thereof "bear not less than one-half the costs of lands, facilities, and project modifications provided for recreation, and will bear one-quarter of such costs for fish and wildlife enhancement". 16 u s e 460Z-13 (b) The amendments made by this section shall apply to all projects note. the construction of which is not substantially completed on the date of enactment of this Act. Cost-sharing (c) In the case of any project (1) authorized subject to specific cost- requirements. sharing requirements which were based on the same percentages as those established in the Federal Water Project Recreation Act, and (2) construction of which is not substantially completed on the date 16 u s e 460Z-13 note. of enactment of this Act, the cost-sharing requirements for such proj- ect shall be the same percentages as are established by the amendments made by subsection (a) of this section for projects which are subject to the Federal Water Project Recreation Act. SEC. 78. The project for flood protection on Indian Bend Wash, Indian Bend Wash, Maricopa Maricopa County, Arizona, authorized by the Flood Control Act of C o . , A r i z , , project 1965 (79 Stat. 1083) is hereby modified to provide that all costs of the modification. siphon system from the Arizona Canal, required to be provided in connection with the relocation of irrigation facilities shall be paid by the United States. SEC. 79. The multi-purpose plan for the improvement of the A r k a n s a s River and t r i b u t a r i e s . Arkansas River and tributaries, authorized by the River and Harbor Act of July 24, 1946, as amended and modified, is hereby further 60 Stat. 640. amended to authorize the Secretary of the Army, acting through the Chief of Engineers, to reassign the storage provided in the Oologali Reservoir for hydroelectric power production to municipal and indus- trial water supply and to make such storage available for such pur- poses under the Water Supply Act of 1958, as amended. 43 u s e 390b note.
34 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. Interest rate SEC. 80. (a) The interest rate formula to be used in plan formula- formula. 42 u s e 1962d- tion and evaluation for discounting future benefits and computing 17. costs by Federal officers, employees, departments, agencies, and instru- mentalities in the preparation of comprehensive regional or river basin plans and the formulation and evaluation of Federal water and related land resources projects shall be the formula set forth in the "Policies, Standards, and Procedures in the Formulation, Evaluation, and Review of Plans for Use and Development of Water and Related Land Resources" approved by the President on May 15, 1962, and published as Senate Document 97 of the Eighty-seventh Congress on May 29, 1962, as amended by the regulation issued by the Water Resources Council and published in the Federal Register on Decem- ber 24, 1968 (33 F.R. 19170; 18 C.F.R. 704.39), until otherwise pro- vided by a statute enacted after the date of enactment of this Act. Repeals. Every provision of law and every administrative action in conflict with this section is hereby repealed to the extent of such conflict. Certain projects n o n - F e d e r a l pay- (b) In the case of any project authorized before January 3, 1969, if m e n t s , discount the appropriate non-Federal interests have, prior to December 31, rate. 1969, given satisfactory assurances to pay the required non-Federal share of project costs, the discount rate to be used in the computation of benefits and costs for such project shall be the rate in effect imme- diately prior to December 24, 1968, and that rate shall continue to be used for such project until construction has been completed, unless otherwise provided by a statute enacted after the date of enactment of this Act. Water and re- (c) The President shall make a full and complete investigation and lated r e s o u r c e s projects. Presi- study of principles and standards for planning and evaluating water d e n t i a l study. and related resources projects. Such investigation and study shall include, but not be limited to, consideration of enhancing regional eco- nomic development, the quality of the total environment including its protection and improvement, the well-being of the people of the United States, and the national economic development, as objectives to be included in federally-financed water and related resources proj- ects and in the evaluation of costs and benefits attributable to such projects, as intended in section 209 of the Flood Control Act of 1970 42 u s e 1962-2. (84 Stat. 1818,1829), the interest rate formula to be used in evaluating and discounting future benefits for sucli projects, and appropriate Report to Federal and non-Federal cost sharing for such projects. He shall report Congress. the results of such investigation and study, together with his recom- mendations, to Congress not later than one year after funds are first appropriated to carry out this subsection. Duluth, Minn., SEC. 81. The Secretary of the Army, acting through the Chief of Great Lakes model. Engineers, is authorized and directed to study the feasibility and practicality of constructing, operating, and maintaining in the vicin- ity of Duluth, Minnesota, a hydraulic model of all or a part of the Great Lakes and their connecting channels and an associated technical Report to center, and to report thereon to Congress with reconunendations not Congress. later than June 30,1976. SEC. 82. Section 5 of the Flood Control Act approved August 18, 1941, as amended (33 U.S.C. 701n), is amended as follows: (1) The first sentence is amended by striking out "in the amount of $15,000,000". Clean drinking (2) By inserting immediately after the first sentence the following water, emergency supplies. new sentence: "The Chief of Engineers, in the exercise of his discretion, is further authorized to provide emergency supplies of clean drinking- water, on such terms as he determines to be advisable, to any locality which he finds is confronted with a source of contaminated drinking water causing or likely to cause a substantial threat to the public health and welfare of the inhabitants of the locality."
88 STAT. ] PUBLIC LAW 93-251-MAR. 7, 1974 35 (3) The proviso in the next to the last sentence is amended by striking out "of said sum," and inserting in lieu thereof the follow- ing : "of sums to such emergency fund,". Bonneville Lock SEC. 83. (a) The project for Bonneville Lock and Dam, Columbia and Dam, Colum- River, Oregon and Washington, authorized by the Act of August 30, bia River, Oreg. and Wash. 1935 (49 Stat. 1028) and the Act of August 20, 1937 (50 Stat. 731) 33 u s e 540 is hereby modified to authorize the Secretary of the Army, acting note. through the Chief of Engineers, in connection with the construction 16 u s e 8 3 2 . of the Bonneville second powerhouse, to relocate the town of North Bonneville, Washington, to a new townsite. (b) As part of such relocation, the Secretary of the Army, acting North Bonne- v i l l e , Wash., through the Chief of Engineers, is authorized to cooperate in the relocation. planning of a new town with other Federal agencies and appropriate non-Federal interests; to acquire lands necessary for the new town and to convey title to said lands to individuals, business or other entities, and to the town as appropriate; and to construct a central sewage collection and treatment facility and other necessary munici- pal facilities. (c) The compensation paid to any individual or entity for the taking of property under this section shall be the amount due such individual or entity under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 less the fair market 42 u s e 4601 note. value of the real property conveyed to such individual or entity in the new town. Municipal facilities provided under the authority of this section shall be substitute facilities which serve reasonably as well as those in the existing town of North Bonneville except that they shall be constructed to such higher standards as may be neces- sary to comply with applicable Federal and State laws. Additional facilities may be constructed, or higher standards utilized, only at the expense of appropriate non-Federal interests. (d) Before the Secretary of the Army acquires any real property for the new townsite appropriate non-Federal interests shall furnish binding contractual commitments that all lots in the new townsite will be either occupied when a vailahle, will be replacements for open space and vacant lots in the existing town, or will be purchased by non- Federal interests at the fair market value. SEC. 84, (a) The project for flood protection on Fourmile Run, city Fourmile Run, Va., flood pro- of Alexandria and Arlington County, Virginia, approved by resolu- tection. tions of the Committees on Public Works of the LTnited States Senate and House of Representatives, dated June 25, 1970, and July 14, 1970, respectively, in accordance with the provisions of section 201 of the Flood Control Act of 1965 (Public Law 84-298), is hereby modified to 42 u s e 1962d-5. incorporate the following: (1) A channel capacity sufficient to accommodate flood flows of twenty-seven thousand cubic feet per second; (2) An increase in channel bottom widths along Fourmile Run from one hundred seventy-five to two hundred feet from Mount Vernon Avenue to Long Bi'anch and from one hundred fifty to one hundred seventy-five feet above Long Branch, and, along Long Branch, from forty to sixty feet. (3) The deletion of the pumping stations, ponding areas, and levees, except for a short levee on Long Branch, and the substitu- tion therefor of bank retention structures, including walls where required due to space limitations, and flood proofing by non- Federal interests of existing and future structures as necessary to provide protection against a one hundred-year flood; (4) The addition of recreation as a project feature, including pedestrian and bicycle trails, active and passive recreation areas, picnic areas, and protection of existing mai-shland area.
36 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. (b) Prior to initiation of construction of this project, appropriate non-Federal interests shall agree to— (1) provide without cost to the United States all lands, ease- ment, and rights-of-way necessary for constiniction of the project; (2) accomplish without cost to the United States all relocations and alterations to existing improvements, other than railroads and the George Washington Memorial Parkway Bridge, which may be required hj the construction works, including the recon- struction of the existing United States Koute 1 highway bridge with its approach ramps; (3) hold and save the United States free from damages due to the construction works; (4) maintain and operate all the works after completion in accordance with regulations prescribed by the Secretary of the Army; (5) prevent encroachment on the project flood channels that would decrease the effectiveness of the flood control improve- ment ; (6) provide at their own expense flood proofing of existing and future building and other measures as necessary to provide flood protection against a one hundred-year flood; (7) develop a land management planning process acceptable to the Secretary of the Army for the entire watershed, including Arlington and Fairfax Counties and the cities of Alexandria and Falls Church, to insure that future development in the basin will not result in increased runoff which would impair the effec- tiveness of the flood control improvement; (8) develop a land use management planning process satisfac- tory to the Secretary of the Army for the area protected by the project and other areas within the jurisdiction of the non-Fed- eral interest or interests furnishing the cooperation for the proj- ect, which will insure,, among other things, that future development will not be permitted in flood prone areas unless suitable structural or non-structural flood conti'ol measures are first undertaken by non-Federal public or private interests at no expense to the Fed- eral Government; (9) contribute in cash toward construction of the project a sum estimated at $2,439,000, as follows: (A) city of Alexandria—one-half of the cost of construc- tion of the channels and floodwalls between Commonwealth Avenue and Interstate 95, in the city of Alexandria, or $1,500,000, whichever is greater, (B) Arlington County—$500,000, (C) Richmond, Fredericksburg, and Potomac Eailroad Company—$439,000; (10) pay 50 per centvmi of the separable costs of the project allocated to recreation, consistent with the Federal Water Proj- ect Recreation Act (Public Law 89-72). )te.^^^ ^^^^'^^ note. (c) There is authorized to be appropriated to the Secretary of the Appropriation. Army for coustruction of the Fourmile Run project not to exceed $29,981,000, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuation in the cost of construction as indicated by engineering cost indexes applicable to the type of construction involved. Verona Lake va Dam andand ^^^- ^^- ^^) '^^® projccts for Vcroua Dam and Lake, Virginia, and Sixes'Brldge'oam for Sixcs Bridge Dam and Lake, Maryland, are hereby authorized and Lake, Md., Substantially in accordance with the recommendations of the Secretary project mo i ica- ^^^ ^^^ Army lu House Document Numbered 91-343 as modified by the 42 u s e 1962d-7 note.
88 STAT. ] PUBLIC LAW 93-251-MAR. 7, 1974 37 recommendations of the Chief of Engineers in his report dated Ju\j_ 13,1973, except that such authorization shall be limited to the phase I design memorandum of advanced engineering and design, at an esti- mated cost of $1,400^000. (b) (1) Prior to any further authorization of such Sixes Bridge Washington metropolitan Dam Project, the Secretary of the Army, acting through the Chief a r e a , future water of Engineers shall (A) make a full and complete investigation and n e e d s , study. study of the future water resources needs of the Washington metro- politan area, including but not limited to the adequacy of present water supply, nature of present and future uses, the effect water pric- ing policies and use restrictions may have on future demand, the feasibility of utilizing water from the Potomac estuary, all possible water impoundment sites, natural and recharged ground water supply, wastewater reclamation, and the effect such projects will have on fish, wildlife, and present beneficial uses, and shall provide recommenda- tions based on such investigation and study for supplying such needs, and (B) report to the Congress the results of such investigation and Report to Congress. study together with such recommendations. The study of measures to meet the water supply needs of the Washington metropolitan area shall be coordinated with the Northeastern United States water supply study authorized by the Act of October 27, 1965 (79 Stat. 1073). 42 u s e 1962d-4. (2) The Secretary of the Army, acting through the Chief of Engi- neers, shall undertake an investigation and study of the use of estuary waters to determine the feasibility of using such w^aters as a source of water supply and is authorized to construct, operate, and evaluate a pilot project on the Potomac estuary for the treatment of such waters at an estimated cost of $6,000,000. The Secretary of the Army, acting Report to Congress. through the Chief of Engineers, shall report to the Congress on the results of such project within three years after commencement of operation of such project and such report shall include the results of two years testing at the pilot project for the treatment of water from the Potomac estuary. (3) The Secretary of the Army, acting through the Chief of Engi- Review and report. neers, shall request the National Academy of Sciences-National Academy of Engineering to review and by written report comment upon the scientific basis for the conclusions reached by the investiga- tion and study of the future water resource needs of the Washington metropolitan area and the pilot project for the treatment of water from the Potomac estuary. Such review and written report shall be Report to Congress. completed and submitted to the Congress within one year following the completion of both the Corps of Engineers report on the future water resource needs of the Washington metropolitan area and the report on the results derived from the pilot project for the treatment of water from the Potomac estuary. Completion of such revicM^ and written report by the National Academy of Sciences-National Acad- emy of Engineering shall be a condition of further authorization of such Sixes Bridge Dam Project. (4) The Secretary of the Army is authorized to enter into appro- priate arranofements with the National Academy of Sciences-National Academy of Engineering for the purpose of this subsection. (c) There is authorized $1,000,000 for the purposes of carrying out Appropriation. the provisions contained in paragraph (3) of subsection (b). SEC. 86. (a) The Secretary of the Army, acting through the Chief Dyke Marsh, Potomac River, of Engineers, is authorized to assist the National Park Service in the restoration. National P a r k Service's program to plan for. design, and implement restoration of the historical and ecological values of Dyke Marsh on the Potomac River. Such assistance may include, but need not be
38 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. limited to, furnishing suitable fill material obtained from the Potomac Kiver or its tributaries, its placement, upon request, and engineering and technical services. Potomac River (b) The Secretary of the Army, acting through the Chief of Engi- b a s i n study, transmittal to neers, is authorized and directed to make an investigation and study of Congress. the siltation and sedimentation problems of the Potomac Eiver basin with particular emphasis on these problems as they exist in the Wash- ington metropolitan area of the basin. This study is to be made in consultation with the Departments of Interior and Agriculture, the Environmental Protection Agency, and other interested Federal, State, and local entities and is to include, but need not be limited to, a description of the extent of such problems together with the Chief of Engineers' recommendations on feasible and environmentally sound methods of removing polluted river bed materials to enhance water quality, recreation use, fish and wildlife, navigation, and the esthetics of the basin, as well as his recommendations on alternative methods Study, trans- and sites for the proper disposal of such materials. The Secretary of mittal to Con- the Army shall transmit this study and the Chief of Engineers' rec- gress. ommendations to the Congress no later than three years from the date of enactment of this Act. Mississippi River and tribu- SEC. 87. The comprehensive plan for flood control and other pur- t a r i e s , project poses for the Mississippi River and tributaries, approved by the Flood modification. Control Act of June 15, 1936, as amended, is hereby modified to 49 Stat. 1575, 1580. provide that the channel of Bavou Courtableau be enlarged from Washington to the west protection levee in lieu of the authorized Washington to Courtableau diversion, and that the right-of-way and spoil areas therefor be provided at Federal expense. Further, that additional culverts through the west protection levee be provided as necessarv for the increased flow. Chatfiel(J Dam, SEC. 88. (a) The project for flood control below Chatfield Dam on the South Platte River, Colo., South Platte River, Colorado, authorized by the Flood Control Act of project modifica- 1950 (64 Stat. 175), is hereby modified to authorize the Secretary of the tion. Army, acting through the Chief of Engineers, to participate with non- Federal interests in the acquisition of lands and interests therein and in the development of recreational facilities immediately downstream of the Chatfield Dam, in lieu of a portion of the authorized channel improvement, for the purpose of flood control and recreation. (b) Such participation shall (1) consist of the amount of savings realized by the United States, as determined by the Secretary of the Army, acting through the Chief of Engineers, in not constructing that portion of the authorized channel improvement below the dam, together with such share of any land acquisition and recreation devel- opment costs, over and above that amount, that the Secretary of the Army determines is comparable to the share available under similar Federal programs providing financial assistance for recreation and open spaces, (2) in the instance of the aforementioned land acquisi- tion, be restricted to those lands deemed necessary by the Secretary of the Army for flood control purposes, and (3) not otherwise reduce the local cooperation required under the project. (c) Prior to the furnishing of the participation authorized by this Act, non-Federal interests shall enter into a binding written agree- ment with the Secretary of the Army to prevent any encroachments in needed flood plain detention areas which would reduce their capabil- ity for flood detention and recreation. Rogue River SEC. 89. The project for the Rogue River Basin, Oregon and Cali- B a s i n , Oreg. and Calif., project fornia, as authorized in section 203 of the Flood Control Act of 1962 modification. (Public Law 87-874) is modified to provide that construction of the 76 Stat. 1 192. Applegate Lake, Oregon project may commence prior to non-Federal interests making necessary arrangements with the Secretary of the
88 STAT. ] PUBLIC LAW 93-251-MAR. 7, 1974 39 Interior for repayment in accordance with Federal reclamation laws. The Applegate project shall not be operated for irrigation purposes until such time as the Secretary of the Interior makes the necessary arrangements with non-Federal interests to recover the costs, in accord- ance with Federal reclamation laws, which are allocated to the irriga- tion purpose. SEC. 90. The plan for flood protection in the Big Sandy Kiver Big Sandy River B a s i n , flood plan. Basin, Kentucky, West Virginia, and Virginia included in the compre- hensive plan for flood control in the Ohio River Basin, authorized by the Flood Control Act, approved June 22, 1936 (49 Stat. 1570), as amended and modified, is hereby further modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to provide all communities in the Tug Fork Valley of the Big Sandy River Basin, Kentucky, Virginia, and West Virginia, w4th compre- hensive flood protection by a combination of local flood protection works and residential flood proofing similar to the measures described by the Chief of Engineers m the "Report on Tug Fork, July 1970", except that such authorization shall be limited to the phase I design memorandum stage of advanced engineering and design at an esti- mated cost of $1,290,000. SEC. 91. The New York Harbor collection and removal of drift New York Har- bor, project modi- project is hereby modified in accordance with the recommendations fication. contained in "Survey Report on Review of Project, New York Harbor Collection and Removal of Drift," dated June 1968, revised March 1969, and April 1971, on file in the Office, Chief of Engineers. There is Appropriation. authorized to be appropriated not to exceed $14,000,000 to carry out the modification authorized by this section. SEC. 92. (a) The hurricane-flood protection project on Lake Pont- Lake Pontchar- train, L a . , project chartrain, Louisiana, authorized by section 204 of the Flood Control modification. Act of 1965 (Public Law 89-298) is hereby modified to provide that 79 Stat. 1077. non-Federal public bodies may agree to pay the unpaid balance of the cash payment due, with interest, in yearly installments. The yearly installments will be initiated when the Secretary determines that the project is complete but in no case shall the initial installment be delayed more than ten years after the initiation of project construction. Each installment shall not be less than one twenty-fifth of the remain- ing unpaid balance plus interest on such balance, and the total of such installments shall be sufficient to achieve full payment, including inter- est, within twenty-five years of the initiation of project construction. (b) The rate of interest on the unpaid balance shall be that specified in section 301(b) of the Water Supply Act of 1958 (Public Law 85-500). 72 Stat. 3 1 9 . (c) Any payment agreement pursuant to the provisions of this Act shall be in writing, and the provisions of subsections (b), (c), and (e) of section 221 of the Flood Control Act of 1970 (Public Law 91-611) 42 u s e 1962d- 5b. shall be applicable to such written agreement. SEC. 93. Section 107 of the River and Harbor Act of 1948 (62 Stat. 1174) is amended by striking out "$22,000" and inserting in lieu 22 u s e 275a. thereof "$45,000". SEC. 94. (a) The Secretary of the Army, acting through the Chief Boone County, Ky., flood dam- of Engineers, is authorized and directed, in coordination with the State age. of Kentucky and appropriate local agencies, (1) to repair existing flood damage to River Road at Rabbit Hash, Boone County. Kentucky, or, as appropriate, to relocate River Road, (2) to repair existing flood damage to Huff Road (also known as Ryle Road) at Hamilton Land- ing, Boone County, Kentucky, or, as appropriate, to relocate Huff Road, and (3) to construct needed streambank protection works to prevent future erosion damage to public and private facilities at and near Boone County, Kentucky.
40 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. Appropriation. (b) There is authorized to be appropriated not to exceed $375,000 for the roadwork authorized by this section and not to exceed $600,000 to construct the bank protection works. R u s s i a n River, Calif., project SEC. 95. The project for Russian River, Dry Creek, California, as modification. authorized in section 203 of the Flood Control Act of 1962 (76 Stat. 80 Stat. 1428. 1173), as modified, is further modified to authorize and direct the Sec- retary of the Army, acting through the Chief of Engineers, to com- pensate for fish losses on the Russian River which may be attributed to the operation of the Coyote Dam component of the project through measures such as possible expansion of the capacity of the fish hatchery at the Warm Springs Dam component of the project. Kehoe L a k e , Ky., s t u d y . SEC. 96. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to investigate and study the feasibility of acquiring, as a part of the project for Kehoe Lake, Ken- tucky, authorized by the Flood Control Act of 1966, an area consisting of approximately 4,000 acres for maintenance in its natural state and for the purpose of environmental investigations. Salisbury, Md. SEC. 97. (a) If the Secretary of the Army acting through the Chief of Engineers, finds that the proposed project in Salisbury, Maryland, to be undertaken at the locations to be declared nonnavigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of any bulkheading and filling and permanent pile-supported structures, in order to pre- serve and maintain the remaining navigable waterway and on the basis of environmental studies conducted pursuant to the National Environ- 42 u s e 4321 mental Policy Act of 1969, then those portions of the South Prong of note. the Wicomico River in Wicomico County, State of Maryland, bounded and described as foUoAvs, are declared to be not a navigable water of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given, consistent with subsection (b) of this section, to the filling in of a part thereof or the erection of permanent pile-supported structures thereon: That portion of the South Prong of the Wicomico River in Salisbury, Maryland, bounded on the east by the west side of United States Route 13; on the west by the west side of the Mill Street Bridge; on the south by a line five feet landward from the present water's edge at high tide extending the entire length of the South Pi-ong from the east boundary at United States Route 13 to the west boundary at the Mill Street Bridge; and on the north by a line five feet landward from the present water's edge at high tide extending the entire length of the South Prong from the east boundary at United States Route 13 to the west boundary at the Mill Street Bridge. (b) This declaration shall apply only to the portions of the areas described in subsection (a) which are bulkheaded and filled or occu- pied bv permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers. Such bulkheaded and filled areas or areas occupied by permanent pile- supported structures shall not reduce the existing width of the Wicom- ico River to less than sixty feet and a minimum depth of five feet shall be maintained within such sixty-foot width of the Wicomico River. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section. Broadway L a k e , SEC. 98. The Secretary of the Army, acting through the Chief of S . C , demonstra- tion project. Engineers, is authorized and directed to undertake a demonstration project for the removal of silt and aquatic growth from Broadway Lake, Anderson County. South Carolina, at an estimated cost of $400,000. The Secretary shall report to the Administrator of the
88 STAT, ] PUBLIC LAW 93-251-IVlAR. 7, 1974 41 Environmental Protection Agency the plans for and the results of such project together with such recommendations as he determines neces- sary to assist in carrying out the program for fresh water lakes under 86 Stat. 8 7 5 . section 314 of the Federal Water Pollution Control Act. Cache River SEC. 99. The Cache River Basin Project Feature Mississippi River B a s i n , Ark., land and Tributaries Project, Arkansas, authorized by the Flood Control acquisition, 64 Stat. 172. Act approved May 17, 1950, is hereby modified to provide for acquisi- tion by fee or easements, of not more than seventy thousand acres of land for fish and wildlife management, recreation, and environmental purposes, of which not less than thirty thousand acres shall be avail- able for public use in accordance with the recommendations of the Chief of Engineers in House Document Numbered 92-366. The total Federal expenditure for this acquisition shall not exceed $7,000,000 and local interests shall contribute 50 per centum of any cost in excess of $6,000,000. No action may be initiated for any taking of pro- spective mitigation lands until an offer has firet been made to the landowner thereof to take only an environmental easement. Easement- taking offers shall allow the landowner the choice of either keeping access subject to private control or allowing public access. Easements for environmental purposes on lands not cleared at the time of taking shall prevent clearing of the land for commercial agricultural pur- poses or any other purpose inconsistent with wildlife habitat but shall allow any landowners to manage the lands to provide a perpetual, regularly harvested hardwood forest, which may be harvested in such a manner as to provide food and habitat for a variety of wildlife. Selection of areas and designation of use shall be within tlie discretion of the Chief of Engineers. Section 401 of the Act of June 15, 1935 (16 U.S.C. 715s), pertaining to the distribution of revenues, is hereby extended and made applicable to those lands acquired hereunder by the Department of the Army, Corps of Engineers, for mitigation pur- poses upon their transfer to the Department of the Interior, or any other governmental agency. No less than 20 per centum of the funds appropriated each fiscal year for the Cache River project shall be appropriated to implement mitigation until the full mitigation amount has been appropriated. Knife River SEC. 100. The Knife River Harbor project on Lake Superior, Minne- Harbor, Minn., sota, is hereby modified to require the Secretary of the Army, acting project modifica- tion. through the Chief of Engineers, to construct such measures as the Chief of Engineers determines necessary to correct the design defi- ciency which results in unsatisfactory entrance and mooring condi- tions at such hai-bor, at an estimaJted cost of $850,000. Rahway River, SEC. 101. The project for flood protection on the Rahway River, New N.J. Jersey, authorized by the Flood Control Act of 1965 is hereby modi- 79 Stat. 1075. fied to provide that the costs of relocations of utilities within the chan- nel walls shall be borne by the United States. Chariton River, SEC. 102. The project for flood protection on the Chariton River, Iowa and Mo., Iowa and Missouri, as authorized by the Flood Control Act of 1954 (68 project modifica- Stat. 1262) is modified to authorize and direct the Secretary of the tion. Army to make a payment of $700,000 to the Iowa Conservation Com- mission toward the cost of construction by such Commission of the fish hatchery planned to be constructed for the purpose of restoring fish losses resulting from the construction of Rathbun, Saylorville, Coralville, and Red Rock Dam and Lake in the State of Iowa. No such payment shall be made until the Secretary of the Army, acting through the Chief of Engineers, shall have approved the plans for such fish hatchery. SEC. 103. The project for the Kansas River, Kansas, Nebraska, and K a n s a s River, project modifica- Colorado, authorized by the Flood Control Act of 1962 (76 Stat. 1180, tion. 1187) is hereby modified to provide that the Secretary of the Army,
42 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. acting through the Chief of Engineers, is authorized to relocate the existing F A S 1343 crossing over the Vermilion Creek, as required for the Onaga Lake project, in advance of construction of such project. son'raTet^w^ v'^a^' ^^^- ^^^' "^^^ requirements of section 221 of the Flood Control 42 usc'i962d-* Act of 1970 (Public Law 91-611) shall not apply to any agreements, ^^' to include agreements on recreational development, between the Fed- eral Government and the State of "West Virginia for local cooperation as a condition for the construction of the project for Stonewall Jackson Lake, West Fork River, West Virginia, authorized by section 203 of 80 Stat. 1421. the Flood Control Act of 1966 (Public Law 89-789). The Secretary of the Army, acting through the Chief of Engineers, is authorized to contract with the State of West Virginia on the items of local cooperation for the Stonewall Jackson Lake project, which are to be assumed by the State, notwithstanding that the State may elect to make its performance of any obligation contingent upon the State legislature making the necessary appropriations and funds being allocated for the same or subject to the availability of funds on the part of the State. souris River, gj,^_ -^QQ "j^j^g proiect for flood protection on the Souris River at N . D a k . , flood _ . i - r ^ i TI -i • p ^ /-^ protection. Mmot, JNorth l^akota, ajjproved by resolutions oi the Committees on 33 u s e 70Ic Public Works of the Senate,and House of Representatives under the note. authority of section 201 of the Flood Control Act of 1968, is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to reimburse the designated non-Federal public bodies for the estimated additional cost being incurred by them for lands and relocations in the proposed channel realignment at the Third Avenue N.E. Bridge in Minot. The amount of reimbui-sable costs shall not exceed $200,000. Chester Bridge, §^0. 106. Notwithstanding section 105 of the River and Harbor Act of 1966 (80 Stat. 1406) or any other provision of the law, the States of Illinois and ]Missouri, which are connected by the bridge con- 54 Stat. 765. structcd by the city of Chester, Illinois, pursuant to Public Law 76-751 7 2 Stat. 355. j^j^,(j p^bijc Law 85-512, are authorized to contract individually or jointly with the city of Chester, Illinois, on or before June 1, 1974, to assume responsibility for the operation, maintenance, and repair of the Chester Bridge and the approaches thereto and lawful expenses incurred in connection therewith (exclusive of principal, interest, and financing charges on the outstanding indebtedness on such bridge and approaches). When either or both States enter into such an agreement, all tolls thereafter charged for transit over such bridge shall, except as provided in the last two sentences of this Act, be used exclusively (A) to retire outstanding indebtedness (including reasonable interest and financing charges) on the bridge and approaches thereto and (B) credited into a sinking fund established for such bridge. No tolls shall be charged for transit over such bridge after the outstanding indebted- ness on the bridge and approaches (including reasonable interest and financing charges) has been retired, or sufficient funds are available through the sinking fund to pay off all outstanding indebtedness (including reasonable interest and financing charges) on such bridge and approaches. If a State declines or is unable to participate in the agreement authorized by this Act, the other State may assume the responsibilities such State would have assumed under such an agree- ment. In that event, the assuming State shall be entitled to receive from toll revenues, after provision is made for principal and interest pay- ments on any indebtedness then outstanding on the bridge and its approaches, as reimbursement, an amount of money (no less often than annually) which is equal to the nonparticipating State's fair share of the operating, maintenance, repair, and other laAvful costs incurred in connection with the bridge and its approaches.
88 STAT. ] PUBLIC LAW 93-251-MAR. 7, 1974 43~ SEC. 107. If the Secretary of the Army, acting through the Chief of Engineers and in consultation with the Administrator of the Environ- mental Protection Agency and affected non-Federal interests, deter- mines that environmental, engineering, and economic considerations make it advisable to utilize the services of a regional or municipal sew- age treatment plant for the treatment of sewage resulting from the operating of recreation and other facilities at Corps of Engineers water resources development projects, then the Secretary is authorized to include as part of the reasonable service charges contemplated by section 313 of the Federal Water Pollution Control Act payment, in ^^ use 1323. whole or in part, for that portion of the costs of constructing the sew- age treatment plant which is attributable to the purpose of treating the sewage resulting from the operation of such Corps facilities. Pay- ment for such construction cost may be either in lump sum or on an installment basis. SEC. 108. (a) As used in this section the term "Secretary" shall "secretary." mean the Secretary of the Army, acting through the Chief of Engi- neers. The Secretary, in accordance with the national recreation area concept included in the interagency report prepared pursuant to sec- tion 218 of the Flood Control Act of 1968 (Public Law 90-483) by i«' use 460ee. the Corps of Engineers, the Department of the Interior, and the Department of Agriculture, as modified by this section, is authorized and directed to establish on the Big South Fork of the Cumberland Big south Fork River in Kentucky and Tennessee the Big South Fork National River and^n" c^re^auon and Recreation Area (hereafter in this section referred to as the Area. "National Area") for the purpost^s of conserving and interpreting an Establishment. area containing unique cultural, historic, geologic, fish and wildlife, archeologic, scenic, and recreational values, preserving as a natural, free-flowing stream the Big South Fork of the Cumberland River, major portions of its Clear Fork and New River stems, and portions of their various tributaries for the benefit and enjoyment of present and futui'e generations, the preservation of the natural integrity of the scenic gorges and valleys, and the development of the area's poten- tial for healthful outdoor recreation. The boundaries shall be as gen- Boundaries. erally depicted on the drawing prepared by the Corps of Engineers and entitled "Big South Fork National River and Recreation Area" identified as map number B S F - N R R A ( l ) (A) and dated October 1972, which shall be on file and available for public inspection in the office of the District Engineer, U.S. Army Engineer District, Nashville, Tennessee. (b) The Secretary shall establish the National Area by publication thf'r'iderli"" '" of notice thereof in the Federal Register when he determines that the Register. United States has acxjuired an acreage within the boundaries of the National Area that is efficiently administrable for the purposes of this section. After publication of notice, and after he has completed the construction of necessary access roads, day-use facilities, campground facilities, lodges, and administrative buildings, the Secretary shall transfer the jurisdiction of the National Area to the Secretary of the Interior who shall administer the National Area in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4), as amended and supplemented. I n the administration of the National Area the Secretary may utilize such statutory authority available to him for the conservation and management of wildlife and natural resources as he deems appropriate to c a n y out the purposes of this section. The Secretary of the Interior may, after transfer to him, revise the boundaries from time to time, but the total acreage within such boundaries shall not exceed one hundred and twenty-five
44 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. thousand acres. Following such transfer the authorities available to the Secretary in subsection (c) of this section shall likewise be avail- able to the Secretary of the Interior. The Secretary may, prior to the transfer to the Secretary of the Interior, revise the boundaries from time to time, but the total acreage within such boundaries shall not exceed one hundred and twenty-five thousand acres. Land, w a t e r s , acquisition. (c) (1) Within the boundaries of the National Area, the Secretary may acquire lands and waters or interests therein by donation, pur- chase with donated or appropriated funds, or exchange or otherwise, except that lands (other than roads and rights-of-way for roads) ow^ned by the States of Kentucky and Tennessee or any political sub- divisions thereof may be acquired only by donation. When an individ- ual tract of land is only partly within, the boundaries of the National Area, the Secretary may acquire all of the tract by any of the above methods in order to avoid the payment of severance costs. Land so acquired outside of the boundaries of the National Area may be exchanged by the Secretary for non-Federal lands within the National Area boundaries, and any portion of the land not utilized for such exchanges may be disposed of in accordance w^ith the provisions of the Federal Property and Administrative Services Act of 1949 F e d e r a l prop- (63 Stat. 377; 40 U.S.C. 471 et seq.), as amended. Notwithstanding erty, transfer. any other provision of law, any Federal property within the bound- aries of the National Area shall be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of this section. Residential (2) With the exception of property or any interest in property that property, right of u s e and occu- the Secretary determines is necessary for purposes of administration, pancy. preservation, or public use, any owner or owners (hereafter in this section referred to as "owner") of improved property used solely for noncommercial residential purposes on the date of its acquisition by the Secretary may retain the right of use and occupancy of such prop- erty for such purposes for a term, as the owner may elect, ending either (A) upon the death of the owner or his spouse, whichever occurs later, or (B) not more than twenty-five years from the date of acquisition. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value on such date of the term retained by the ow^ner. Such right: shall be sub- ject to such terms and conditions as the Secretary deems appropriate to assure that the property is used in accordance with the purposes of this section; may be transferred or assigned; and may be terminated with respect to the entire property by the Secretary upon his deter- mination that the property or any portion thereof has ceased to be used for noncommercial residential purposes, and upon tender to the holder of the right an amount equal to the fair market value, as of the date of the tender, of that portion of the right which remains unexpired on the date of termination. Any person residing upon improved property, subject to the right of acquisition by the Secretary as a tenant or by the sufferance of the owner or ownere of the property may be allowed to continue in such residence for the lifetime of such person or his spouse, whichever occurs later, subject to the same restrictions as applicable to owners residing upon such property and provided that any obligation or rental incurred as consideration for such tenancy shall accrue during such term to the United States to be used in the administration of this section. "Improved (3) As used in this section the term "improved property" means a property." detached year-round one-family dwelling which serves as the ow^nei^'s
88 STAT. ] PUBLIC LAW 93-251-MAR. 7, 1974 45 permanent place of abode at the time of acquisition, and construction of which was begun before J a n u a r y 1, 1974, together with so much of the land on which the dwelling is situated, such land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, except that the Secretary may exclude from any improved property any waters or land fronting thereon, together with so much of the land adjoining such waters or land as he deems necessary for public access thereto. (4) I n any case where the Secretary determines that underlying Mineral r i g h t s . minerals are removaJble consistent with the provisions of subsection (e) (3) of this section, the owner of the minerals underlying property acquired for the purposes of this section may retain such interest. The Secretary shall reserve the right to inspect and regulate the extraction of such minerals to insure that the values enumerated in subsection (a) are not reduced and that the purposes declared in subsection (e) (1) are not interfered with. (d) The Secretary, and the Secretary of the Interior after jurisdic- Hunting, fishing, trapping. tion over the National Area has been transferred to him under subsec- tion (b) of this section, shall permit hunting, fishing, and trapping on lands and waters under his jurisdiction within the boundaries of the National Area in accordance with applicable Federal and State laws, except that he may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, fish or wildlife management, or pub- lic use and enjoyment. Except in emergencies, any rules and regula- tions of the Secretary or the Secretary of the Interior pursuant to this subsection shall be put into effect only after consultation with the appropriate State agency responsible for hunting, fishing, and trap- ping activities. (e) (1) The National Area shall be established and managed for the purposes of preserving and interpreting the scenic, biological, archeological, and historical resources of the river gorge areas and developing the natural recreational potential of the area for the enjoyment of the public and for the benefit of the economy of the region. The area within the boundary of the National Area shall be divided into two categories; namely, the gorge areas and adjacent areas as hereinafter defined. (2) (A) Within the gorge area, no extraction of, or prospecting for Gorge a r e a , restrictions. minerals, petroleum products, or gas shall be permitted. No timber shall be cut within the gorge area except for limited clearing necessary for establishment of day-use facilities, historical sites, primitive camp- grounds, and access roads. No structures shall be constructed within the gorge except for reconstruction and improvement of the historical sites specified in paragraphs (5) and (6) of this subsection and except for necessary day-use facilities along the primary and secondary access routes specified herein and within five hundred feet of such roads, and except for primitive campgrounds accessible only by water or on foot. No motorized transportation shall be allowed in the gorge area except on designated access routes. (B) Primary access routes into the gorge area may be constructed Access routes. or improved upon the general route of the following designated roads: Tennessee Highway Numbered 52, F A S 2451 (Leatherwood Ford Road), the road into the Blue Heron Community, and Kentucky Highway Numbered 92.
46 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. (C) Secondary access roads in the gorge area may be constructed or improved upon the following routes: the roads from Smith Town, Kentucky, to Worley, Kentucky, the road crossing the Clear Fork at Burnt Mill Bridge, the road from Goad, Tennessee, to Zenith, Ten- nessee, the road from Co-Operative, Kentucky, to Kentucky Highway Numbered 92, the road entering the gorge across from the mouth of Alum Creek in Kentucky, the road crossing the Clear Fork at Peters Bridge. (D) All other existing roads in the gorge area shall be maintained for nonvehicular traffic only, except that nothing in this section shall abrogate the right of ingress and egress of those who remain in occu- pancy under subsection (c) (1) of this section. ( E ) Road improvement or maintenance and any construction of roads or facilities in the gorge area as permitted by this section shall be accomplished by the Secretary in a manner that will protect the declared values of this unique natural scenic resource. Adjacent a r e a s , restrictions. (3) In adjacent areas: the removal of timber shall be permitted only where required for the development or maintenance of public use and for administrative sites and shall be accomplished with careful regard for scenic and environmental values; prospecting for minerals and the extraction of minerals from the adjacent areas shall be permitted only where the adit to any such mine can be located outside the boundary of the National Area; no surface mining or strip mining shall be permitted; prospecting and drilling for petroleum products and natural gas shall be permitted in the adjacent area under such Regulations. regulations as the Secretary or the Secretary of the Interior, after jurisdiction over the national river and recreation area has been trans- ferred to him under subsection (b) of this section, may prescribe to minimize detrimental environment impact, such regulations shall pro- vide among other things for an area limitation for each such opera- tion, zones where operations will not be permitted, and safeguards to prevent air and water pollution; no storage facilities for petroleum products or natural gas shall be located within the boundary of the National Area except as necessary and incidental to production; the Secretary is authorized to construct two lodges with recreational facil- ities within the adjacent areas so as to maximize and enhance pub- lic use and enjoyment of the National Area; construction of all roads and facilities in the adjacent areas shall be undertaken with careful regard for the maintenance of the scenic and esthetic values of the gorge area and the adjacent areas. Boundaries. (4) The gorge area as set out in paragraphs (1) and (2) of this subsection shall consist of all lands and waters of the Big South Fork, Clear Fork, and New River which lie between the gorge or valley rim on either side (where the rim, is not clearly defined by topography, the gorge boundary shall be established at an elevation no lower than that of the nearest clearly demarked rim on the same side of the valley), and those portions of the main tributaries and streams in the watersheds of the Big South Fork, Clear Fork, and New River that lie within a gorge or valley rim on either side, except that no lands or waters noi'th of Kentucky Highway Numbered 92 shall be included. The designated adjacent areas shall consist of the balance of the National Area. (5) The Secretary, and the Secretary of the Interior, shall consult and cooperate with the Tennessee Historical Commission and the Rugby Restoration Association and Avith other iuA olved agencies and
88 STAT.] PUBLIC LAW 93-251-MAR. 7, 1974 47 associations, both public and private, concerning the development and management of the National Area in the area adjacent to Rugby, Tennessee. Development within the area adjacent to Rugby, Tennes- see, shall be designed toward preserving and enhancing the historical integrity of the community and any historical sites within the bound- ary of the National Area. (6) The Secretary, or the Secretary of the Interior, after jurisdic- Blue Heron Mine community, tion over the National Area has been transferred to him under subsec- restoration. tion (b) of this section, shall provide for the restoration of the Blue Heron Mine community in a manner which will preserve and enhance the historical integrity of the community and will contribute to the public's understanding and enjoyment of its historical value. To that end the Secretary, or the Secretary of the Interior, after jurisdiction over the National Area has been transferred to him under subsection (b) of this section, may construct and improve structures within and may construct and improve a road into this community. (7) The Secretary shall study the desirability and feasibility of R a i l transpor- tation, study. reestablishing rail transportation on the abandoned O&W railbed or an alternative mode of transportation within the National Area upon the O&W roadbed, and shall report to Congress his recommendation with Report to Congress. regard to development of this facility. (f) The Federal Power Commission shall not license the construc- tion of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act (41 Stat. 1063) as amended (16 U.S.C. 791a et seq.), within or directly affecting the National Area and no department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which the National Area was established. Nothing- contained in the preceding sentence shall preclude licensing of, or assistance to, developments below or above the National Area or on any stream tributary thereto which will not invade the National Area or unreasonably diminish the scenic, recreation, and fish and wildlife values present in the area on the date of enactment of this section. No department or agency of the United States shall recommend authoriza- tion of any water resources project that would have a direct and adverse effect on the values for which the National Area was established, or request appropriations to begin construction of any such proiect, whether heretofore or hereafter authorized, without advising the Sec- retary or the Secretary of the Interior, after jurisdiction over the National Area has been transferred to him under subsection (h) of this section, in writins^ of its iTitention so to do at least sixty davs in advance, and without specifically rcDorting to the Confl^ress in writin'if at the time it makes its recommendations or request in what respect construction of such proiect would be in conflict with the purposes of this section and would affect the National Area and the values to be protected under this section. Transportation (g) The Secretary shall study transDortation facilities in the reirion f a c i l i t i e s , study served by the National Area and shall establish transportation facili- and e s t a b l i s h - ment. ties to enhance public access to the National Areft. In this connection the Secretary is authorized to acquire and maintain public roads, other than State highways, necessary to serve the public use facilities within the National Area, and to establish and maintain, at Federal cost an interior and circulatinsf road system sufficient to meet the pur- poses of this section. Any existing public road, which at the time of its acquisition continues to be a necessary and essential part of the county
48 PUBLIC LAW 93-251-MAR. 7, 1974 [88 STAT. highway system, may, upon mutual agreement between the Secretary and the owner of such road, be relocated outside of the National Area and if not so relocated such road shall be maintained at Federal expense and kept open at all times for general travel purposes. Nothing in this subsection shall abrogate the right of egress and ingress of those persons who may remain in occupancy under subsection (c) of this section. Nothing in this subsection shall preclude the adjustment, relocation, reconstruction, or abandonment of State highways situated in the National Area, with the concurrence of the agency having the custody of such highways upon entering into such arrangements as the Secretary or the Secretary of the Interior, after jurisdiction over the National Area has been transferred to him under subsection (b) of this section, deems appropriate and in the best interest of the general welfare. New River, (h) In furtherance of the purpose of this subsection the Secretary T e n n . , compre- h e n s i v e plan. in cooperation with the Secretary of Agriculture, the heads of other Federal departments and agencies involved, and the State of Tennessee and its political subdivisions, shall fornnilate a comprehensive plan for that portion of the New River that lies upstream from United States Highway Numbered 27. Such plan shall include, among other things, programs to enhance the environment and conserve and develop natural resources, and to minimize siltation and acid mine drainage. P l a n , transmit- t a l to C o n g r e s s . Such plan, with recommendations, including those as to costs and administrative responsibilities, shall be completed and transmitted to the Congress within one year from the date of enactment of this section. Water quality, (i) The Secretary or the Secretary of the Interior, after jurisdic- protection. tion over the National Area has been transferred to him under sub- section (b) of this subsection, shall consult and cooperate with other departments and agencies of the LTnited St^ates and the States of Tennessee and Kentucky in the development of measures and programs to protect and enhance water quality within the National Area and to insure that such programs for the protection and enhancement of water quality do not diminish other values tliat are to be protected under this section. (j) (1) Until such time as the transfer of jurisdiction to the Secre- tary of the Interior authorized by subsection (b) of this section shall take place, for the purpose of financially assisting the States of Ten- nessee and Kentucky, McCreary County, Kentucky, and Scott, Mor- gan, Pickett, and Fentress Counties in Tennessee, because of losses which these jurisdictions will sustain by reason of the fact that certain lands and other property within their boundaries may be included within the National Area established by this section and thereafter will no longer be subject to real and personal property taxes levied or imposed by them, payments shall be made to them on an annual basis in an amount equal to those taxes levied or imposed on such property for the last taxable year immediately preceding the date of enactment of this section. Appropriations. (2) For the purpose of enabling the Secretary to make such pay- ments during the fiscal years, ending June 30, 1975, June 80, 1976, June 30, 1977, J u n e 30, 1978, and June 30, 1979, tliere are authorized to be appropriated such sums as maj^ be necessary. (k) There are authorized to be aj)propriated $32,850,000 to carry out the provisions of this section, other than subsection (j) of this sec- tion. No moneys shall be appropriated from the Land and AYater Conservation Fund to carry out the purposes of this section.
88 STAT. ] PUBLIC LAW 93-252-MAR. 16, 1974 49 SEC. 109. This title may be cited as the "Water Eesources Devel- C i t a t i o n of title, opment Act of 1974". 42 u s e 1962d- 5c n o t e . River B a s i n TITLE II—RIVEK BASIN MONETARY AUTHORIZATIONS Monetary Author- i z a t i o n Act of SEC. 201. (a) I n addition to previous authorizations, there is hereby 1974. authorized to be appropriated for the prosecution of the comprehen- sive plan of development of each river basin under the jurisdiction of the Secretary of the Army referred to in the first column below, which was basically authorized by the Act referred to by date of enactment in the second column below, an amount not to exceed that shown oppo- site such river basin in the third column below: Date Amount Alabama-Coosa River Basin Mar. 2,1945 531,000,000 Arl<ansas River Basin June 28,1938 14,000,000 Brazos River Basin. Sept. 3,1954 19,000,000 Central and southern Florida June 30,1948 15,000,000 Columbia River Basin. June 28,1944 94,000,000 Mississippi River and tributaries May 15,1928 211,000,000 Missouri River Basin June 28,1938 72,000,000 North Branch, Susquehanna River Basin July 3,1958 64,000,000 Ohio River Basin. June 22,1936 120,000,000 Ouachita River Basin May 17,1950 4,000,000 Red River Waterway project Aug. 13,1968 9,000,000 San Joaquin River Basin Dec. 22,1944 83,000,000 South Platte River Basin May 17,1950 15,000,000 Upper Mississippi River Basin June 28,1938 4,000,000 White River Basin do 9,000,000 (b) The total amount authorized to be appropriated by this section Limitation. shall not exceed $764,000,000. SEC. 202. The Secretary of the Army, acting through the Chief of Engineers, is authorized to initiate the second phase of the bank ero- sion control works and setback levees on the Sacramento River, California, authorized by the Flood Control Act of 1960, in accord- 74 S t a t . 4 9 8 . ance with the recommendations of the Chief of Engineers in House Document Numbered 93-151, and the monetary authorization for the Sacramento River Basin, basically authorized by the Act of Decem- ber 22, 1944, is increased by not to exceed $16,000,000 for such 58 S t a t . 9 0 0 . purpose. C i t a t i o n of SEC. 203. This title may be cited as the "River Basin Monetary title. Authorization Act of 1974". Approved March 7, 1974. Public Law 93-252 JOINT RESOLUTION March 16, 1974 [H. J . R e s . 905] Extending the filing date of the 1974 Joint Economic Committee report. Resolved l>y the Senate and House of Representatives of the United States of America in Congress assembled, That S.J. Res. Economic r e - port. 182, amending the provisions of section 3(a) of the Employment Time e x t e n s i o n . Act of 1946, be further amended by changing the filing date of the 15 u s e 1022. Joint Economic Committee report from March 13, 1974, to March 29, 1974. Approved March 16, 1974.