text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/737

 PUBLIC LAW 99-662—NOV. 17, 1986 • •"

100 STAT. 4211

MAINE

That portion of the project for navigation, Bar Harbor, Maine, . ^.. authorized by the River and Harbor Act of August 11, 1888, and the River and Harbor Act of September 19, 1890, which portion consists of completing the breakwater to its fully authorized cross section. The Dickey-Lincoln School project, Saint John River, Maine, authorized by section 204 of the Flood Control Act of 1965. 79 Stat. 1074. That portion of the project for navigation, Kennebec River, Maine, authorized by the River and Harbor Act of June 13, 1902, which portion consists of the 27-foot channel above the 32 Stat. 331. bridge at Bath, Maine. That portion of the project for navigation, Rockland Harbor, Maine, authorized by the Act of June 29, 1956, Public Law 630, Eighty-fourth Congress, which portion consists of an 18-foot 70 Stat. 407. access channel, 100 feet wide and 900 feet long to the shipyard along southern waterfront, and uncompleted portions of the outer limits of three branch channels along the central waterfront. MARYLAND

The feature of the project for navigation, Baltimore Harbor and channels, Maryland, authorized by the River and Harbor Acts of August 8, 1917, January 21, 1927, July 3, 1930, October 17, 1940, March 2, 1945, July 3, 1958, and December 31, 1970, which feature consists of a navigation channel 150 feet wide to Ferry Bar and thence 27 feet deep and 150 feet wide to the Hanover Street Bridge.

46 Stat. 918. 59 Stat. 10. 72 Stat. 297. 84 Stat. 818. i;> a; &

MASSACHUSETTS

The project for navigation, Edgartown Harbor, Massachusetts, authorized by section 201 of the Flood Control Act of 1965 42 USC 1962d-5. and approved by resolution adopted by the Committee on Public Works of the House of Representatives on December 15, 1970, and by the Committee on Public Works of the Senate on December 19, 1970. The feature of the project for navigation. Fall River Harbor Channel, Massachusetts, authorized by the Act of July 3, 1930, ,. Public Law 520, Seventy-first Congress, which feature consists of rock removal to a depth of 30 feet at the lower end of Hog Island Shoal at the north side of the entreuice to Mount Hope Bay. The project for navigation, Ipswich River, Massachusetts, authorized by the Flood Control Act of 1968. 82 Stat. 739. The feature of the project for navigation, Nantucket Harbor of Refuge Anchorage, Massachusetts, authorized by the River ,|; and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth Congress, which feature consists of 15-foot deep anchorage, 2,800 feet long by 300 to 1,100 feet wide near the west side of the s.,., ^^. inner harbor, and a 15-foot deep fairway 200 feet wide between the anchorage and the madn waterfront. The project for navigation, New Bedford and Fairhaven Harbor, Bristol County, Massachusetts, authorized by the River and Harbor Act of July 25, 1912, Public Law 241, Sixty-second Congress.

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/738

 100 STAT. 4212

PUBLIC LAW 99-662—NOV. 17, 1986 The feature of the project for navigation, Newburyport Harbor, Essex County, Massachusetts, authorized by the Act of

59 Stat. 10.

March 2, 1945, Public Law 14, Seventy-ninth Congress, which

82 Stat. 731.

84 Stat. 1818. ' ' /

•

64 Stat. 163. 68 Stat. 1248.

49 Stat. 1028.

80 Stat. 1405.

74 Stat. 480.

..

82 Stat. 731. 60 Stat. 634.

21 Stat. 180.

feature consists of deepening the entrance channel from 12 to 15 feet and deepening the turning basin along the Newburyport waterfront from 9 to 12 feet. The Nookagee Lake feature of the project for flood control. North Nashua River, Massachusetts, authorized by the Flood Control Act of 1968, which feature consists of a multiple-purpose earthfill dam and reservoir on the North Nashua River in Westminster, Massachusetts. The project for navigation. Pleasant Bay, Massachusetts, authorized by the Flood Control Act of 1970. The feature of the project for navigation, Salem Harbor, Essex County, Massachusetts, authorized by the Act of March 2, 1945, Public Law 14, Seventy-ninth Congress, which feature consists of deepening to 10 feet a channel from deep water in the central part of Salem Harbor to Pickering Wharf near the South River. The uncompleted groin feature of the project for beach erosion control, Winthrop Beach, Massachusetts, authorized by the River and Harbor Act of 1950. The feature of the project for navigation, Lynn Harbor, Massachusetts, authorized by the River and Harbor Act of 1954, which feature consists of enlarging the turning basin to include the easterly 300 feet of the municipal channel. The feature of the project for navigation, Lynn Harbor, Massachusetts, authorized by the River and Harbor Act of August 30, 1935, Public Law 409, Seventy-fourth Congress, which feature consists of deepening from 22 to 25 feet a 2.7-mile channel from Bass Point to and including a turning basin at the head of Lynn Harbor. The project for flood control, Monoosnoc Brook, Massachusetts, authorized by the River and Harbor Act of 1966. The project for flood control, Monoosnoc Lake, Worcester County, Massachusetts, authorized by the River and Harbor Act of November 7, 1966. The feature of the project for beach erosion control. Cape Cod Canal to Provincetown, Massachusetts (Town Neck Beach), authorized by the River and Harbor Act of 1960 which feature consists of widening approximately 6,500 feet of beach east of the eastern entrance to Cape Cod Canal to 125 feet and raising the inshore end of the existing east jetty at the east entrance to such Canal. MICHIGAN,

,,

The project for navigation, Forestville Harbor, Michigan, authorized by the River and Harbor Act of 1968. The project for navigation. Middle Channel, Saint Clair River, Michigan, authorized by the River and Harbor Act of July 24, 1946, Public Law 525, Seventy-ninth Congress. The project for flood control. Red Run Drain, Lower Clinton River, Michigan, authorized by the Flood Control Act of 1970. The uncompleted portion of the project for navigation. Grand Marais Harbor, Michigan, authorized by the River and Harbor Act of June 14, 1880, which portion consists of widening the inner portion of the channel from 250 to 300 feet.

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/739

 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4213

• The uncompleted portion of the project for navigation, Keweenaw Waterway, Houghton County, Michigan, authorized by the River and Harbor Act of August 30, 1935, Public Law 409, Seventy-third Congress, which portion consists of extending the lower entrance breakwater by 2,000 feet, including the necessary alteration or replacement of structures due to channel deepening. The turning basin feature of the project for navigation, Ontonagon Harbor, Ontonagon County, Michigan, authorized by the River and Harbor Act of 1962. The Sanilac Flats feature of the project for flood control, Saginaw River, Michigan, authorized by the Flood Control Act of 1958, which feature provides for major drainage improvements on Middle Branch and South Branch, Cross River, and a short reach of East Branch. The Corunna feature of the project for flood control, Saginaw River, Michigan, authorized by the Flood Control Act of 1958, which feature provides for flood protection by channel improvement, levee construction, and related work including construction of a 1,500 foot levee on the right bank; widening of two constrictive reaches of the Saginaw River at, and downstream of, the mill dam; enlargement of the spillway capacity of the mill dam; and removal of the remains of an abandoned railway bridge at the tile plant. The Owosso feature of the project for flood control, Saginaw River, Michigan, authorized by the Flood Control Act of 1958, which feature provides flood protection by enlarging the river channel from the Ann Arbor Railroad Bridge to the city sewage treatment plant, removal of a portion of a building which encroaches on the river channel, removal of four dams and underpinning of the Main Street Bridge, and the provision of scour protection of four bridges. The project for beach erosion control, Berrien County, Michigan (Saint Joseph Shore), authorized by the Flood Control Act of 1958. The feature of the project for navigation, Alpena Harbor, Michigan, authorized by the River and Harbor Act of 1965, which feature consists of the proposed turning basin and breakwater reconfiguration.

49 Stat. 1028.

76 Stat. 1173. 72 Stat. 297.

 * ,.,.i \,^,

•"«

79 Stat. 1089.

MINNESOTA

The project for flood control, Warroad River and Bull Dog Creek, Minnesota, authorized by the Flood Control Act of 1962. 76 Stat. 1180. The feature of the navigation project for the Mississippi River between the Missouri River and Minneapolis, Minnesota, authorized by the River and Harbor Act of July 3, 1930, which 46 Stat. 918. feature consists of extension of the upper guidewall about 600 feet in length at lock numbered 3. MISSISSIPPI

The project for navigation, Biloxi Harbor, Old Fort Bayou, Mississippi, authorized by the River and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth Congress. 59 Stat. 10. j^ y^

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/740

 100 STAT. 4214

49 Stat. 1570. u^ f.« r x

PUBLIC LAW 99-662—NOV. 17, 1986

The project for flood control, Buffalo River, Mississippi, authorized by the Flood Control Act of June 22, 1936, Public Law 738, Seventy-fourth Congress. '^^^ project for navigation, Pascagoula Harbor, Main Channel, Mississippi, authorized by the River and Harbor Act of .y, March 2, 1827. MISSOURI

The project for recreation. Angler Use Sites, Missouri, au80 Stat. 1418. ^ thorized by the Flood Control Act of 1966. The project for flood control, Mississippi River Agricultural Area 12, Missouri, authorized by the Flood Control Act of 1966. The project for hydroelectric power, Pomme de Terre Lake (Power Project), Missouri, authorized by the Flood Control Act 68 Stat. 1248. • of 1954. The project for navigation, Sandy Slough Remedial Meeisures, ""'^' Missouri, authorized by the River and Harbor Act of 1962. The project for flood control. Mill Creek Lake, Missouri, 84 Stat. 1818. authorized by the Flood Control Act of 1970. NEBRASKA

The project for flood control. Little Nemaha River, Nemaha 79 Stat. 1073.

,£.

County, N e b r a s k a, authorized by the Flood Control Act of 1965. ,.

NEVADA

The project for flood control, Gleason Creek Dam, Nevada, authorized by the Flood Control Act of 1960. The project for flood control, Humboldt River and Tributaries, Nevada, authorized by the Flood Control Act of 1950.

74 Stat. 488. 64 Stat. 163.

NEW JERSEY

If ee 68 Stat. 1248. 80 Stat. 1405.

The feature of the project for navigation, Newark Bay, Hackensack and Passaic Rivers, New Jersey, authorized by the River and Harbor Act of 1954 and by the River and Harbor Act of 1966 which feature consists of deepening of portions of the H a c k e n s a c k River to 32 and 15 feet. NEW YORK

60 Stat. 641.

, 49 Stat. 1028. '^

The project for flood control, Allegany, New York, Unit 2, Five Mile Creek, authorized by the Flood Control Act of July 24, 1946, Public Law 526, Seventy-ninth Congress. The project for flood control, Allegany, New York, Unit 1, Allegheny River, authorized by the Flood Control Act of July 24, 1946, Public Law 526, Seventy-ninth Congress. The project for navigation, Hudson River, New York City to Albany (12-foot harbors). New York, authorized by the River and Harbor Act of June 25, 1910, Public Law 264, Sixty-first Congress. The project for navigation, Hudson River, New York City to Albany (27-foot channel). New York, authorized by the Act of March 3, 1925, Public Law 585, Sixty-eighth Congress. The project for navigation, Ogdensburg Harbor, New York, authorized by the River and Harbor Act of August 30, 1935, Public Law 409, Seventy-third Congress.

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/741

 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4215

The project for flood control, Red Creek, New York, authorized by the Flood Control Act of 1966. The uncompleted portion of the project for navigation, Ticonderoga River, Essex County, New York, authorized by the River and Harbor Act of March 3, 1881. The project for navigation, Cape Vincent Harbor, New York, authorized by the River and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth Congress. The project for hurricane protection. East Rockaway Inlet to Rockaway Inlet, Part 2, New York, authorized by the Flood Control Act of 1965. The project for flood protection, Hammondsport, Glen Brook (Glen Brook Flume), New York, authorized by the Flood Control Act of August 18, 1941, Public Law 228, Seventy-seventh Congress.

80 Stat. 1418. ii

59 Stat. 10. 79 Stat. 1073.

55 Stat. 638.

NORTH CAROLINA

The feature of the project for navigation, Atlantic Intracoastal Waterway—Peltier Creek, Carteret County, North Carolina, authorized by the River and Harbor Act of 1954, which feature includes a 12-foot channel. Maintenance of the existing 6-foot deep by 50-foot wide channel shall remain authorized. The project for navigation, Atlantic Intracoastal Waterway Tidal Lock in Snows Cut, North Carolina, authorized by the River and Harbor Act of January 21, 1927, Public Law 560, Seventieth Congress. The feature of the project for beach erosion control, Fort Macon State Park, North Carolina, authorized by the River and Harbor Act of 1962 and the Flood Control Act of 1962, which feature includes placing of capstone and remaining portions of beach fill and replenishment thereof. The feature of the project for navigation, Morehead City Harbor, North Carolina, authorized by the River and Harbor Act of August 26, 1937, Public Law 392, Seventy-fifth Congress. The project for beach stabilization and hurricane protection, Ocracoke Island, North Carolina, authorized by the Flood Control Act of 1965. The project for beach stabilization and hurricane protection, Ocracoke Island-Village Shore, North Carolina, authorized by the Flood Control Act of 1965. The feature of the project for navigation, Ocracoke Inlet Jetty, Hyde County, North Carolina, authorized by the River and Harbor Act of 1960, which feature consists of a single jetty extending from Ocracoke Island to the 20-foot depth in the Atlantic Ocean. The portion of the project for navigation, Roanoke River, Halifax County, North Carolina, authorized by the River and Harbor Act of June 20, 1938, Public Law 685, Seventy-fifth Congress, which portion consists of constructing a 50-mile-long channel above Palmyra Landing to Weldon, North Carolina, 5 feet deep and 50 feet wide by dredging, snagging, and regulating.

68 Stat. 1248.

76 Stat. 1173, H^O.

74 Stat. 480.

^^

OHIO

The additional beartraps, guardwalls, and extension of guidewalls features of the project for navigation, Ohio River, Ohio, authorized by the Flood Control Act of 1937.

50 Stat. 877.

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/742

 100 STAT. 4216

52 Stat. 1215.

"i ^la i ^ ' ' ^

,3= ',d

-''

,, ^,. '* ^' " ' ' ' ' ' 76 Stat. 1180.

-HH The project for flood control, Burlington, Ohio, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventyfifth Congress. The project for flood control, Chesapeake, Ohio, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventyfifth Congress. The project for flood control, Empire-Stratton, Ohio, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. The project for flood control, Martins Ferry, Belmont County, Ohio, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. The project for flood control, Powhatan Point, Belmont County, Ohio, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. The project for flood control, Proctorville, Ohio, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventyfifth Congress. The project for flood control. South Point, Ohio, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventyfifth Congress. The project for flood control. Salt Creek Lake, Ohio, authorized by the Flood Control Act of 1962. '"'^

64 Stat. 170.

68 Stat. 1248.

79 Stat. 1073.

54 Stat. 202.

V: tri<: lit

PUBLIC LAW 99-662—NOV. 17, 1986

OREGON

,.,. /,..,,,..,;;>

The project for flood control, Columbia Drainage District No. 1, Oregon, authorized by the Flood Control Act of 1950. The project for flood control. Deer Island Drainage District, Oregon, authorized by the Flood Control Act of 1950. The project for flood control, Shelton Ditch, Marion County, Oregon, authorized by the Flood Control Act of 1950. The project for flood control, Umpqua River-Scholfield River, Oregon, authorized by the Flood Control Act of September 22, 1922, Public Law 362, Sixty-seventh Congress, and the Flood Control Act of 1954. The project for flood control, Cascadia Lake, Oregon, authorized by the Flood Control Act of 1962. The project for flood control. Gate Creek Lake, Oregon, authorized by the Flood Control Act of 1962. The project for flood control, Grande Ronde Lake, Oregon, authorized by the Flood Control Act of 1965. The project for flood control, Grande Ronde Valley, Oregon, authorized by the Flood Control Act of 1950. The project for flood control, HoUey Lake, Oregon, authorized by the Flood Control Act of 1950. The project for flood control, Pendleton Levees, Riverside Area, Oregon, authorized by the Flood Control Act of 1950. The uncompleted portions of the project for navigation, Willamette River above Portland and Yamill River, Oregon, authorized by the River and Harbor Act of June 3, 1896, as modified by the River and Harbor Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. The project for navigation, Willamette River at Willamette Falls, Oregon, authorized by the River and Harbor Act of June 25, 1910, Public Law 264, Sixty-first Congress, and the River and

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/743

 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4217

Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth Congress.

59 Stat. 10.

PENNSYLVANIA

The project for flood control, Brackenridge, Tarentum, and Natrona, Pennsylvania, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. 52 Stat. 1215. The project for navigation, Chester River, Delaware County (8-ft. channel), Pennsylvania, authorized by the River and Harbor Act of March 2, 1919, Public Law 323, Sixty-fifth Congress. The project for flood control, Leetsdale, Allegheny County, Levee and Drainage Facility, Pennsylvania, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventyfifth Congress. The project for flood control. Muddy Creek Lake, Pennsylva^ "^ ' ^ nia, authorized by the Flood Control Act of 1962. 76 Stat. 1180. The project for flood control, Neville Island, Pennsylvania, authorized by the Flood Control Act of June 28, 1938, Public, ^^,, Law 761, Seventy-fifth Congress. The project for flood control. New Kensington and Parnassus, Pennsylvania, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. The project for flood control, Rochester, Beaver County, Pennsylvania, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. The project for flood control, Trexler Dam and Lake, Lehigh County, Pennsylvania, authorized as part of the Delaware River Bsisin project pursuant to section 203 of the Flood Control Act of 1962. The project for navigation, Youghiogheny River Canalization, Pennsylvania, authorized by the River and Harbor Act of 1930, Public Law 395, Seventy-first Congress. 46 Stat. 918. The project for flood control, Aquashicola Lake, Pennsylvania, authorized by the Flood Control Act of 1962. The project for flood control, Maiden Creek Lake Earth Dam, Pennsylvania, authorized by the Flood Control Act of 1962. PUERTO RICO

The project for navigation, Fajardo Harbor (28 foot Channel arid Tidal Basin), Puerto Rico, authorized by the River and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth Congress. The project for navigation, Guayanes Harbor (23 foot channel and anchorage), Puerto Rico, authorized by the River and Harbor Act of August 26, 1937, Public Law 392, Seventy-fifth Congress. RHODE ISLAND

The features of the project for navigation. Great Salt Pond, Newport County, Rhode Island, authorized by the River and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth Congress, which features include a 1,200-foot long north jetty at the entrance to Great Salt Pond and a 12-foot access channel and basin in the inner harbor (Trim Pond).

^

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/744

 100 STAT. 4218

PUBLIC LAW 99-662—NOV. 17, 1986

^jQ

The features of the project for navigation, Harbor of Refuge, Block Island, Rhode Island, authorized by the River and Harbor Act of July 25, 1912, Public Law 241, Sixty-second Congress, which features include two 15-foot anchorages in the outer harbor. Washington County, Rhode Island, authorized by the River and Harbor Act of June 3, 1896, which portions include widening the middle section of the Little Narraganset Bay channel by an additional 100 feet to 200 feet, widening a 5,000 foot section of the river channel at Avondale by an additional 100 feet to 200 feet, and by deepening a 2,000 foot section of the upper river channel by an additional 3 feet to 10 feet. The portion of the project for navigation. Providence River and Harbor, Rhode Island, authorized by the River and Harbor Act of 1965, which portion consists of the branch channel along the India Point waterfront, 30 feet deep, 150 feet wide, and about 1,000 feet long. The project for flood control. Westerly Hurricane Protection, Rhode Island, authorized by the Flood Control Act of 1965.
 * The portions of the project for navigation, Pawcatuck River,

54 Stat. 202.

79 Stat. 1089.

79 Stat. 1073.

SOUTH CAROUNA

The project for navigation, Charleston Harbor, Ft. Moultrie Anchorage Area, South Carolina, authorized by the River and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth Congress. The project for navigation. Myrtle Beach, Anchorage Basin, South Carolina, authorized by the River and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth Congress. The project for flood control. Reedy River, Greenville, South Carolina, authorized by section 201 of the Flood Control Act of 1965 and approved by resolution of the Committee on Public Works of the House of Representatives, dated December 1970, and resolution of the Committee on Public Works of the Senate, dated December 1970.

59 Stat. 10.

42 USC 1962d-5.

TENNESSEE

52 Stat. 1215.

The project for navigation, Cumberland River above Nashville, Tennessee, authorized by the River and Harbor Act of h"-< August 5, 1886. The project for navigation, Hiwassee River, Polk and Bradley Counties, Tennessee, authorized by the River and Harbor Act of August 14, 1876. The project for flood control, Rossview Lake, Tennessee and Kentucky, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. The project for hydroelectric power, Alabama-Coosa River Basin, Jacks River Lake, Tennessee, authorized by the River and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth Congress. TEXAS

-_

The project for flood control, Alpine, Texas, authorized by section 201 of the Flood Control Act of 1965 and approved by resolution of the Committee on Public Works of the House of

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/745

 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4219

Representatives, dated April 11, 1974, and resolution of the Committee on Public Works of the Senate, dated May 31, 1974. The portion of the project for navigation, Brazos Island Harbor, Texas, authorized by the River and Harbor Act of 1960, which portion consists of the north jetty extension. The project for navigation, Brazos River, Velasco to Old Washington, Texas, authorized by the River and Harbor Act of June 13, 1902. The project for navigation. Cedar Bayou (mile 3.0 to mile 11.0), Harris, Texas, authorized by the River and Harbor Act of September 19, 1890, as amended by the River and Harbor Act of July 3, 1930, Public Law 520, Seventy-first Congress. The feature of the navigation project for the Channel to Port Bolivar, Texas, authorized by the River and Harbor Act of March 2, 1907, Public Law 168, Fifty-ninth Congress, as amended by the River and Harbor Act of June 25, 1910, Public Law 264, Sixty-first Congress, and the River and Harbor Act of March 2, 1919, which feature consists of a turning basin of 750 feet wide by 1,600 feet long and 30 feet deep. The project for flood control. Duck Creek Channel Improvement, Texas, authorized by the Flood Control Act of 1965. The portion of the project for navigation. Gulf Intracoastal Waterway Channel to Harlingen, Texas, authorized by the River and Harbor Act of March 2, 1945, Public Law 14, Seventyninth Congress, which portion consists of a channel from mile 25.8 to mile 31.0 on the Arroyo Colorado, upstream of the turning basin between Rio Hondo and Harlingen, Texas. The feature of the project for navigation. Gulf Intracoastal Waterway-Chocolate Bayou, Texas, authorized by the River and Harbor Act of 1965, which feature consists of channel enlargement to 9 by 100 feet from channel mile 8.2 to channel mile 13.2 and construction of a turning basin 600 feet wide and 9 feet deep at channel mile 13.2 on Chocolate Bayou. The portion of the project for navigation, Houston Ship Channel, Greens Bayou, Texas, authorized by the River and Harbor Act of 1965, which portion consists of the upper 1.1 mile increment of the project channel on Greens Bayou. The portion of the project for navigation, Gulf Intracoastal Waterway, Texas, Channel Relocation in Matagorda Bay, authorized by the River and Harbor Act of June 25, 1910, Public Law 264, Sixty-first Congress, as amended by the River and Harbor Act of 1925, Public Law 585, Sixty-eighth Congress, the River and Harbor Act of January 21, 1927, Public Law 560, Sixty-ninth Congress, the River and Harbor Act of July 23, 1942, Public Law 675, Seventy-seventh Confess, and the River and Harbor Act of 1962, which portion consists of the relocation of a segment of the Gulf Intracoastal Waterway in Matagorda Bay between miles 454.3 and 471.3. The project for flood control. Lake Brownwood, Texas, authorized by the Flood Control Act of 1968. The project for flood control. Lake Fork Lake-Lake Fork Creek, Texas, authorized by the Flood Control Act of 1970. The project for flood control, Navasota Lake, Texas, authorized by the Flood Control Act of 1968. The project for flood control, Pej^on Creek, Matagorda County, Texas, authorized by section 201 of the Flood Control Act of 1965 and approved by resolutions of the Committee on

74 Stat. 480.

32 Stat. 331.

46 Stat. 918.

79 Stat. 1073.

59 Stat. 10. > 79 Stat. 1089.

61 Stat. 630. 68 Stat. 1186.

76 Stat. 1173.

82 Stat. 731. 84 Stat. 1818.

42 USC 1962d-5.

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/746

 100 STAT. 4220

PUBLIC LAW 99-662—NOV. 17, 1986

42 USC 1962d-5. to 79 Stat. 1089. 76 Stat. 1173. ' 84 Stat. 1818.

•

79 Stat. 1073.

-

73 Stat. 478.

Public Works of the House of Representatives and the Committee on Public Works of the Senate, dated October 12, 1972. The project for flood control, Plainview, Texas, authorized by section 201 of the Flood Control Act of 1965 and approved by resolution of the Committee on Public Works of the House of Representatives, dated December 15, 1970, and the Committee on Public Works of the Senate, dated December 17, 1970. The project for flood control, Roanoke Lake, Texas, authorized by the River and Harbor Act of 1965. The portion of the project for navigation, Sabine Neches Waterway Channel to Echo, Texas, authorized by the River and Harbor Act of 1962, which portion consists of the unconstructed channel in the Sabine River between Orange and Echo, Texas. The project for navigation, Sabine River, Echo to Morgan Bluff, Texas, authorized by the Flood Control Act of 1970. The Liberty Local Protection feature of the project for flood control. Trinity River and tributaries, Texas, authorized by the Flood Control Act of 1965. The portion of the project for Gulf Intracoastal WaterwayChannel to Port Mansfield, Texas, authorized by section 4 of Public Law 86-248, which consists of a small craft basin at Port Mansfield, Texsis. UTAH

i it 82 Stat. 745.

The project for flood control, Weber River and Tributaries, Morgan County, Utah, authorized by section 206 of the River and Harbor Act of 1968. VERMONT

MOi

The project for flood control, Bennington, Vermont, authorized by the Flood Control Act of June 22, 1936, Public Law 738, Seventy-fourth Congress. The project for navigation. Otter Creek, Addison County, Vermont, authorized by the River and Harbor Act of June 10, 1872. The project for flood control, Rutland Otter Creek, Vermont, authorized by the Flood Control Act of June 22, 1936, Public Law 738, Seventy-fourth Congress, as amended by the Flood Control Act of July 31, 1947, Public Law 296, Eightieth Congress.

49 Stat. 1570.

VIRGINIA Stat. 1248.

-ifr

52 Stat. 1215.

59 Stat. 10.

The project for navigation. Thimble Shoal Channel, Virginia, authorized by the River and Harbor Act of 1954 consisting of side channels 32 feet deep and 450 feet wide on both sides of the 1,000-foot channel. The project for flood control, water quality control, recreation, fish and wildlife enhancement, and hydroelectric power generation, Moore's Ferry Lake, Virginia and North Carolina, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. The feature of the project for navigation, Pamunkey River, Hanover and King Counties, Virginia, authorized by the River and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth Congress, which feature consists of a channel 5 feet deep and 50 feet wide between Bassett Ferry and Manquin Bridge.

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/747

 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4221

VIRGIN ISLANDS

The uncompleted portion of the project for navigation, Christiansted Harbor-St. Croix, Virgin Islands, authorized by the River and Harbor Act of 1950, which portion consists of an 64 Stat. 163. approach channel 25 feet and 300 feet wide from the Caribbean Sea to and including a turning basin 25 feet deep, approxi; ii i «^ mately 600 feet wide, and 900 feet long. The portion of the project for navigation, St. Thomas Harbor, Virgin Islands, authorized by the River and Harbor Act of August 26, 1937, Public Law 392, Seventy-fifth Congress, which portion consists of construction of an entrance channel 36 feet deep and 600 feet wide, an anchorage area 33 feet deep, a breakwater 700 feet long between Rupert Rock and the mainland, and removal of Scorpion Rock to a depth of 36 feet. WAKE ISLAND

The project for navigation. Wake Island Harbor, Wake Island, authorized by the River and Harbor Act of August 26, 1937, Public Law 392, Seventy-fifth Congress. WASHINGTON

'^-

The project for flood control, Entiat River, Chelan County, Washington, authorized by the Flood Control Act of 1950. The project for flood control, Lower Walla Walla River, Washington, authorized by the Flood Control Act of 1950. The project for flood control, Methow River, Okanogan County, Washington, authorized by the Flood Control Act of

64 Stat. 170.

The uncompleted portion of the project for flood control, Okanogan River, Okanogan, Washington, authorized by the Flood Control Act of 1950. >'m& The unconstructed groin feature of the project for navigation, Quillayute River, Clallam County, Washington, authorized by r-j Mf€ t?) the Act of July 3, 1930, Public Law 520, Seventy-first CongressThe feature of the project for navigation, Seattle Harbor, King County, Washington, authorized by the Act of July 3, 1930, Public Law 520, Seventy-first Congress, which feature consists of a settling basin located at the upper end of the existing Duwamish waterway navigation project about 1.4 miles above I,,, the 14th Avenue South Bridge. The project for flood control, Spokane River, Spokane, Washington, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. 52 Stat. 1215. The project for flood control, Yakima River at Ellensburg, f Washington, authorized by the Flood Control Act of 1950. The project for flood control, Palouse River, Whitman County, Washington, authorized by the Flood Control Act of 1950. The project for flood control, Pullman Palouse River, Washington, authorized by the Flood Control Act of 1944. 58 Stat. 887. The project for navigation, Stillaquamish River, Washington, '' - ^' authorized by the Act of March 2, 1945, Public Law 14, Seventy- 59 Stat. 10. ninth Congress.

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/748

 100 STAT. 4222

PUBLIC LAW 99-662—NOV. 17, 1986 WEST VIRGINIA

52 Stat. 1215. 79 Stat. 1073. I

f
 * 1 G

'

64 Stat. 170.

The project for flood control, Moundsville, Marshall County, Levees, West Virginia, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. The project for flood control. Panther Creek Lake, West Virginia, authorized by the Flood Control Act of 1965. "Hie project for flood control, Proctor, Wetzel County, West Virginia, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. The project for flood control, Ravenswood, West Virginia, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. The project for flood control, Warwood, Ohio County, Wall and Drainage, West Virginia, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. The project for flood control. North Wheeling, Ohio County, West Virginia, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. The project for flood control, Wheeling, Ohio County, Levees, Walls and Pumping Plant, West Virginia, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventyfifth Congress. The project for flood control. Wheeling Island, Ohio County, West Virginia, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. The project for flood control. Birch Lake, West Virginia, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. The project for flood control. Woodlands, Marshall County, West Virginia, authorized by the Flood Control Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. WISCONSIN

The project for navigation, Hudson Small Boat Harbor, Wisconsin, authorized by the Flood Control Act of 1950. WYOMING

40 USC 484.

' Ut

The project for flood control, Buffalo, Johnson County, Diversion Channel, Wyoming, authorized by the Flood Control Act of 1950. SEC. 1003. (a) The project for flood control, Lakeport Lake, California, authorized by the Flood Control Act of 1965, is not authorized after the date of enactment of this Act. (b) Notwithstanding section 203 of the Federal Property and Administrative Services Act of 1949 and any other provision of law, the Secretary shall, during the five-year period beginning on the date of enactment of this Act, make all lands acquired by the United States for the Lakeport Lake project avsiilable for purchase by the Lake County Flood and Water Conservation District at the price at which such lands were acquired by the United States. Such District may waive the right to purchase any lands under the preceding sentence at any time during such period. (c) Any conveyance of land under subsection (b) shall be made on the condition that the Lake County Flood and Water Conservation District retain title to and administer such land for flood control and

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/749

 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4223

related purposes. If, at any time after such conveyance, title to such land is not retained or such land is not so administered, all right, title, and interest in such land shall revert to the United States which shall have immediate right of reentry thereon. SEC. 1004. (a) The Onaga Lake project, Vermillion Creek, Kansas, authorized by the Flood Control Act of 1962 (Public Law 87-874), is not authorized after the date of enactment of this Act. (b) The Secretary shall expedite the current study under section 216 of the Flood Control Act of 1970 with respect to the addition of water supply storage at Tuttle Creek Lake, Kansas. SEC. 1005. (a) The portion of the flood control project for the Illinois River and tributaries, Illinois, Wisconsin, and Indiana, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1189) which is to be located on the Sangamon River, Illinois, about 1 mile upstream from Decatur, Illinois, and which is known as the William L. Springer Lake project is not authorized after the date of enactment of this Act. (b) Notwithstanding section 203 of the Federal Property and Administrative Services Act of 1949 and any other provision of law, before any lands acquired by the United States for the William L. Springer Lake project referred to in subsection (a) of this section are sold or otherwise disposed of or used for any purpose other than to carry out such project, such lands shall first be made available for purchase by the city of Decatur, Illinois, at the price at which such lands were acquired by the United States. Such lands shall remain in public ownership for use for public purposes, and if any of such lands are not so owned or used, then such lands shall revest in the United States. SEC. 1006. (a) The portion described in subsection (b) of the project for navigation, Mianus River, Connecticut, authorized by the River and Harbor Act approved March 2, 1945, is not authorized after the date of the enactment of this Act. O> The portion referred to in subsection (a) is the portion located t) at the northwest corner of the project and described as follows: Beginning at a point forming the northwesterly corner of the project and designated with the coordinate of North 14297.99; East 13035.00; thence along the following four courses and distances: (1) South 86 degrees, 22 minutes, 56 seconds East 25.00 feet (coordinate: N14297.99 E13025.00) (2) South 3 degrees, 37 minutes, 18 seconds West 326.25 feet (coordinates N14296.251 E13049.95) (3) South 23 degrees, 23 minutes, 64 seconds West 73.89 feet (coordinate: N13970.8 E13029.34) (4) North 3 degrees, 37 minutes, 18 seconds East 395.78 feet (coordinate: N13903.00 E13000.00) the point and place of beginning.

Kansas. 76 Stat. 1180.

84 Stat. 1830. Illinois. Wisconsin. Indiana.

40 USC 484.

Connecticut. 59 Stat. 10.

TITLE XI—MISCELLANEOUS PROGRAMS AND PROJECTS SEC. 1101. CONTROL OF ICE.

33 USC 2307.

(a) The Secretary shall undertake a program of research for the Research and control of ice, and to assist communities in breaking up ice, which development, otherwise is likely to cause or aggravate flood damage or severe streambank erosion.

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/750

 100 STAT. 4224 State and local governments.

Appropriation authorization.

Vermont.

Appropriation authorization.

Idaho. Reports.

Appropriation authorization. Illinois. Reports.

Appropriation authorization.

Reports.

PUBLIC LAW 99-662—NOV. 17, 1986

(b) The Secretary is further authorized to provide technical assistance to units of local government to implement local plans to control or break up such ice. As part of such authority, the Secretary shall acquire necessary ice-control or ice-breaking equipment, which shall be loaned to units of local government together with operating assistance, where appropriate. (c) There is authorized to be appropriated $5,000,000 per fiscal year for each of the fiscal years 1988, 1989, 1990, 1991, and 1992 for purposes of carrying out subsections (a) and (b) of this section, such sums to remain available until expended. (d) To implement further the purposes of this section, the Secretary, in consultation and cooperation with local officials, is authorized and directed to undertake a demonstration program for the control of ice at Hardwick, Vermont. The work authorized by this subsection shall be designed to minimize the danger of flooding due to ice problems in the vicinity of such community. In the design, construction, and location of ice-control structures for this project, full consideration will be given to the recreational, scenic, and environmental values of the reach of river affected by the project, in order to minimize project impacts on these values. Full opportunity shall be given to interested environmental and recreational organizations to participate in such planning. There is authorized to be appropriated $900,000 for fiscal years beginning after September 30, 1986, for the purposes of carrying out this subsection, such sum to remain available until expended. (e)(1) The Secretary is directed to complete an experimental program placing screens in the Salmon River in the vicinity of Salmon, Idaho, to trap frazil ice, and thus to eliminate flooding caused by ice dams in the river. Within one year of the enactment of this Act, the Secretary shall report to the Congress on the feasibility of such experiment, including consideration of any adverse environmental or social effects that could result from such experiment. If, in the Secretary's judgment, such experiment is not feasible or acceptable, the Secretary is authorized to consult with local public interests to develop a plan that is workable and practical, and then to submit such plan to Congress. (2) There is authorized to be appropriated $1,000,000 for fiscal years beginning after September 30, 1986, for purposes of carrying out this subsection, such sum to remain available until expended. (f)(1) To implement further the purposes of this section, the Secretary shall carry out a project for the control of ice on the Kankakee River in the vicinity of Wilmington, Illinois. The Secretary shall report to Congress not later than one year after the date of enactment of this Act and annually thereafter on the effectiveness of the program under this section with respect to the Kankakee River in the vicinity of Wilmington, Illinois. (2) There is authorized to be appropriated $3,000,000 for fiscal years beginning after September 30, 1986, for purposes of carrying out this subsection, such sum to remain available until expended. (g) Cost sharing applicable to flood control projects under section 103 shall apply to projects under this section. (h) Not later than March 1, 1989, the Secretary shall report to the Congress on activities under this section.
 * v,>"^9 jjrv

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/751

 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4225

SEC. 1102. GAULEY RIVER WHITEWATER RECREATION.

(a) Whitewater recreation on the Gauley River downstream of the Summersville Lake Project in West Virginia is a project purpose of that project. (b) During the fall flood control drawdown period for the Summersville Lake Project, the Secretary shall provide releases from the Summersville Dam for Whitewater recreation in the 26 mile tailwater segment of the Gauley River commencing at the base of such dam. Such releases shall be at levels (minimum 2,500 cubic feet per second) and at times suitable for Whitewater recreation. The releases shall commence on the first weekend after Labor Day of each year. In each year there shall be releases on at least 20 days during the 6-week period beginning on Labor Day. Additional releases may be provided at other times during the fall drawdown at the discretion of the Secretary. (c) The Secretary may temporarily suspend (for such period as may be necessary) or modify any release required under subsection (b) when necessary for purposes of flood control or any other project purpose, or for reasons of public health and safety. Except in cases of emergency, no suspension or modification of such releases may be made solely for reasons associated with the generation of hydroelectric power at the Summersville Dam. (d) Nothing in subsection (b) of this section shall be construed to affect the authority of the Secretary regarding releases of water from the Summersville Dam for any project purpose (including the purpose set forth in subsection (a)) at any time other than during the period specified in subsection (b).

West Virginia.

SEC. 1103. UPPER MISSISSIPPI RIVER PLAN.

Upper Mississippi River Management Act of 1986. 33 USC 652.

(a)(1) This section may be cited as the "Upper Mississippi River Management Act of 1986". (2) To ensure the coordinated development and enhancement of the Upper Mississippi River system, it is hereby declared to be the intent of Congress to recognize that system as a nationally significant ecosystem and a nationally significant commercial navigation system. Congress further recognizes that the system provides a diversity of opportunities and experiences. The system shall be administered and regulated in recognition of its several purposes. O> For purposes of this section— t) (1) the terms "Upper Mississippi River system" and "system" mean those river reaches having commercial navigation channels on the Mississippi River main stem north of Cairo, Illinois; the Minnesota River, Minnesota; Black River, Wisconsin; Saint Croix River, Minnesota and Wisconsin; Illinois River and Waterway, Illinois; and Kaskaskia River, Illinois; (2) the term "Master Plan" means the comprehensive master plan for the management of the Upper Mississippi River system, dated January 1, 1982, prepared by the Upper Mississippi River Bsisin Commission and submitted to Congress pursuant to Public Law 95-502; (3) the term "GREAT I, GREAT II, and GRRM studies" ' ' means the studies entitled "GREAT Environmental Action Team—GREAT I—A Study of the Upper Mississippi River", dated September 1980, "GREAT River Environmental Action Team—GREAT II—A Study of the Upper Mississippi River", ^" dated December 1980, and "GREAT River Resource Management Study", dated September 1982; and

Flood control.

 * 2& o e u

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/752

 100 STAT. 4226

42 USC 1962b-3 note.

Illinois. Iowa. Minnesota. Missouri. Wisconsin.

u s e prec. title 1. State and local governments.

Illinois. Iowa. Minnesota. Missouri. Wisconsin.

PUBLIC LAW 99-662—NOV. 17, 1986

(4) the term "Upper Mississippi River Basin Association" means an association of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, formed for the purposes of cooperative effort and united assistance in the comprehensive planning for the use, protection, growth, and development of the Upper Mississippi River System. (c)(1) Congress hereby approves the Master Plan as a guide for future water policy on the Upper Mississippi River system. Such approval shall not constitute authorization of any recommendation contained in the Master Plan. (2) Section 101 of Public Law 95-502 is amended by striking out the last two sentences of subsection (b), striking out subsection (i), striking out the final sentence of subsection (j), and redesignating subsection "(j)" as subsection "(i)". (d)(1) The consent of the Congress is hereby given to the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, or any two or more of such States, to enter into negotiations for agreements, not in conflict with any law of the United States, for cooperative effort and mutual assistance in the comprehensive planning for the use, protection, growth, and development of the Upper Mississippi River system, and to establish such agencies, joint or otherwise, or designate an existing multi-State entity, as they may deem desirable for making effective such agreements. To the extent required by Article I, section 10 of the Constitution, such agreements shall become final only after ratification by an Act of Congress. (2) The Secretary is authorized to enter into cooperative agreements with the Upper Mississippi River Basin Association or any other agency established under paragraph (1) of this subsection to promote and facilitate active State government participation in the river system management, development, and protection. (3) For the purpose of ensuring the coordinated planning and implementation of programs authorized in subsections (e) and (h)(2) of this section, the Secretary shall enter into an interagency agreement with the Secretary of the Interior to provide for the direct participation of, and transfer of funds to, the Fish and Wildlife Service and any other agency or bureau of the Department of the Interior for the planning, design, implementation, and evaluation of such programs. (4) The Upper Mississippi River Basin Association or any other agency established under paragraph (1) of this subsection is hereby designated by Congress as the caretaker of the master plan. Any changes to the master plan recommended by the Secretary shall be submitted to such association or agency for review. Such association or agency may make such comments with respect to such recommendations and offer other recommended changes to the master plan as such association or agency deems appropriate and shall transmit such comments and other recommended changes to the Secretary. The Secretary shall transmit such recommendations along with the comments and other recommended changes of such association or agency to the Congress for approval within 90 days ot the receipt of such comments or recommended changes. (e)(1) The Secretary, in consultation with the Secretary of the Interior and the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, is authorized to undertake, as identified in the master plan—

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/753

 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4227

(A) a program for the planning, construction, and evaluation of measures for fish and wildlife habitat rehabilitation and enhancement; (B) implementation of a long-term resource monitoring program; and (C) implementation of a computerized inventory and analysis system. (2) Each program referred to in paragraph (1) shall be carried out for ten years. Before the last day of such ten-year period, the Secretary, in consultation with the Secretary of the Interior and the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, shall conduct an evaluation of such programs and submit a report on the results of such evaluation to Congress. Such evaluation shall determine each such program's effectiveness, strengths, and weaknesses and contain recommendations for the modification and continuance or termination of such program. (3) For purposes of carrying out paragraph (I)(A) of this subsection, there is authorized to be appropriated to the Secretary not to exceed $8,200,000 for the first fiscal year beginning after the date of enactment of this Act, not to exceed $12,400,000 for the second fiscal year beginning after the date of enactment of this Act, and not to exceed $13,000,000 per fiscal year for each of the succeeding eight fiscal years. (4) For purposes of carrying out paragraph (I)(B) of this subsection, there is authorized to be appropriated to the Secretary not to exceed $7,680,000 for the first fiscal year beginning after the date of enactment of this Act and not to exceed $5,080,000 per fiscal year for each of the succeeding nine fiscal years. (5) For purposes of carrying out paragraph (I)(C) of this subsection, there is authorized to be appropriated to the Secretary not to exceed $40,000 for the first fiscal year beginning after the date of enactment of this Act, not to exceed $280,000 for the second fiscal year beginning after the date of enactment of this Act, not to exceed $1,220,000 for the third fiscal year beginning after the date of enactment of this Act, and not to exceed $875,000 per fiscal year for each of the succeeding seven fiscal years. (6)(A) Notwithstanding the provisions of subsection (a)(2) of this section, the costs of each project carried out pursuant to paragraph (I)(A) of this subsection shall be allocated between the Secretary and the appropriate non-Federal sponsor in accordance with the provisions of section 906 of this Act. (B) Notwithstanding the provisions of subsection (a)(2) of this section, the cost of implementing the activities authorized by paragraphs (I)(B) and (I)(C) of this subsection shall be allocated in accordance with the provisions of section 906 of this Act, as if such activity was required to mitigate losses to fish and wildlife. (7) None of the funds appropriated pursuant to any authorization contained in this subsection shall be considered to be chargeable to navigation. (fKD The Secretary, in consultation with any agency established under subsection (d)(1) of this section, is authorized to implement a program of recreational projects for the system substantially in accordance with the recommendations of the GREAT I, GREAT II, and GRRM studies and the msister plan reports. In addition, the Secretary, in consultation with any such agency, shall, at Federal expense, conduct an assessment of the economic benefits generated by recreational activities in the system. The cost of each such project

Fish and fishing. Wildlife.

Illinois. Iowa. Minnesota. Missouri. Wisconsin. Reports.

Appropriation authorization.

Appropriation authorization.

Appropriation authorization.

Fish and fishing. Wildlife.

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/754

 100 STAT. 4228

Appropriation authorization.

Appropriation authorization.

'.0;-»-l.

Illinois. Iowa. Minnesota. Missouri. Wisconsin. Environmental protection.

Appropriation authorization.

,„..;r.:.,.'t k,c

A-:

Illinois. Missouri.

92 Stat. 1695.

PUBLIC LAW 99-662—NOV. 17, 1986

shall be allocated between the Secretary and the appropriate nonFederal sponsor in accordance with title I of this Act. (2)(A) For purposes of carrying out the program of recreational projects authorized in paragraph (1) of this subsection, there is authorized to be appropriated to the Secretary not to exceed $500,000 per fiscal year for each of the first ten fiscal years beginning after the effective date of this section. (B) For purposes of carrying out the assessment of the economic benefits of recreational activities as authorized in paragraph (1) of this subsection, there is authorized to be appropriated to the Secretary not to exceed $300,000 per fiscal year for the first and second fiscal years beginning after the computerized inventory and analysis system implemented pursuant to subsection (e)(1)(C) of this section is fully functional and $150,000 for the third such fiscal year. (g) The Secretary shall, in his budget request, identify those measures developed by the Secretary, in consultation with the Secretary of Transportation and any agency established under subsection (d)(1) of this section, to be undertaken to increase the capacity of specific locks throughout the system by employing nonstructural measures and making minor structural improvements. (h)(1) The Secretary, in consultation with any agency established under subsection (d)(1) of this section, shall monitor traffic movements on the system for the purpose of verifying lock capacity, updating traffic projections, and refining the economic evaluation so as to verify the need for future capacity expansion of the system. (2) The Secretary, in consultation with the Secretary of the Interior and the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, shall determine the need for river rehabilitation and environmental enhancement and protection based on the condition of the environment, project developments, and projected environmental impacts from implementing any proposals resulting from recommendations made under subsection (g) and paragraph (1) of this subsection. (3) There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this subsection. (i)(l) The Secretary shall, as he determines feasible, dispose of dredged material from the system pursuant to the recommendations of the GREAT I, GREAT II, and GRRM studies. (2) The Secretary shall establish and request appropriate Federal funding for a program to facilitate productive uses of dredged material. The Secretary shall work with the States which have, within their boundaries, any part of the system to identify potential users of dredged material. (j) The Secretary is authorized to provide for the engineering, design, and construction of a second lock at locks and dam 26, Mississippi River, Alton, Illinois and Missouri, at a total cost of $220,000,000, with a first Federal cost of $220,000,000. Such second lock shall be one hundred and ten feet by six hundred feet and shall be constructed at or in the vicinity of the location of the replacement lock authorized by section 102 of Public Law 95-502. Section 102 of this Act shall apply to the project authorized by this subsection. SEC. 1104. ILLINOIS AND MISSISSIPPI CANAL.

 * Section 110(f) of the River and Harbor Act of 1958 (72 Stat. 303) is

amended by striking out "$6,528,000" and inserting in lieu thereof "$15,000,000".

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/755

 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4229

SEC. 1105. NEW YORK STATE BARGE CANAL.

(a) The Secretary is authorized to reimburse the State of New York for 50 percent of the cost of operating, maintaining, and rehabilitating the New York State Barge Canal. Control and operation of such canal shall continue to reside with the State of New ' '^ York. The Federal contribution to the costs of rehabilitating the New York State Barge Canal shall be limited in any fiscal year to $5,000,000, or 50 percent of the expenditures in that fiscal year, whichever is the lesser. (b) For the purposes of this section, the New York State Barge Canal is defined to be— (1) the Erie Canal, which connects the Hudson River at '' Waterford with the Niagara River at Tonawanda; (2) the Oswego Canal, which connects the Erie Canal at Three „^., " ^ Rivers with Lake Ontario at Oswego; (3) the Champlain Canal, which connects the easterly end of the Erie Canal at Waterford with Lake Champlain at Whitehall; and (4) the Cayuga and Seneca Canals, which connect the Erie Canal at a point near Montezuma with Cajoiga and Seneca Lakes and through Cayuga Lake and Ithaca and through Seneca Lake with Montour Falls. SEC. 1106. CALIFORNIA DEBRIS COMMISSION. 33 USC 661 note. (a) The California Debris Commission established by the first section of the Act of March 1, 1893 (33 U.S.C. 661) is hereby abolished. (b) All authorities, powers, functions, and duties of the California Debris Commission are hereby transferred to the Secretary. (c) The assets, liabilities, contracts, property, records, and the unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used arising from, available to, or to be made available in connection with the authorities, powers, functions, and duties transferred by this section, subject to section 202 of the Budget and Accounting Procedure Act of 1950, are hereby 31 USC 1531 transferred to the Secretary for appropriate allocation. Unexpended note, funds transferred pursuant to this subsection shall be used only for ^ the purposes for which the funds were originally authorized and appropriated. (d) All acquired lands, and other interests therein presently under the jurisdiction of the California Debris Commission are hereby authorized to be retained, and shall be administered under the direction of the Secretary, who is hereby authorized to take such ^ actions as are necessary to consolidate and perfect title; to exchange for other lands or interests therein which may be required for recreation or for existing or proposed projects of the United States; to transfer to other Federal agencies or dispose of as surplus property; and to release to the coextensive fee owners any easements no tji i. longer required by the United States, under such conditions or for such consideration as the Secretary shall determine to be fair and reasonable. Except as specifically provided herein all transactions will be in accordance with existing laws and procedures. SEC. 1107. RED RIVER CHLORIDE CONTROL. (a) The first sentence of the paragraph under the center heading "ARKANSAS AND RED RiVERs" in section 203 of the Flood Control Act

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/756

 100 STAT. 4230 80 Stat. 1419. 42 USC 1962d-5. 90 Stat. 2932.

80 Stat. 1419. Reports. Texas. Oklahoma.

PUBLIC LAW 99-662—NOV. 17, 1986

of 1966 is amended by striking out "$46,400,000" and inserting in lieu thereof "$177,600,000". (b) Section 201 of the Flood Control Act of 1970, as amended by section 153 of the Water Resources Development Act of 1976, is amended by striking out the last sentence under the heading "ARKANSAS-RED RIVER BASIN" and inserting in lieu thereof the following: "Construction shall not be initiated on any element of such project involving the Arkansas River Basin until such element has been approved by the Secretary of the Army. The chloride control projects for the Red River Basin and the Arkansas River Basin shall be considered to be authorized as separate projects with separate authority under section 203 of the Flood Control Act of 1966. (c) Construction of remaining elements of the project involving the Red River Basin shall be initiated in accordance with the recommendations regarding general design memorandum numbered 25 by the director of civil works on behalf of the Chief of Engineers, dated August 8, 1977. Such construction shall commence upon transmittal of a report to the Secretary and to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives of a favorable finding of the effectiveness of the operation of area VIII, to be made by a panel consisting of representatives of the United States Geological Survey and the Texas Water Commission, a person selected by the National Academy of Sciences, and two other qualified persons to be appointed by the Secretary with the concurrence of the governors of Texas and Oklahoma. The panel shall assess the improvement in water quality downstream of area VIII to determine its consistency with the water quality assumed in the development of project benefits in the economic reanalysis of the project completed in November 1980. Such report shall be submitted to the Secretary and to such committees no later than three years after the date area VIII commences operation. Cost sharing for construction on the Red River Basin project initiated under this section shall be the same as the cost sharing for area VIII of the project. SEC. 1108. ST. JOHN'S RIVER BASIN. MAINE.

Research and development.

Appropriation authorization.

42 USC

1962d-20.

(a) The Secretary is authorized to implement a program of research in order to demonstrate the cropland irrigation and conservation techniques described in the report issued by the New England division engineer, dated May 1980, for the Saint John River Basin, Maine. The non-Federal share of the cost of such program shall be 35 percent. (b) For the purposes of this section, there is authorized to be appropriated $1,825,000 for fiscal year 1988, $820,000 for fiscal year 1989, and $785,000 for fiscal year 1990, such sums to remain available until expended. SEC. 1109. PROHIBITION ON GREAT LAKES DIVERSIONS.

(a) The Congress finds and declares that— (1) the Great Lakes are a most important natural resource to the eight Great Lakes States and two Canadian provinces, providing water supply for domestic and industrial use, clean energy through hydropower production, an efficient transportation mode for moving products into and out of the Great Lakes region, and recreational uses for millions of United States and Canadian citizens;

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/757

 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4231

(2) the Great Lakes need to be carefully managed and protected to meet current and future needs within the Great Lakes basin and Canadian provinces; (3) any new diversions of Great Lakes water for use outside of the Great Lakes basin will have significant economic and environmental impacts, adversely affecting the use of this resource by the Great Lakes States and Canadian provinces; and (4) four of the Great Lakes are international waters and are defined as boundary waters in the Boundary Waters Treaty of 1909 between the United States and Canada, and as such any new diversion of Great Lakes water in the United States would affect the relations of the Government of the United States with the Government of Canada. 0?) It is therefore declared to be the purpose and policy of the Congress in this section— (1) to take immediate action to protect the limited quantity of water available from the Great Lakes system for use by the Great Lakes States and in accordance with the Boundary Waters Treaty of 1909; (2) to prohibit any diversion of Great Lakes water by any State, Federal agency, or private entity for use outside the Great Lakes basin unless such diversion is approved by the Governor of each of the Great Lakes States; and (3) to prohibit any Federal agency from undertaking any studies that would involve the transfer of Great Lakes water for any purpose for use outside the Great Lakes basin. (c) As used in this section, the term "Great Lakes State" means each of the States of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin. (d) No water shall be diverted from any portion of the Great Lakes within the United States, or from any tributary within the United States of any of the Great Lakes, for use outside the Great Lakes basin unless such diversion is approved by the Governor of each of the Great Lake States. (e) No Federal agency may undertake any study, or expend any Federal funds to contract for any study, of the feasibility of diverting water from any portion of the Great Lakes within the United States, or from any tributary within the United States of any of the Great Lakes, for use outside the Great Lakes basin, unless such study or expenditure is approved by the Governor of each of the Great Lakes States. The prohibition of the preceding sentence shall not apply to any study or data collection effort performed by the Corps of Engineers or other Federal agency under the direction of the International Joint Commission in accordance with the Boundary Waters Treaty of 1909. (f) This section shall not apply to any diversion of water from any of the Great Lakes which is authorized on the date of the enactment of this Act.

36 Stat. 2448.

Contracts.

SEC. 1110. BIG SOUTH FORK NATIONAL RIVER AND RECREATION AREA.

Section 108(k) of the Water Resources Development Act of 1974 is amended by striking out "$103,522,000" and inserting in lieu thereof "$156,122,000".

16 USC 460ee.

SEC. n i l. DALECARLIA RESERVOIR.

42 USC

(a) The Secretary, on the recommendation of the Chief of Engineers, is authorized to permit the delivery of water from the Distrit

1962d-llb. District of Columbia. State and local governments.

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/758

 100 STAT. 4232

Maryland. Virginia.

PUBLIC LAW 99-662—NOV. 17, 1986

of Columbia water system at the Dalecarlia filtration plant, or at other points on the system, to any competent State or local authority in the Washington, District of Columbia, metropolitan area in Maryland. All of the expense of installing the connection or connections and appurtenances between the water supply systems and any subsequent changes therein shall be paid by the requesting entity, which shall also pay such charges for the use of the water as the Secretary may, from time to time in advance of delivery, determine to be reasonable. Payments shall be made at such time, and pursuant to such regulations, as the Secretary prescribes. The Secretary may revoke any permit for the use of water at any time. (b) The Secretary is authorized to purchase water from any State or local authority in Maryland or Virginia that has, at the time of purchase, completed a connection with the District of Columbia water system. The Secretary is authorized to pay such charges for the use of the water as the Secretary has agreed upon in advance of delivery. SEC. 1112. ABIQUIU DAM. '-^^'•'^•'-

New Mexico. Flood control.

'

r'''-:::\ '^;\ •':;

Subject to section 903(a) of this Act, the Secretary is authorized to construct a set of emergency gates in the conduit of the Abiquiu Dam, New Mexico, to increase safety and enhance flood and sediment control, at a total cost of $2,700,000. The non-Federal share of the project shall be 25 percent of those costs of the project attributable to an increase in flood protection as a result of the installation of such gates. SEC. 1113. ACEQUIAS IRRIGATION SYSTEM.

New Mexico.

(a)(1) The Congress finds that the irrigation ditch systems in New Mexico, known as the Acequia systems, date from the eighteenth century, and that these early engineering works have significance in the settlement and development of the western portion of the United States. (2) The Congress, therefore, declares that the restoration and preservation of the Acequia systems has cultural and historic values to the region. (b) Subject to section 903(a) of this Act, the Secretary is authorized and directed to undertake, without regard to economic analysis, such measures as are necessary to protect and restore the river diversion structures and associated canals attendant to the operations of the community ditch and Acequia systems in New Mexico that are declared to be a political subdivision of the State of New Mexico, at a total cost of $53,300,000, with an estimated first Federal cost of $40,000,000 and an estimated first non-Federal cost of $13,300,000. The non-Federal share of any work undertaken under this section shall be 25 percent. (c) The Secretary is further authorized and directed to consider the historic Acequia systems (community ditches) of the southwestern United States as public entities, if these systems are chartered by the respective State laws as political subdivisions of that State. This public entity status will allow the officials of these Acequia systems to enter into agreements and serve as local sponsors of water-related projects of the Secretary,

16 USC 460tt.

SEC. 1114. CROSS FLORIDA BARGE CANAL.

Fish and fishing. Wildlife.

(a)(1) For the multiple purposes of preserving, enhancing, interpreting, and managing the water and related land resources of an

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/759

 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4233

area containing unique cultural, fish and wildlife, scenic, and recreational values and for the benefit and enjojmient of present and future generations and the development of outdoor recreation, there is hereby established the Cross Florida National Conservation Area (hereinafter in this section referred to as the "Conservation Area"). (2) The Conservation Area shall consist of all lands and interests in lands held by the Secretary for the high-level barge canal project from the Saint Johns River across the State of Florida to the Gulf of Mexico, authorized by the Act of July 28, 1942 (56 Stat. 703) (hereinafter in this section referred to as the "barge canal project"), all lands and interests in lands held by the State of Florida or the Canal Authority of such State for such project, and all lands and interests in lands held by such State or such Canal Authority and acquired pursuant to section 104 of the River and Harbor Act of 1960. 74 Stat. 484. (3) Within the Conservation Area there is hereby designated the Conservation Management Area which shall consist of all lands and interests in lands held by the Secretary within that portion of the barge canal project that is located between the Eureka Lock and Dam and the Inglis Lock and Dam (exclusive of such structures), plus all lands and interests in lands held by the Canal Authority of the State of Florida between such structures and all lands and interests in lands held by such State or Canal Authority and acquired pursuant to section 104 of the River and Harbor Act of 1960. (b) Those portions of the barge canal project located between the Fish and fishing. Gulf of Mexico and the Inglis project structures and located between Wildlife. the Atlantic Ocean and the Eureka Lock and Dam, inclusive, shall be operated and maintained by the Secretary for the purposes of navigation, recreation, and fish and wildlife enhancement and for the benefit of the economy of the region. (c) In order to further the purposes set forth in paragraph (a)(1) of this section, that portion of the barge canal project located between the Eureka Lock and Dam and the Inglis Lock and Dam (exclusive of such structures) is not authorized for the purposes described in the Act of July 23, 1942 (56 Stat. 703) after the date this subsection becomes effective. (d) The State of Florida shall retain jurisdiction and responsibility over water resources planning, development, and control of the surface and ground waters pertaining to lands cited in subsections (b) and (c) of this section, except to the extent that any uses of such water resources would be inconsistent with the purposes of this section. (e)(1) Not later than one year after the date of the enactment of this Act, the Secretary, in consultation with the United States Forest Service, the United States Fish and Wildlife Service, and the State of Florida, shall develop and transmit to Congress a comprehensive management plan for lands (including water areas) located within the Conservation Management Area. -^^'^ ^^ (2) Such plan shall, at a minimum, provide for— (A) enhancement of the environnment; (B) conservation and development of natural resources; (C) conservation and preservation of fish and wildlife; (D) preservation of scenic and enhancing recreational values; (E) a procedure for the prompt consideration of applications for easements across Conservation Management Area lands, when such easements are requested by local or State governmental jurisdictions or by a regulated public utility for a public purpose; and

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/760

 100 STAT. 4234

74 Stat. 484.

PUBLIC LAW 99-662—NOV. 17, 1986

(F) preservation and enhancement of water resources and water quality, including groundwater. (3) Such plan shall establish, among the Secretary, the Forest Service, the Fish and Wildlife Service, and the State of Florida, the responsibilities for implementation of such plan. (4) Until transmittal of such plan to Congress, the Secretary shall operate, maintain, and manage the lands and facilities held by the Secretary under the terms of subsection (c). (5) Upon submission of such plan to Congress, the Secretary and other agencies, pursuant to the agreement under paragraph (3) of this subsection, are authorized to implement such plan. (6) The Secretary shall transmit recommendations for protecting and enhancing the values of the Conservation Area to Congress together with such plan. (7) The Secretary shall consult and cooperate with other departments and agencies of the United States and the State of Florida in the development of measures and programs to protect and enhance water resources and water quality with the Conservation Area. (f) The Secretary shall operate the Rodman Dam, authorized by the Act of July 23, 1942 (56 Stat. 703), in a manner which will assure the continuation of the reservoir known as Lake Ocklawaha. The Secretary shall not operate the Eureka Lock and Dam in a manner which would create a reservoir on lands not flooded on January 1, 1984. (g)(1) As soon as possible, the Secretary shall acquire, for the sum of $32,000,000, all lands and interests in lands held on the date of the enactment of this Act by the Canal Authority of the State of Florida for the purposes of the barge canal project. In the event the sums available to the Secretary in any fiscal year are insufficient to purchase all such lands and interests, the State of Florida shall transfer to the Secretary that percentage of the total number of acres to be transferred that is proportionate to the sums received by the State compared with $32,000,000. (2) From amounts received under paragraph (1) of this subsection, the Canal Authority shall forthwith make payments to the Florida counties of Duval, Clay, Putnam, Marion, Levy, and Citrus. Such payments shall, in the aggregate, be equal to $32,000,000. The amount of payment under this paragraph to each such county shall be determined by multiplying such aggregate amount by the amount of ad valorem taxes paid to the Cross Florida Canal Navigation District by such county and dividing such product by the amount of such taxes paid by all such counties. (3) As soon as possible, the State of Florida shall transfer to the Secretary all lands and interests in lands held by the State of Florida or the Canal Authority of such State and acquired pursuant to Section 104 of the River and Harbor Act of 1960. (h) Subsection (c) shall become effective— (1) 90 days after the Governor of Florida has certified to the Secretary that the State has met the conditions set out in subsection (i) of this section, unless the Secretary determines within such period that the State has failed to comply with such conditions; or (2) on the date of the final order in a declaratory judgment action, brought by the State of Florida in a Federal District Court within Florida, finding that the State has met the conditions.

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/761

 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4235

(i) Subsection (c) shall not become effective until the State of Florida enacts a law or laws which assure that— (1) on and after the date on which construction of the portion of the barge canal project referred to in subsection (c) is no longer authorized, all lands and interests in lands held for the project by the State of Florida or the Canal Authority of such State will continue to be held by such State or canal authority pending transfer to the Secretary, as provided in this section; and (2) on and after such date, all lands and interests in lands held by the State of Florida or the Canal Authority of such State and acquired pursuant to section 104 of the River and Harbor Act of 1960 will continue to be held by such State or Canal Authority, T pending transfer to the Secretary as provided in this section; ^ ^ (3) on and after such date, the State of Florida will never transfer to any person (except the Federal Government) any lands owned by such State or the Canal Authority of such State (except existing State roads, highways, and bridges and related rights-of-way, which may be transferred to a county or other local government) and contained within the expanded boundary of the Ocala National Forest as proposed and shown on the map dated July 1978, on file with the Chief of the Forest Service, Department of Agriculture, Washington, District of Columbia; and (4) the State of Florida enacts a law which assures that, on and after such date, the interests in the lands described in paragraph (1) held by the State of Florida are sufficient to carry out the purposes of this section.

74 Stat. 484.

SEC. 1115. ABANDONED AND WRECKED VESSELS.

. The Secretary shall— (1) remove from the Miami River and Seybold Canal in Miami, Florida, between the mouth of the Miami River and the salinity control structure of 36th Street, any abandoned vessels t and any vessels under the control of the United States by reason of their seizure or forfeiture; g (2) remove derelict vessels from the western shore of Hempstead Harbor, New York; and (3) remove from waters off Mona Island, Puerto Rico, the abandoned vessel "A. Regina". The Secretary shall enter into an interagency agreement to facilitate the removal of any such vessel under the control of the United States with the head of any Federal department, agency, or instrumentality which has control of such vessel. The non-Federal share of work authorized by this section shall be one-third, except that work authorized by paragraph (3) shall be at full Federal expense.

Florida.

New York. Puerto Rico.

SEC. 1116. CHATFIELD LAKE.

Section 88(c) of the Water Resources Development Act of 1974 is amended by— (1) inserting after "encroachments" the following: "(other than the Mineral Avenue/Ken Caryl Road extension and associated transmission lines)"; and (2) inserting "significantly" after "areas which would".

88 Stat. 38.

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/762

 100 STAT. 4236

PUBLIC LAW 99-662—NOV. 17, 1986

SEC. 1117. W.D. MAYO LOCK AND DAM.

Indians. Oklahoma.

. j J P fv

(a) Notwithstanding any other provision of law, the Cherokee Nation of Oklahoma is authorized to design and construct hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River in Oklahoma, as described in the report of the Chief of Engineers dated December 23, 1981: Provided, That, the agreement described in subsection (d) of this section is executed by all parties described in subsection Qo) of this section. (b)(1) Conditioned upon the parties agreeing to mutually acceptable terms and conditions, the Secretary and the Secretary of Energy, acting through the Southwestern Power Administration, may enter into a binding agreement with the Cherokee Nation of Oklahoma under which the Cherokee Nation of Oklahoma agrees— (A) to design and initiate construction of the generating facilities referred to in subsection (a) of this section within three years after the date of such agreement, (B) to reimburse the Secretary for his costs in— (i) approving such design and inspecting such construction, and "" (ii) providing any assistance authorized under subsection (c)(2) of this section, and (C) to release and indemnify the United States from any Si claims, causes of action, or liabilities which may arise from such design or construction. (2) Such agreement shall also specify— (A) the procedures and requirements for approval and acceptvf ance of such design and construction are set forth, (B) the rights, responsibilities, and liabilities of each party to the agreement are set forth, and (3) the amount of the payments under subsection (f) of this section, and the procedures under which such payments are to be made, are set forth. (c)(1) No Federal funds may be expended for the design or construction of the generating facilities referred to in subsection (a) of this section prior to the date on which such facilities are accepted by the Secretary under subsection (d) of this section. (2) Notwithstanding any other provision of law, the Secretary is authorized to provide, on a reimbursable basis, any assistance requested by the Cherokee Nation of Oklahoma in connection with the design or construction of the generating facilities referred to in subsection (a) of this section. (d)(1) Notwithstanding any other provision of law, upon completion of the construction of the generating facilities referred to in subsection (a) of this section, and final approval of such facilities by the Secretary— (A) the Cherokee Nation of Oklahoma shall transfer title to such facilities to the United States, and (B) the Secretary shall— (i) accept the transfer of title to such generating facilities ^" ' on behalf of the United States, and (ii) operate and maintain such facilities. (2) The Secretary is authorized to accept title to such facilities only after certifying that the quality of the construction meets all standards established for similar facilities constructed by the Secretary.

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/763

 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4237

(e) Pursuant to any agreement under subsection (b) of this section, the Southwestern Power Administration shall market the excess power produced by the generating facilities referred to in subsection (a) of this section in accordance with section 5 of the Act of December 22, 1944 (58 Stat. 890; 16 U.S.C. 825s). (f) Notwithstanding any other provision of law, the Secretary of Energy, acting through the Southwestern Power Administration, is authorized to pay to the Cherokee Nation of Oklahoma, in accordance with the terms of the agreement entered into under subsection Q)) of this section, out of the revenues from the sale of power produced by the generating facilities of the interconnected systems of reservoirs operated by the Secretary and marketed by the Southwestern Power Administration— (1) all reasonable costs incurred by the Cherokee Nation of Oklahoma in the design and construction of the generating facilities referred to in subsection (a) of this section, including the capital investment in such facilities and a reasonable rate of return on such capital investment, and (2) for a period not to exceed fifty years, a reasonable annual royalty for the design and construction of the generating facilities referred to in subsection (a) of this section. (g) Notwithstanding any other provision of law, the Secretary of Energy, acting through the Southwestern Power Administration, is authorized— (1) to construct such transmission facilities as necessary to .,.-,,, market the power produced at the generating facilities referred to in subsection (a) of this section with funds contributed by non-Federal sources, and (2) to repay those funds, including interest and any administrative expenses, directly from the revenues from the sale of power produced by the generating facilities of the interconnected systems of reservoirs operated by the Secretary and marketed by the Southwestern Power Administration. (h) There are authorized to be appropriated to the Secretary for Appropriation the fiscal year in which title to the generating facilities is trans- authorization. ferred and accepted under subsection (d) of this section, and for each succeeding ilscal year, such sums as may be necessary to operate and maintain such facilities. SEC. 1118. CAVEN POINT, NEW JERSEY.

33 USC 59n-l.

That portion of the Hudson River in the New York Bay consisting of— (1) all that piece or parcel of land, containing 120.54 acres, situate, lying and being in the city of Jersey City, Hudson County, State of New Jersey, upon or around that certain lot or piece of land known as the Caven Point Area; and (2) all that piece or parcel of land, containing 18 acres more or less, situate on the northwesterly side of New Jersey State Highway Route 185, more particularly described in the Congressional Record dated Mgirch 11, 1986, pages S2446-2447, is hereby declared to be not a navigable water of the United States withm the meaning of the Constitution and the laws of the United States, except for the purposes of the Federal Water Pollution Control Act.

33 USC 1251 note.

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/764

 100 STAT. 4238

PUBLIC LAW 99-662—NOV. 17, 1986

SEC. 1119. SUNSET HARBOR. CALIFORNIA. Reports.

Flood control.

42 USC 4332.

(a) The Secretary is directed to expedite completion of the feasibility study of the navigation project for Sunset Harbor, California, at a total cost of $900,000, and to submit a report to Congress on the results of such study not later than October 1, 1987. (b) Upon execution of agreements by the State of California or local sponsors, or both, for preservation and mitigation of wetlands areas and appropriate financial participation, the Secretary is authorized to participate with appropriate non-Federal sponsors in a project to demonstrate the feasibility of non-Federal cost sharing under the provisions of section 916 of this Act. Such project shall consist of the project for navigation, flood control, and protection of the Seal Beach Naval Weapons Station at Sunset Beach Harbor, Bolsa Chica Bay, California, at a total cost of $89,600,000, with an estimated first Federal cost of $44,800,000 and an estimated first non-Federal cost of $44,800,000, including such modifications as the Secretary may determine are advisable. The Secretary shall not undertake construction without the concurrence of the Secretary of the Navy on measures to protect the Naval Weapons Station. The Secretary shall, not later than two years after the date of enactment of this Act, make a determination of financial feasibility of the project and, to the extent possible, transmit a copy of a final feasibility study and copy of any final environmental impact statement required by section 102(2)(C) of the National Environmental Policy Act of 1969, and any recommendations of the Secretary, with respect to such project to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Worl^ of the Senate. Agreements for local financial participation shall include the agreements set forth in section 916 so as to meet non-Federal contributions during the period of construction as required by Federal law as administered by the Secretary, together with full amortization of the remaining Federal investment, including costs of project feasiblility studies. SEC. 1120. HILLTOP AND GRAY GOOSE IRRIGATION DISTRICTS.

South Dakota.

-r*lu:r u

(a) The existing irrigation projects known as the Hilltop Irrigation District, Brule County, South Dakota, and the Gray Goose Irrigation District, Hughes County, South Dakota, are authorized as units of the Pick-Sloan Missouri Basin Program. As so authorized, the Hilltop Unit and the Gray Goose Unit shall be integrated physically and financially with the other Federal works constructed under the comprehensive plan approved by section 9 of the Flood Control Act of December 22, 1944 (58 Stat. 887, 891), as amended and supplemented, and subject to Federal reclamation law (Act of June 17, 1902, 32 Stat. 388 and Acts amendatory thereof and supplemental thereto). (b) Pick-Sloan Missouri Basin Program power shall be made available as soon as practicable for the Hilltop Unit and the Gray Goose Unit on the same basis as for other units of the Pick-Sloan Missouri Basin Program. The suballocated costs of the Pick-Sloan Missouri Basin Program assigned to the Hilltop Unit and the Gray Goose Unit shall be reimbursed by the water users as determined by the Secretary of the Interior in accordance with Federal reclamation law (Act of June 17, 1902, 32 Stat. 388 and Acts amendatory thereof and supplemental thereto).

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/765

 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4239

SEC. 1121. OGALLALA AQUIFER

(a) The Congress finds that— (1) the Ogallala aquifer lies beneath, and provides needed water supplies to, the 8 States of the High Plains Region: Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming; (2) the High Plains region has become an important source of agricultural commodities and livestock for domestic and international markets, providing 15 percent of the Nation's supply of wheat, corn, feed grains, sorghum, and cotton, plus 38 percent of the value of livestock raised in the United States; and (3) annual precipitation in the High Plains region ranges from 15 to 22 inches, providing inadequate supplies of surface water and recharging of the Ogallala aquifer needed to sustain the agricultural productivity and economic vitality of the High Plains region. (b) It is, therefore, the purpose of this section to establish a comprehensive research and development program to assist those portions of the High Plains region dependent on water from the Ogallala aquifer to— (1) plan for the development of an adequate supply of water in the region; (2) develop and provide information and technical assistance concerning water-conservation management practices to agricultural producers in the region; (3) examine alternatives for the development of an adequate supply of water for the region; and (4) develop water-conservation management practices which are efficient for agricultural producers in the region. (c) The Water Resources Research Act (Public Law 98-242) is amended by adding at the end thereof the following new title:

42 USC 10301 note.

"TITLE III—OGALLALA AQUIFER RESEARCH AND DEVELOPMENT "SEC. 301. (a) There is hereby established the High Plains Study 42 USC 10301 note. Council composed of— "(1) the Governor of each State of the High Plains region (defined for the purposes of this title as the States of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming and referred to hereinafter in this title as the 'High Plains region'), or a designee of the Governor; "(2) a representative of the Department of Agriculture; and "(3) a representative of the Secretary. "(b) 'The Council established pursuant to this section shall— "(1) review research work being performed by each State committee established under section 302 of this Act; and "(2) coordinate such research efforts to avoid duplication of research and to assist in the development of research plans within each State of the High Plains region that will benefit the research needs of the entire region. "SEC. 302. (a) The Secretary shall establish within each State of 42 USC 10301 the High Plains region an Ogallala aquifer technical advisory note. committee (hereinafter in this title referred to as the 'State committee'). Each State committee shall be composed of no more than seven members, including—

�


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/766

 100 STAT. 4240

State and local governments.

Research and development. Public information. Education. Conservation.

Research and development. 42 USC 10301 note.

Schools and colleges.

42 USC 10301 note.

Schools and colleges. Grants.

PUBLIC LAW 99-662—NOV. 17, 1986

"(1) a representative of the United States Department of Agriculture; "(2) a representative of the Secretary; and "(3) at the appointment of the Governor of the State, five ,:\, representatives from agencies of that State having jurisdiction over water resources, the agricultural community, the State y. Water Research Institute (as designated under this Act), and others with a special interest or expertise in water resources. "(b) The State committee established pursuant to subsection (a) of this section shall— "(1) review existing State laws and institutions concerning water management and, where appropriate, recommend changes to improve State or local management capabilities and more efficiently use the waters of such State, if such a review is not already being undertaken by the State; "(2) establish, in coordination with other State committees. State priorities for research and demonstration projects involving water resources; and "(3) provide public information, education, extension, and technical assistance on the need for water conservation and information on proven and cost-effective water management. "(c) Each State committee established pursuant to this section shall elect a chairman, and shall meet at least once every three months at the call of the chairman, unless the chairman determines, after consultation with a majority of the members of the committee, that such a meeting is not necessary to achieve the purposes of this section. "SEC. 303. The Secretary shall annually allocate among the States of the High Plains region funds authorized to be appropriated for this section for research in— "(1) water-use efficiency; '' "(2) cultural methods; " '" " ^ -^^-w"(3) irrigation technologies; .00' "(4) water-efficient crops; and "(5) water and soil conservation. Funds distributed under this section shall be allocated to each State committee for use by institutions of higher education within each State. To qualify for funds under this section an institution of higher education shall submit a proposal to the State committee describing the costs, methods, and goals of the proposed research. Proposals shall be selected by the State committee on the basis of merit. "SEC. 304. The Secretary shall annually divide funds authorized to be appropriated under this section among the States of the High Plains region for research into— "(1) precipitation management; "(2) weather modification; "(3) aquifer recharge opportunities; "(4) saline water uses; "(5)desalinizationtechnologies;.. ^ •,.' "(6) salt tolerant crops; and "(7) ground water recovery. Funds distributed under this section shall be allocated by the Secretary to the State committee for distribution to institutions of higher education within such State. To qualify for a grant under this section, an institution of higher education shall submit a research proposal to the State committee describing the costs, methods, and

�