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 PUBLIC LAW 94-587—OCT. 22, 1976

90 STAT. 2925

by section 203 of the Flood Control Act of 1958 (72 Stat. 306) is hereby modified to authorize and direct the Secretary of the Army, acting through the Chief of Engineers, in connection with the construction of the Cowansque Dam to relocate the town of Nelson, Pennsylvania, to a new townsite. (b) As part of such relocation, the Secretary of the Army, acting New town through the Chief of Engineers, shall (1) cooperate in the planning planning, of a new town with other Federal agencies and appropriate non-Fed- cooperation. eral interests, including Nelson, (2) acquire lands necessary for the new town and to convey title to said lands to individuals, business or other entities, and to the town as appropriate, and (3) construct necessary municipal facilities. (c) The compensation paid to any individual or entity for the tak- Compensation. ing of property under this section shall be the amount due such individual or entity under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 less the fair market value 42 USC 4601 of the real property conveyed to such individual or entity in the new note. town. Municipal facilities provided under the authority of this section shall be substitute facilities which serve reasonably as well as those in the existing town of Nelson, except that such facilities shall be constructed to such higher standards as may be necessary to comply with applicable Federal and State laws. Additional facilities may be constructed, only at the expense of appropriate non-Federal interests. (d) Before the Secretary of the Army acquires any real property for the new townsite appropriate non-Federal interests shall furnish binding contractual commitments that all lots in the new townsite will be either occupied when available, will be replacements for open space and vacant lots in the existing town, or will be purchased by nonFederal interests at the fair market value. SEC. 122. (a) The Secretary of the Army, acting through the Chief Local of Engineers, is authorized and directed to review the requirement of cooperation. local cooperation with respect to providing a spoil disposal area for the project at Deep Creek, Warwick County (now within the city of Newport News), Vipginia, authorized by the Act of August 26, 1937 (commonly referre<^ to as the River and Harbor Act of 1937, 50 Stat. 846), to determine if (1) such requirement should be eliminated, and (2) Craney Island disposal area should he used as the spoil disposal area for dredged material from such project. Such review shall be completed Report to and submitted in a report to Congress within two years after the date of Congress. enactment of this section. (b) Beginning on the date of enactment of this section, (1) the requirement of local cooperation described in subsection (a) shall be suspended, and (2) Craney Island disposal area shall be used as the spoil disposal area for dredged material from such project, until Congress, by a statute enacted after the date on which the report required by subsection (a) is submitted, removes such suspension. SEC. 123. The Secretary of the Army, acting through the Chief of Los Angeles-Long Engineers, is authorized to operate and maintain the Los Angeles- Beach harbor Long Beach harbor model in Vicksburg, Mississippi, for the purpose of model, testing proposals for the improvement of navigation in, and the envi- Vicksburg, Miss,, ronmental quality of, the harbor waters of the ports of Los Angeles maintenance. and Long Beach to determine optimum plans for future expansion of both ports. Such testing shall include, but not be limited to, investigation of oscillations, tidal flushing characteristics, water quality, improvements for navigation, dredging, harbor fills, and physical structures.

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 90 STAT. 2926 Corpus Christi Bay, Tex., project modification. 82 Stat. 731.

Ante, p. 2917. Waiver.

Louisiana, highway construction.

Wister Lake, Okla., project modification.

PUBLIC LAW 94-587—OCT. 22, 1976 SEC. 124. (a) The Corpus Christi ship canal project for navigation in Corpus Christi Bay, Texas, authorized by the Rivers and Harbor Act of 1968 (P.L. 90-483) is hereby modified to provide that the nonFederal interests shall contribute 25 per centum of the costs of areas required for initial and subsequent disposal of spoil, and of necessary retaining dikes, bulkheads, and embankments therefor. Credit shall be allowed in connection with the above project in an amount equal to the reasonable expenditures made by non-Federal interests in the acquisition of spoil areas and construction of necessary retaining dikes, bulkheads, and embankments prior to the effective date of the Water Resources Development Act of 1976. (b) The requirements for appropriate non-Federal interests to contribute 25 per centum of the construction costs as set forth in subsection (a) shall be waived by the Secretary of the Army upon a finding by the Administrator of the Environmental Protection Agency that for the area to which such construction applies, the State of Texas, interstate agency, municipality, and other appropriate political subdivisions of the State and industrial concerns are participating in and in compliance with an approved plan for the general geographical area of the dredging activity for construction, modification, expansion, or rehabilitation of waste treatment facilities and the Administrator has found that applicable water quality standards are not being violated. SEC. 125. For the purposes of section 9 of the Act of March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401), the consent of Congress is hereby given to the State of Louisiana to construct such structures across any navigable water of the United States as may be necessary for the construction of the following highways: (1) Ivanhoe-Jeanerette, State project numbered 431-01-01 and 431-01-02 in Iberia and Saint Mary Parishes, Louisiana; (2) Larose-Lafitte Highway, State Route La 3134 in Jefferson and Lafourche Parishes, Louisiana, starting at Estelle in Jefferson Parish and proceeding southwesterly to Larose in Lafourche Parish; and (3) United States 90 Relocated (La 3052), in Saint Mary, Assumption, Terrebonne, and Lafourche Parishes, Louisiana, starting at United States 90 west of Raceland and proceeding westerly to a connnection with United States 90 at or near Morgan City, Louisiana. SEC. 126. The Secretary of the Army, acting through the Chief of Engineers, is authorized to undertake the phase I design memorandum stage of advanced engineering and design of a project for flood prevention and development of incidental recreation, preservation of the natural floodways, and protection of the watershed's soil resources, at an estimated cost of $370,000, substantially in accordance with the Floodwater Management Plan, North Branch of the Chicago River Watershed, Cook and Lake Counties, Illinois, dated October 1974, and also substantially in accordance with the watershed implementation program dated February 1974. SEC. 127. The project for Wister Lake, Arkansas River Basin, Oklahoma, authorized by section 4 of the Act of June 28, 1938, entitled "An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes" (52 Stat. 1218) is hereby modified to authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to recover and preserve impor • tant data from significant archeological sites located on project lands which will be adversely affected as a result of a change in seasonal pool operations. The costs of such work shall not exceed $250,000. SEC. 128. (a) The Secretary of the Army is authorized and directed to convey by quitclaim deed to C. B. Porter Scott and Dorothy Boren

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 PUBLIC LAW 94-587—OCT. 22, 1976

90 STAT. 2927

Scott of the county of Kandall, State of Texas, all rights, title, and interest of the United States in and to the following described tract of land acquired as part of the project for Belton Lake, Texas, author60 Stat. 641. ized by the Flood Control Act of 1946: A tract of land situated in the county of Bell, State of Texas, beingpart of the Stephen P. Terry Survey (A-812), and being part of a 271acre tract of land acquired by the United States of America from Frank Morgan, and others, by Declaration of Taking filed September 11, 1952, in Condemnation Proceedings (civil numbered 1311) in the District Court of the United States for the Western District of Texas, Waco Division, and being designated as "Tract Numbered P^-505 for Belton Lake", and being more particularly described as follows, all bearings being referred to the Texas Plane Coordinate System, Central Zone: Beginning at Government marker numbered F-503-2, situated in a northeasterly boundary line for said tract numbered F-505 for the point of beginning, said point of beginning being the southeast corner for a 0.25 acre tract of land acquired by the United States of America from Edward Cameron, et ux, by deed dated January 13, 1953, and recorded in volume 679 at page 456 and by correction deed dated May 25, 1955, and recorded in volume 722 at page 551) of the deed records of Bell County, Texas, and being designated as "Tract Numbered F-503 for Belton Lake", said point of beginning also being located south 74 degrees 21 minutes east, 38.3 feet from a point on top of the bluff for a re-entrant corner for said tract numbered F-505; thence along the boundary line for said tract numbered F-505 as follows: south 74 degrees and 21 minutes east, 271.70 feet to a point; thence south 45 degrees 14 minutes west, 154.5 feet to a point; thence south 28 degrees 09 minutes east, 185 feet to a point; thence north 73 degrees 45 minutes west, 324.23 feet to Government marker numbered A-65-9 for a northeast corner for a 79.70-acre tract of land acquired by the United States of America from Eleanor M. Paulk, and others, by deed dated July 28, 1952, and recorded in volume 672 at page 233 of the deed records of Bell County, Texas, and being designated as "Tract Numbered A-65 for Belton Lake"'; thence departing from the boundary line for said tract numbered F-505, north 27 degrees 53 minutes west, 169.85 feet to a point; thence north 55 degrees 26 minutes east, 184 feet more or less, to the point of beginning, containing 1.87 acres, more or less, (b) The grantees shall, as a condition to the conveyance authorized Payment, by subsection (a), pay to the United States an amount equal to the sum originally paid by the United States for the tract of land described in subsection (a) of this section. SEC. 129. (a) The project for liJlue Marsh Lake, Berks County, Blue Marsh Lake, Pennsylvania, a part of the plan for the comprehensive development Pa., project of the Delaware River Basin, as authorized by section 201 of the modification. Flood Control Act of 1962 (76 Stat. 1183), is hereby modified to authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to relocate and restore intact the historic structure and associated improvements known as the Gruber Wagon Works located on certain Federal lands to be inundated upon completion of the project, at an estimated cost of $922,000.

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 90 STAT. 2928 Title transfer.

42 USC 1962(1-5.

Souris River, N. Dak., project modification.

42 USC 1962d-5.

33 USC 577.

33 USC 701s.

33 USC 577 note. Ante, p. 2917. eertification procedure.

PUBLIC LAW 94-587—OCT. 22, 1976 (b) Upon completion of the relocation and restoration of the Gruber W a g o n W o r k s at a site mutually agreeable to the Secretary of the Army and the County of Berks, title to the structure and associated improvements and equipment shall be transferred to the County of Berks upon condition that such county agree to maintain such historic property in perpetuity as a public museum at no cost to the Federal Government. SEC. 130. The authorized McClellan-Kerr Arkansas River navigation system is hereby modified to provide a nine-foot deep navigation channel, one hundred feet in width, extending approximately ten miles from the McClellan-Kerr navigation sailing line upstream on the Big Sallisaw Creek and JUtle Sallisaw (Veek to and including a t u r n i n g basin, near Ignited Str.tes Highway 59, in a location generally conforming to Site I, as described in the Tulsa District Engineer's Project Formulation Memorandum entitled " B i g and Little Sallisaw Creeks, Oklahoma, Section 107 Xavigation Project" dated August 1973, at an estimated cost of $1,200,000. SEC. 131. (a) The first sentence of section 201(a) of the Flood Control Act of 1965 (Public Law 89-298) is amended by striking out "$10,000,000." and inserting in lieu thereof "$15,000,000.". (b) Section 201(b) of such Act is amended by striking out "$10,000,000" and inserting in lieu thereof "$15,000,000". SEC. 132. The project for flood protection on the Souris River at Minot, North Dakota, approved by resolutions of the Committee on Public W o r k s of the Senate and the Committee on Public W o r k s and Transportation of the House of Representatives under authority of section 201 of the Flood Control Act of 1965 (42 U.S.C. 1962-5), and modified by section 105 of tb.e W a t e r Resources Development Act of 1974 (88 Stat. 42), is hereby further modified to authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to reimburse the designated non-Federal interest for the estimated additional expense (exceeding that set forth in such section 105) incurred by such non-Federal interest in undertaking its required cooperation for the proposed channel realinement in the downstream area of the project near Logan, North Dakota, except that such reimbursement shall not exceed $250,000. SEC. 133. (a) Subsection (b) of section 107 of the River and H a r b o r Act of 1960 (74 Stat. 480) is further amended by striking out "$1,000,000" and inserting in lieu thereof "$2,000,000"'. (b) Section 61 of the W a t e r Resources Development Act of 1974 (88 Stat. 12) is amended as follows: (1) By striking out "$1,000,000" and inserting in lieu thereof "$2,000,000". _ (2) By striking out "$2,000,000" and inserting in lieu thereof "$3,000,000". (c) The amendments made by this section shall not apply to any project under contract for construction on the date of enactment of the W a t e r Resources Development Act of 1976. SEC. 134. (a) The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed within ninety days after enactment of this Act to institute a procedure enabling the engineer officer in charge of each district under the direction of the Chief of Engineers to certify, at the request of local interests, that particular local improvements for flood control can reasonably be expected to be compatible with a specific, potential project then under study or other form of consideration. Such certification shall be interpreted to assure local interests that they may go forward to construct such compatible

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 PUBLIC LAW 94-587—OCT. 22, 1976 improvements at local expense with the understanding that such improvements can be reasonably expected to be included within the scoi^e of the Federal project, if later authorized, both for the purposes of analyzing the costs and benefits of the project and assessing the local participation in the costs of such project. This subsection shall cease to be in eft'ect after December 31, 1977. (b) The Secretary of the Army, acting through the Chief of E n g i neers, is authorized and directed to include in the survey report on flood protection on Mingo Creek and its tributaries, Oklahoma, authorized by section 208 of the Flood Control Act of 1965, the costs and benefits of local improvements initiated by the city of Tulsa for such flood jjrotection subsequent to January 1, 1975, which the Chief of Engineers determines are compatible with and constitute an integral part of his recommended plan. I n determining the appropriate non-Federal share for such project the Chief of Engineers shall give recognition to costs incurred by non-Federal interest in carrying out such local improvements. SEC. 135. The project for P o r t San Luis Obispo Harbor, California, authorized by section 301 of the River and Plarbor Act of 1965, is hereby modified substantially in accordance with the plan described in the Los Angeles District Engineers report on " P o r t San Luis, California" dated April 1976, and the conditions of local cooperation specified in subparagraphs l.a. through l.o. of appendix 7 thereof, at an estimated cost of $6,040,000. SEC. 136. (a) The project for flood control on the Xapa River, Napa County, California, authorized by section 204 of the Flood Control Act of 1965, is hereby modified to authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to acquire approximately 577 acres of land for the purpose of mitigating adverse impacts on fish and wildlife occasioned by the project. The non-Federal share of the cost of such lands shall be the percentage as that required for the overall project. (b) Such project is further modified to include construction by the Secretary of the Army acting through the Chief of P^ngineers, of the Xapa Creek watershed project of the Soil Conservation Service approved June 25, 1962. (c) Xo part of the cost of the modified project authorized by this section shall include the cost of the Secretary of the Army, acting through the Chief of Engineers, performing maintenance dredging for the navigation project for the Xapa River. SEC. 137. The project for flood control in E a s t St. Louis and \icinity, Illinois, authorized by section 204 of the Flood Control Act approved October 27, 1965, is hereby modified to authorize the Secretary of the Army, acting through the Chief of P^ngineers, to construct the Blue Waters Ditch segment of the overall project independently of the other project segments. P r i o r to initiation of construction of the Blue W a t e r s Ditch segment, appropriate non-Federal interests shall agree, in accordance with the provisions of section 221 of the Flood Control Act of 1970, to furnish non-Federal cooperation for such segment. SEC. 138. The Secretary of the Army, acting through the Chief of Engineers, shall continue studies and construction of bank protection works pursuant to the project for the Sacramento River, Chico Landing to Red Bluff, California, authorized by the Flood Control Act of 1958, notwithstanding the completion of the remaining ten sites proposed for construction at the time of enactment of this Act,

90 STAT. 2929

Termination datis Mingo Creek, Okla., report. 79 Stat. 1085.

Port San Luis Obispo Harbor, Calif., project modification. 79 Stat. 1089.

Napa River, Calif., project modification. 79 USC 1074.

East St. Louis, 111., project modification.

42 USC 1962d-5b. Sacramento River, Calif., project study.

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 90 STAT. 2930 Waurika Dam and Reservoir, Okla., project modification.

33 USC 547a.

Susquehanna River, Pa., flood protection study; report to Congress. San Francisco Bay, investigation.

Study.

Hilo Bay Area and Kailua-Kona, Hawaii, study.

PUBLIC LAW 94-587—OCT. 22, 1976 SEC. 139. The project for Waurika Dam and Reservoir on Beaver Creek, Oklahoma, authorized by the Act of December 30, 1963 (P.L. 88-253), is hereby modified to provide that the interest rate applicable to the repayment by non-Federal interests of the cost of the water conveyance facilities shall be the same as the interest rate established for repayment of the cost of municipal and industrial water supply storage in the reservoir. SEC. 140. In the case of any authorized navigation project which has been partially constructed, or is to be constructed, which is located in one or more States, and which serves regional needs, the Secretary of the Army, acting through the Chief of Engineers, may include in any economic analysis which is under preparation at the time of enactment of this Act such regional economic development benefits as he determines to be appropriate for purposes of computing the economic justification of the project. SEC. 141. The Secretary of the Army, acting through the Chief of Engineers, is hereby authorized and directed to make a study and report which shall include his conclusions and recommendations to the Congress on the advisability and feasibility of providing flood protection by dredging the Susquehanna River in the Wyoming Valley, Pennsylvania, and the surrounding region. SEC. 142. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to investigate the flood and related problems to those lands lying below the plane of mean higher high water along the San Francisco Bay shoreline of San Mateo, Santa Clara, Alameda, Napa, Sonoma and Solano Counties to the confluence of the Sacramento and San Joaquin Rivers with a view toward determining the feasibility of and the Federal interest in providing protection against tidal and fluvial flooding. The investigation shall evaluate the effects of any proposed improvements on wildlife preservation, agriculture, municipal and urban interests in coordination with Federal, State, regional, and local agencies with particular reference to preservation of existing marshland in the San Francisco Bay region. SEC. 143. The Secretary of the Army, acting through the Chief of Engineers, is hereby authorized and directed to make a study in cooperation with the government of the Territory of American Samoa with particular reference to providing a plan for the development, utilization, and conservation of water and related land resources. Such study shall include appropriate consideration of the needs for flood protection, wise use of flood plain lands, navigation facilities, hydroelectric power generation, regional water supply and waste water management facilities systems, general recreation facilities, enhancement and control of water quality, enhancement and conservation of fish and wildlife, and other measures for environmental enhancement, economic and human resources development, and shall be compatible with comprehensive development plans formulated by local planning agencies and other interested Federal agencies. SEC. 144. The Secretary of the Army, acting through the Chief of Engineers, in cooperation with the State of Hawaii and appropriate units of local government, shall make a study of methods to develop, utilize, and conserve water and land resources in the Hilo Bay Area, Hawaii, and Kailua-Kona, Hawaii. Such study shall include, but not be limited to, consideration of the need for flood protection, appropriate use of flood plain lands, navigation facilities, hydroelectric power generation, regional water supply and waste water manage-

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 PUBLIC LAW 94-587—OCT. 22, 1976

90 STAT. 2931

ment facilities systems, recreation facilities, enhancement and conservation of water quality, enhancement and conservation of fish and wildlife, other measures for environmental enhancement, and economic and human resources development. Based upon the findings of such study, the Secretary of the Army, acting through the Chief of Engineers, shall prepare a plan for the implementation of such findings which shall be compatible with other comprehensive development plans prepared by local planning agencies and other interested Federal agencies. SEC. 145. The Secretary of the Army, acting through the Chief of Beaches. Engineers, is authorized upon request of the State, to place on the 33 USC 426j. beaches of such State beach-quality sand which has been dredged in constructing and maintaining navigation inlets and channels adjacent to such beaches, if the Secretary deems such action to be in the public interest and upon payment of the increased cost thereof above the cost required for alternative methods of disposing of such sand. SEC. 146. The project for harbor improvement at Noyo, Mendocino Noyo, Calif., County, California, authorized by the River and Harbor Act of 1962 breakwaters. (76 Stat. 1173), is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to construct such breakwaters as may be needed to provide necessary protection, but not more than two, and to construct such additional channel improvements, including, but not limited to, deepening, widening, and extensions, as he deems necessary to meet applicable economic and environmental criteria. SEC. 147. The Secretary of the Army, acting through the Chief of Columbia River, P^ngineers, is authorized and directed to conduct hydrographic sur- Wash., veys of the Columbia River from Richland, Washington, to Grand hydrographic Coulee Dam for the purpose of identifying navigational hazards and surveys. preparing maps of the river channel at an estimated cost of $500,000, and providing information necessary for establishment of aids to navigation. SEC. 148. The Secretary of the Army, acting through the Chief of 33 USC 419a. Engineers, shall utilize and encourage the utilization of such management practices as he determines appropriate to extend the capacity and useful life of dredged material disposal areas such that the need for new dredged material disposal areas is kept to a minimum. Management practices authorized by this section shall include, but not be limited to. the construction of dikes, consolidation and dewatering of dredged material, and construction of drainage and outflow facilities. SEC. 149. The Secretary of the Army, acting through the Chief of Shooters' Island, Engineers, is hereby authorized and directed to remove Shooters' N.Y., removal Island located north of Staten Island, New York, at the mouth of Arthur Kill and to utilize such removed material for fill and widening of Arthur Kill. SEC. 150. The Secretary of the Army, acting through the Chief of Wetland areas. Engineers, is authorized to plan and establish wetland areas as part 42 USC of an authorized water resources development project under his juris- 1962d-5e. diction. Establishment of any wetland area in connection with the dredging required for such a water resources development project may be undertaken in any case where the Chief of Engineers in his judgment finds that— (1) environmental, economic, and social benefits of the wetland area justifies the increased cost thereof above the cost required for alternative methods of disposing of dredged material for such project; and

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 90 STAT. 2932

PUBLIC LAW 94-587—OCT. 22, 1976

(2) the increased cost of such wethind area will not exceed $400,000; and (3) there is reasonable evidence that the wetland area to be established will not be substantially altered or destroyed by natural or man-made causes. Report to (b) Whenever the Secretary of the Army, acting through the Chief Congress. of Engineers, submits to Congress a report on a water resources development project after the date of enactment of this section, such report shall include, where appropriate, consideration of the establishment of wetland areas. (c) I n the computation of benefits and cost of any water resources development project the benefits of establishing of any wetland area shall be deemed to be at least equal to the cost of establishing such area. Costs. All costs of establishing a wetland area shall be borne by the United States. SEC. 151. The project for the Chief Joseph Dam authorized by the Chief Joseph Dam, Wash., Act of July 2, 1946' (Public Law 525, 79th Congress) is modified to project authorize the Secretary of the Army, acting through the Chief of modification. Engineers, to provide such temporary school facilities as he may deem 60 Stat. 634. necessary for the education of dependents of persons engaged in the construction of additional hydroelectric power facilities at Chief Cooperative eToseph Dam and Eeservoir, Washington. When he determines it to be arrangements. in the public interest, the Secretary, acting through the Chief of Engineers, may enter into cooperative arrangements with local and Federal agencies for the operation of such Government facilities, for the expansion of local facilities at Federal expense, and for contributions by the Federal Government to cover the increased cost to local agencies of providing the educational services required by the Government. Liberty Park, SEC. 152. The Secretary of the Army, acting through the Chief of N.J., levee and Engineers, is authorized to participate in the construction of a levee seawall. and protective seawall at Liberty P a r k, New Jersey, at an estimated cost of $12,600,000. A p p r o p r i a t e non-Federal interests shall furnish all necessary lands, easements and rights-of-way necessary for such project and shall contribute 30 per centum of the total cost exclusive of land costs. SEC. 153. The last sentence under the center heading "ARKANSAS-RED RIVER BAsix" in section 201 of the Flood Control Act of 1970 (84 Stat. 42 USC 1825) is amended to read as follows: "Construction shall not be ini1962d-5. tiated on any element of such project until such element has been approved by the Secretary of the Army.". 33 USC 59/. SEC. 154. The prohibitions and provisions for review and approval concerning wharves and piers in waters of the United States as set forth in section 10 of the Act of March 3, 1899 (30 Stat. 1151) and the first section of the Act of June 13, 1902 (32 Stat. 371) shall not apply to any body of water located entirely within one State which is, or could be, considered to be a navigable body of water of the United States solely on the basis of historical use in interstate commerce. SEC. 155. (a) Subsection (c) of section 32 of the W a t e r Resources 42 USC 1962d-5 Development Act of 1974 (Public Law 93-251) is amended by striking note. out the period at the end thereof and inserting in lieu thereof a semicolon and by adding at the end thereof the following: " (5) the delta of the Eel River, California. " (6) the lower Yellowstone River from I n t a k e Montana, to the mouth of such river.", (b) Subsection (e) of such section 32 is amended to read as follows:

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 PUBLIC LAW 94-587—OCT. 22, 1976

90 STAT. 2933

"(e) There is authorized to be appropriated not to exceed $50,000,000 Appropriation authorization. to carry out this section.". SEC. 156. The Secretary of the Army, acting through the Chief of Beach Engineers, is authorized to provide periodic beach nourishment in the nourishment. case of each water resources development project where such nourish- 42 USC ment has been authorized for a limited period for such additional 1962d-5f. period as he determines necessary but in no event shall such additional period extend beyond the fifteenth year which begins after the date of initiation of construction of such project. SEC. 157. (a) Section 12(b) of the Water Resources Development Act of 1974 (88 Stat. 17) is amended by striking out "one hundred and 33 USC 579. eighty" each time it appears and inserting in lieu thereof "ninety". (b) The amendment made by subsection (a) of this section shall Effective date. 33 USC 579 note. take effect on January 1, 1977. SEC. 158. The Secretary of the Army, acting through the Chief of Study and report. Engineers, is authorized and directed to make a comprehensive study 33 USC 540 note. and report on the system of waterway improvements under his jurisdiction. The study shall include a review of the existing system and its Review. capability for meeting the national needs including emergency and defense requirements and an appraisal of additional improvements necessary to optimize the system and its intermodal characteristics. The Report to Secretary of the Army, acting through the Chief of Engineers, shall Congress. submit a report to Congress on this study, within three years after funds are first appropriated and made available for the study, together with his recommendations. The Secretary of the Army, acting through the Chief of Engineers, shall, upon request, from time to time make available to the National Transportation Policy Study Commission established by section 154 of Public Law 94-280, the information and Ante, p. 448. other data developed as a result of the study. SEC. 159. The Marysville Lake project, California, authorized by Marysville Lake, the Flood Control Act of 1966 (80 Stat. 1405), is hereby modified to ealif., project authorize the Secretary of the Army, acting through the Chief of modification. Engineers, to undertake the phase I design memorandum stage of advanced engineering and d e s i ^ for a multiple-purpose project located at the Parks Bar site, including power development with pumped storage, at an estimated cost of $150,000. SEC. 160. The Secretary of the Army, acting through the Chief of Susitna River, Engineers, is authorized to undertake the phase I design memorandum Ala. stage of advanced engineering and design of the project for hydroelectric power on the Susitna River, Alaska, in accordance with the recommendations of the Board of Engineers for Rivers and Harbors in its report dated June 24, 1976, at an estimated cost $25,000,000. This shall take effect upon submittal to the Secretary of the Army by Notice to the Chief of Engineers and notification to Congress of the approval of Congress. the Chief of Engineers. SEC. 161. Section 32 of the Water Resources Development Act of 42 USC 1962d-5 1974 (88 Stat. 12) is amended as follows: (1) In subsection (c)(3) strike "; and" and add ", including areas note. on the right bank at river miles 1345; 1310; 1311; 1316.5; 1334.5; ]:^41; 1348.5; 1379.5; 1385; and on the left bank at river miles 1316.5; 1320.5; 1323; 1326.5; 1335.7; 1338.5; 1345.2; 1357.5; 1360; 1366.5; 1368; and 1374;"; ^2) A new subsection (f) is added as follows: (f) The Secretary of the Army shall make an interim report to Reports to Congress on work undertaken pursuant to this section by Septem- Congress. ber 30, 1978, and shall make a [final] report to the Congress no later than December 31, 1981.".

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 90 STAT. 2934 Nonnavigable waters. 33 USC 59m. Study.

Snake River, Oreg., Wash., Idaho, project modification.

42 USC 1962d-5b.

Appropriation authorization. Repeal. 40 USC 53. Demonstration program. 33 USC 426k.

controllable diversion rate.

PUBLIC LAW 94-587—OCT. 22, 1976

SEC. 162, For the purposes of section 10 of the Act of March 3, 1899 (30 Stat. 1151) (33 U.S.C. 401) the following bodies of water are declared nonnavigable: Lake Oswego, Oregon; Lake Coeur d'Alene, Idaho; and Lake George, New York. SEC. 163. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to study water and surface transportation needs resulting from the expansion and further development of the San Pedro Bay ports. Such study shall include, but not be limited to, the feasibility and advisability of enlarging the Dominguez Channel for flood control purposes. SEC. 164. The project for the Snake River, Oregon, Washington, and Idaho, authorized in section 2 of the River and Harbor Act of 1945 (59 Stat. 21) is hereby modified to authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to construct at full Federal expense a four-lane, high-level highway bridge and approaches thereto connecting the cities of Lewiston, Idaho, and Clarkston, Washington, at or near river mile 141.3 of the Snake River, approximately two miles upstream of the present United States Highway 12 bridge. Before construction may be initiated the non-Federal interests shall agree pursuant to section 221 of the Flood Control Act of 1970 (P.L. 91-611) to (1) hold and save the United States free from damages resulting from construction of the bridge and its approaches, (2) provide without cost to the United States all lands, easements, and rights-of-way necessary for the construction of the bridge and its approaches, and (3) own, maintain, and operate the bridge and its approaches after construction is completed, free to the public. There is authorized to carry out this section not to exceed $21,000,000. SEC. 165. That portion of the first section of the Act of September 1, 1916 (39 Stat. 693) entitled "Washington Aqueduct" is hereby repealed. SEC. 166. (a) In order to alleviate water damage on the shoreline of Lake Michigan and others of the Great Lakes during periods of abnormally high water levels in the Great Lakes, and to improve the water quality of the Illinois Waterway, the Secretary of the Army, acting through the Chief of Engineers, is authorized to carry out a five-year demonstration program to temporarily increase the diversion of water from Lake Michigan at Chicago, Illinois, for the purpose of testing the practicability of increasing the average annual diversion from the present limit of three thousand two hundred cubic feet per second to ten thousand cubic feet per second. The demonstration program will increase the controllable diversion by various amounts calculated to raise the average annual diversion above three thousand two hundred cubic feet per second up to ten thousand cubic feet per second. The increase in diversion rate will be accomplished incrementally and will take into consideration the effects of such increase on the Illinois Waterway. The program will be developed by the Chief of Engineers in cooperation with the State of Illinois and the Metropolitan Sanitary District of Greater Chicago. The program will be implemented by the State of Illinois and the Metropolitan Sanitary District of Greater Chicago under the supervision of the Chief of Engineers. (b) During the demonstration program a controllable diversion rate will be established for each month calculated to establish an annual average diversion from three thousand two hundred cubic feet per second to not more than ten thousand cubic feet per second. When the level of Lake Michigan is below its average level, the total

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90 STAT. 2935

diversion for the succeeding accounting year shall not exceed three thousand two hundred cubic feet per second on an annual basis. The average level of Lake Michigan will be based upon the average monthly level for the period from 1900 to 1976. (c) When river stages approach or are predicted to approach bankfull conditions at the established flood warning stations on the Illinois Waterway or the Mississippi River, or when further increased diversion of water from Lake Michigan would adversely affect water levels necessary for navigational requirements of the Saint Lawrence Seaway in its entirety throughout the Saint Lawrence River and Great Lakes-Saint Lawrence Seaway, water shall not be diverted directly from Lake Michigan at the Wilmette, O'Brien, or Chicago River control structures other than as necessary for navigational requirements. (d) The Chief of Engineers shall conduct a study and a demon- Study and stration program to determine the effects of the increased diversion demonstration on the levels of the Great Lakes, on the water quality of the Illinois program. Waterway, and on the susceptibility of the Illinois Waterway to additional flooding. The study and demonstration program will also investigate any adverse or beneficial impacts which result from this section. The Chief of Engineers, at the end of five years after the enactment Results, of this section, will submit to the Congress the results of this study submittal to and demonstration program including recommendations whether to continue this authority or to change the criteria stated in subsection (b) of this section. (e) For purposes of this section, controllable diversion is defined Controllable as that diversion at Wilmette, O'Brien, and Chicago River control diversion. structures which is not attributable to leakage or which is not necessary for navigational requirements. SEC. 167. (a_) The Secretary of the Army, acting through the Chief Hydroelectric of Engineers, is authorized and directed to conduct a study of the most power resources, efficient methods of utilizing the hydroelectric power resources at study. water resource development projects under the jurisdiction of the 42 USC 1962d-5g. Secretary of the Army and to prepare a plan based upon the findings of such study. Such study shall include, but not be limited to, an analysis of— (1) the physical potential for hydroelectric development, giving consideration to the economic, social, environmental and institutional factors which will affect the realization of physical potential; (2) the magnitude and regional distribution of needs for hydroelectric power; (3) the integration of hydroelectric power generation with generation from other types of generating facilities; (4) measures necessary to assure that generation from hydroelectric projects will efficiently contribute to meeting the national electric energy demands; (5) the timing of hydroelectric development to properly coincide with changes in the demand for electric energy; (6) conventional hydroelectric potential, both high head and low head projects utilizing run-of-rivers and possible advances in mechanical technology, and pumped storage hydroelectric potential at sites which evidence such potential; (7) the feasibility of adding or reallocating storage and modifying operation rules to increase power production at corps projects with existing hydroelectric installations;

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Plan, transmittal to congressional committees.

Appropriation authorization. Feasibility studies.

Appropriation authorization.

42 USC 1962d-16. Pine Mountain Lake on Lee Creek, Ark.Okla., project construction. 16 USC 460/-12 note. Little Dell Project, Salt Lake eity Streams, Utah, modification. Sowashee Creek, Meridian, Miss., project modification.

Mermentau River and the Gulf of Mexico Navigation Channel, La. Notice to Congress.

PUBLIC LAW 94-587—OCT. 22, 1976 (8) measures deemed necessary or desirable to insure that the potential contribution of hydroelectric resources to the overall electric energy supply are realized to the maximum extent possible; and (9) any other pertinent factors necessary to evaluate the development and operation of hydroelectric projects of the Corps of Engmeers. (b) Within three years after the date of the first appropriation of funds for the purpose of carrying out this section, the Secretary of the Army, acting through the Chief of Engineers, shall transmit the plan prepared pursuant to subsection (a) with supporting studies and documentation, together with the recommendations of the Secretary and the Chief of Engineers on such plan, to the Committee on Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives. (c) There is authorized to be appropriated to carry out subsections (a) and (b) of this section not to exceed $7,000,000. (d) The Secretary of the Army, acting through the Chief of Engineers, is authorized with respect to previously authorized projects to undertake feasibility studies of specific hydroelectric power installations that are identified in the course of the study authorized by this section, as having high potential for contribution toward meeting regional power needs. There is authorized to be appropriated to carry out this subsection not to exceed $5,000,000 per fiscal year for each of the fiscal years 1978 and 1979. SEC. 168. Subsection 22(b) of the Water Resources Development Act of 1974 (Public Law 93-251) is amended by striking out "$2,000,000" and inserting in lieu thereof "$4,000,000". SEC. 169. Notwithstanding any other provision of law, the project for Pine Mountain Lake on Lee Creek, Arkansas and Oklahoma, authorized by section 204 of the Flood Control Act of 1965 (79 Stat. 1073), shall be constructed, operated, and maintained in accordance with the Federal Water Project Recreation Act (Public Law 89-72). SEC. 170. The Little Dell Project, Salt Lake City Streams, Utah, authorized in section 203 of the Flood Control Act of 1968 (P.L. 90-483; 82 Stat. 744) is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to decrease the amount of storage capacity so as to more adequately reflect existing needs. SEC. 171. The Secretary of the Army, acting through the Chief of Engineers, is hereby authorized to undertake the phase I design memorandum stage of advanced engineering and design of the project elements involving the lowermost 10.1 mile-long segment of channel modification of Sowashee Creek at Meridian, Mississippi, substantially in accordance with the plan of development approved by the Administrator, Soil Conservation Service, United States Department of Agriculture, on October 15, 1974, at an estimated cost of $450,000. SEC. 172. The project for assumption of maintenance of the Mermentau River and the Gulf of Mexico Navigation Channel, Louisiana, is hereby adopted and authorized to be prosecuted by the Secretary of the Army, acting through the Chief of Engineers, substantially in accordance with the plans and subject to the conditions contained in the report of the Board of Engineers for Rivers and Harbors dated January 16, 1976, at an estimated annual cost of $155,000. This shall take eftect upon submittal to the Secretary of the Army by the Chief

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 PUBLIC LAW 94-587—OCT. 22, 1976 of Engineers and notification to Congress of the approval of the Chief of Engineers. SEC. 173. The project for flood protection in the Bassett Creek Watershed, Minnesota, is hereby adopted and authorized to be prosecuted by the Secretary of the Army, acting through the Chief of Engineers, substantialy in accordance with the plans and subject to the conditions contained in the report of the Board of Engineers for Rivers and Harbors dated July 26, 1976, at an estimated cost of $7,593,000. This shall take effect upon submittal to the Secretary of the Army by the Chief of Engineers and notification to Congress of the approval of the Chief of Engineers. SEC. 174. The project of Caddo Dam and Reservoir, Louisiana, authorized by the Flood Control Act of 1965 (79 Stat. 1077, P.L. 89-298) is hereby modified to provide that the operation and maintenance of the project shall be the responsibility of the Secretary of the Army, acting through the Chief of Engineers. SEC. 175. The Secretary of the Army, acting through the Chief of Engineers, is authorized to undertake the phase I design memorandum stage of advanced engineering and design of the project for harbor modification at Cleveland Harbor, Ohio, in accordance with the report of the District Engineer, dated June 1976, at an estimated cost of $500,000. This shall take effect upon submittal to the Secretary of the Army by the Chief of Engineers and notification to Congress of the approval of the Chief of Engineers. SEC. 176. The Secretary of the Army, acting through the Chief of Engineers, is hereby authorized and directed to cause a survey to be made at the Navajo Indian Reservation, Arizona, New Mexico, and Utah for flood control and allied purposes, and subject to all applicable provisions of section 217 of the Flood Control Act of 1970 (Public Law 91-611), at an estimated cost of $2,000,000; and to submit reports thereon to the Congress with the recommendations. SEC. 177. The authorization of the Gaysville Dam and Lake project, Stockbridge, Chittenden, and Rochester, Vermont, provided by section 5 of the Flood Control Act of 1936, as modified by the Acts of Congress approved May 25, 1937, June 28, 1938, and August 18, 1941, is terminated upon the enactment of this Act. SEC. 178. (a) If the Secretary of the Army, acting through the Chief of Engineers, finds that the proposed project to be erected at the location to be declared nonnavigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of any bulkheading and filling and permanent pile-supported structure, in order to preserve and maintain the remaining navigable waterway and on the basis of environmental studies conducted pursuant to the National Environmental Policy Act of 1969, then that portion of the Hudson River in Hudson County, State of New Jersey, bounded and described as follows is hereby declared to be nonnavigable water of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given to the filling in of all or any part thereof and the erection of permanent pile-supported structures thereon: Such portion is in the township of North Bergen in the county of Hudson and State of New Jersey, and is more particularly described as follows: At a point in the easterly right-of-way of New Jersey Shore Line Railroad (formerly New Jersey Junction Railroad) said point being located northerly, measured along said easterly right-of-way, 81.93 feet from Station 54-f 42.4 as shown

90 STAT. 2937

Bassett Creek Watershed, Minn., project.

Notice to Congress. Caddo Dam and Reservoir, La., project modification. Cleveland Harbor, Ohio, project.

Notice to Congress. Navajo Indian Reservation, Ariz.-N. Mex.Utah, survey. Reports to Congress. 84 Stat. 1830. Gaysville Dam and Lake project, Vt., termination.

Hudson River, Hudson County, N.J. 33 USC 59n.

42 USC 4321 note.

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Plan approval. Reimbursement.

Hackensack River, Hudson County, N.J. 33 USC 59o.

42 USC 4321 note.

PUBLIC LAW 94-587—OCT. 22, 1976 on construction drawing dated May 23, 1931, of River lioad, filed in the Office of the Hudson County Engineer, Jersey City, New Jersey: thence (1) northerly and along said easterly right-of-way on a bearing of north 12 degrees 11 minutes 14 seconds east, a distance of 280 feet to a point; thence (2) south 75 degrees 28 minutes 24 seconds east, a distance of 310 feet to a point; thence (3) south 17 degrees 15 minutes 41 seconds east, a distance of 101.70 feet to a point; thence (4) south 62 degrees 18 minutes 12 seconds east a distance of 355.64 feet to a point in the exterior solid fill line of April 7, 1903, and the bulkhead line of April 28, 1904, on the Hudson River; thence (5) along said exterior solid fill and bulkhead lines south 28 degrees 55 minutes 51 seconds west, a distance of 523 feet to a point in the northerly line of lands now or formerly of New York State Realty and Terminal Company; thence (6) north 61 degrees 34 minutes 29 seconds west, and along said northerly line of the New York State Realty and Terminal Company, a distance of 590.08 feet to a point in the aforementioned easterly right-of-way of the New Jersey Shore Line Railroad; thence (7) northerly and along said easterly right-of-way of the New Jersey Shore Line Railroad on a curve to the left a radius of 995.09 feet, an arc length of 170.96 feet to a point therein; thence (8) northerly, still along the same, on a bearing of north 12 degrees 11 minutes 14 seconds east, a distance of 81.93 feet to the point and place of beginning. Said parcel containing 8 acres being the same more or less. (b) The declaration in subsection (a) of this section shall apply only to portions of the above-described area which are either bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section. SEC. 179. (a) If the Secretary of the Army, acting through the Chief of Engineers finds that the proposed project to be erected at the location to be declared nonnavigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of any bulkheading and filling and permanent pile-supported structure, in order to preserve and maintain the remaining navigable waterway, and on the basis of environmental studies conducted pursuant to the National Environmental Policy Act of 1969, then those portions of the Hackensack River in Hudson County, State of New Jersey, bounded and described as follows are hereby declared to be nonnavigable waters of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given to the filling in of all or any part thereof and the erection of permanent pile-supported structures thereon: Beginning at a point where the southeasterly shoreline (mean high water line) of the Hackensack River intersects the easterly line of the Erie Railroad said point property being 2,015.38 feet

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northerly along said railroad property from where it intersects the northerly line of the Meadowlands Parkway (100 feet wide) and running from: thence north 19 degrees 20 minutes 54 seconds west 50.00 feet; thence north 37 degrees 30 minutes 08 seconds east 615.38 feet; thence north 03 degrees 02 minutes 56 seconds east, 2,087 feet; thence north 31 degrees 11 minutes 06 seconds east 577 feet; thence north 74 degrees 29 minutes 18 seconds east 541.25 feet; thence south 62 degrees 01 minute 31 seconds east 400 feet; thence south 55 degrees 46 minutes 27 seconds east 612.52 feet; thence south 34 degrees 13 minutes 33 seconds west 517.79 feet; thence south 55 degrees 46 minutes 27 seconds east 158.81 feet; thence south 34 degrees 13 minutes 33 seconds west 310 feet; thence north 55 degrees 26 minutes 27 seconds north 15 feet; thence south 34 degrees 13 minutes 33 seconds west 592 feet; thence running in a southwesterly direction along the shoreline (mean high water line) of the Hackensack River, a distance of 2,360 feet being the same more or less to the easterly property line of the Erie Railroad and the point or place of beginning. Said parcel containing 67.6 acres being the same more or less. (b) The declaration in subsection (a) of this section shall apply only to portions of the described area which are either bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section. SEC. 180 (a) The Secretary of the Army, acting through the Chief Lake Ontario of Engineers, is directed to develop a plan for shoreline protection and Protection Act of beach erosion control along Lake Ontario, and report on such plan 1976. to the Congress as soon as practicable. Such report shall include recom- Plan, report to Congress. mendations on measures of protection and proposals for equitable cost 33 USC 426/. sharing, together with recommendations for regulating the level of Lake Ontario to assure maximum protection of the natural environment and to hold shoreline damage to a minimum. (b) Until the Congress receives and acts upon the report required under subsection (a) of this section, all Federal agencies having responsibilities affecting the level of Lake Ontario shall, consistent with existing authority, make every effort to discharge such responsibilities in a manner so as to minimize damage and erosion to the shoreline of Lake Ontario. (c) There is authorized to be appropriated to carry out this section Appropriation authorization. $2,000,000. (d) This section may be cited as the "Lake Ontario Protection Act Citation of section. of 1976". SEC. 181. (a)(1)_ Subject to paragraph (2) of this subsection, the 42 USC consent of Congress is granted under section 9 of the Act of March 3, 1962(1-1 la. 1899 (30 Stat. 11.51; 33 TJ.S.C. 401), to the Washington Suburban Sanitary Commission to construct a water diversion structure, with an elevation not to exceed one hundred and fifty-nine feet above sea level, from the north shore of the Potomac River at the Washington Suburban Sanitary Commission water filtration plant to the north shore of Watkins Island. (2) The structure authorized by paragraph (1) of this subsection, Written may not be constructed (A) until the Secretary of the Army, acting agreement. through the Chief of Engineers, and the State of Maryland, the Com-

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42 USC 1962d-7 note.

58 Stat. 887. 64 Stat. 170.

62 Stat. 1175. 80 Stat. 1418.

49 Stat. 1572. 60 Stat. 641. 84 Stat. 312.

Ruby, Tenn., site acquisition. 16 USC 460ee.

PUBLIC LAW 94-587—OCT. 22, 1976 monwealth of Virginia, the Washington Suburban Sanitary Commission, and such other governmental authorities as the Secretary of the Army, the State of Maryland, and the Commonwealth of Virgmia deem desirable signatories enter into a written agreement providing an enforceable schedule for allocation among the parties to such agreement for the withdrawal of the waters of that portion of the Potomac River located between Little Falls Dam and the farthest upstream limit of the pool of water behind the Chesapeake and Ohio Canal Company rubble dam at Seneca, Maryland, during periods of low flow of such portion of such river, and (B) unless such construction is not in conflict with the report of the Secretary of the Army, acting through the Chief of Engineers, submitted pursuant to section 85 of the Water Resources Development Act of 1974. (b) The Secretary of the Army, acting through the Chief of Engineers, is authorized to enter into the agreement referred to in subsection (a)(2) of this section and any amendment to or revision of such agreement. (c) Except as may be provided in the agreement referred to in subsection (a)(2) of this section, nothing in this section shall alter any riparian rights or other authority of the State of Maryland, or any political subdivision thereof, the Commonwealth of Virginia, or any political subdivision thereof, or the District of Columbia, or authority of the Corps of Engineers existing on the date of enactment of this section relative to the appropriation of water from, or the use of, the Potomac River, SEC. 182. (a) The authorization for the Richard B. Russell Dam and Lake (formerly Trotters Shoals Reservoir), contained in section 203 of the Flood Control Act of 1966 (80 Stat. 1405) is hereby amended by deleting the following: "Nothing in this Act shall be construed to authorize inclusion of pumped storage power in this project.". (b) The Secretary of the Army, acting through the Chief of Engineers, is authorized to install a fifth hydropower unit at the Hartwell Reservoir on the Savannah River, South Carolina and Georgia, approved in the Flood Control Acts of December 22, 1944, and May 17, 1950, at an estimated increased cost of $15,700,000. SEC. 183. The West Tennessee tributaries feature Mississippi River and tributaries project (Obion and Forked Deer Rivers), Tennessee, authorized by the Flood Control Acts approved June 30, 1948, and Novmber 7, 1966, as amended and modified, is hereby further amended to authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to construct, to main-stem levee standards, a levee with appurtenant works for flood protection immediately east of the authorized diversion channel of the Obion River, authorized by the Flood Control Act of June 22, 1936, as amended by the Flood Control Act of July 24, 1946, and further amended by section 7 of the River Basin Monetary Authorization Act of 1971, from near the mouth of the diversion channel to the vicinity of Highway 88 and thence to high ground in the vicinity of Porter Gap, at an estimated cost of $1,000,000. SEC. 184. Section 108 of Public Law 93-251 is amended as follows: (a) At the end of subsection (a) add the following: "The Secretary may acquire sites at locations outside such boundaries, as he determines necessary, for administrative and visitor orientation facilities. The Secretary may also acquire a site outside such boundaries at or near the location of the historic Tabard Inn in Ruby, Tennessee, includ-

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ing such lands as he deems necessary, for the establishment of a lodge with recreational facilities as provided in subsection (e)(3)."; (b) In subsection (b), after the " (b) " insert " (1) " and at the end of such subsection insert the following: "(2) The Secretary may by agreement with the Secretary of the Interim Interior provide for interim management by the Department of the management. Interior, in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535) (16 U.S.C. 1, 2-4) as amended and supplemented, of any portion or portions of the project which constitute a logically and efficiently administrable area. The Secretary is authorized to trans- Transfer of funds. fer funds to the Department of the Interior for the costs of such interim management out of funds appropriated for the project."; (c) In subsection (c)(1), after the phrase "States of Kentucky and Tennessee or any political subdivisions thereof" insert the following: "which were in public ownership at the time of enactment of this section."; (d) At the end of subsection (e)(2)(A), strike the period and insert the following: "and except that motorboat access into the gorge area shall be permitted up to a point one-tenth of a mile downstream from Devil's Jumps; and except for the continued operation and maintenance of the rail line currently operated and known as the K & T Kailroad. The Secretary shall acquire such interest in the K & T Kailroad right-of-way by easement as he deems necessary to protect the scenic, esthetic, and recreational values of the gorge area and the adjacent areas."; (e) In subsection (e)(2)(C), strike the period at the end and insert the following: ", the road entering the gorge across from the mouth of Station Camp Creek."; and (f) In subsection (e)(2)(K), strike "$32,850,000" and insert in lieu thereof "$103,522,000". SEC. 185. The Secretary of the Army, acting through the Chief of TennesseeEngineers, is directed to make a maximum effort to assure the full Tombigbee participation of members of minority groups, living in the States Waterway project participating in the Tennessee-Tombigbee Waterway Development construction, minority groups Authority, in the construction of the Tennessee-Tombigbee Waterway participation. project, including actions to encourage the use, wherever possible, of 33 USC 544c. minority owned firms. The Chief of Engineers is directed to report on Report to July 1 of each year to the Congress on the implementation of this Congress. section, together with recommendation for any legislation that may be needed to assure the fuller and more equitable participation of members of minority groups in this project or others under the direction of the Secretary. SEC. 186. The Act entitled "An Act to authorize construction of the Mississippi River-Gulf outlet", approved March 29, 1956 (70 Stat. 65), is amended by inserting before the period at the end thereof a colon and the following: '•And provided further, That such conditions of local cooperation shall not apply to the construction of bridges (at a cost not to exceed $71,500,000) required as a result of the construction of the Mississippi River-Gulf outlet channel if the Secretary of the Army, after consultation with the Secretary of Transportation, determines prior to the construction of such bridges that the Federal Government will not assume the costs of such work in accordance with section 132(a) of the Federal-Aid Highway Act of 1976 (Public Law 91-280); and before construction of the bridges may be initiated Ante, p. 441. the non-Federal public bodies involved shall agree pursuant to section 221 of the Flood Control Act of 1970 (Public Law 91-611) to (a) 42 USC 1962d-5b.

89-194 O—78—pt. 2

93

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Red River Waterway, La., Tex., Ark., Okla. project modification.

Appropriation authorization. Big Blue Lake, Kans., project modification.

Appropriation authorization.

PUBLIC LAW 94-587—OCT. 22, 1976

hold and save the United States free from damages resulting from construction of the bridges and their approaches, (b) provide without cost to the United States all lands, easements, and rights-of-way necessary for the construction of the bridges and their approaches, and (c) maintain and operate the bridges and their approaches after construction is completed". SEC. 187. The project for navigation and bank stabilization in the Red River Waterway, Louisiana, Texas, Arkansas, and Oklahoma, authorized by the Rivers and Harbors Act of 1968 (82 Stat. 731) is hereby modified to provide that the non-Federal interests shall contribute 25 per centum of the construction costs of retaining dikes, bulkheads, and embankments required for initial and subsequent disposal of dredged material, and the Federal cost shall be 75 per centum (currently estimated at $3,700,000). The requirements for appropriate non-Federal interests to furnish an agreement to contribute 25 per centum of the construction cost set forth above shall be waived by the Secretary of the Army upon a finding by the Administrator of the Environmental Protection Agency that for the area to which such construction applies, the State or States involved, interstate agency, municipality, other appropriate political subdivisions of the State, and industrial concerns are participating in and in compliance with an approved plan for the general geographical area of the dredging activity for construction, modification, expansion, or rehabilitation of waste treatment facilities and the Administrator has found that applicable water quality standards are not being violated. SEC. 188. Notwithstanding any other provision of law, the Secretary of the Army, acting through the Chief of Engineers, at the request of the city of Williston, North Dakota, is authorized and directed to take such action as may be necessary to relocate certain water intakes, located on a pier of the Lewis and Clark Bridge on the Missouri River, threatened by siltation. There is authorized to be appropriated not to exceed $1,000,000 to carry out the provisions of this section. SEC. 189. (a) The project for Tuttle Creek Lake, Big Blue Lake, Kansas, authorized as a unit of the comprehensive plan for flood control and other purposes, Missouri River Basin, by the Flood Control Act approved June 28, 1938, as modified, is hereby further modified to authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to (1) provide a residential access road near Waterville, Kansas, from a point of intersection with F A S Route 431, located approximately 0.2 miles south of the northeast corner of section 16, township 4 south, range 6 east, and extending in an east southeasterly direction to a point of intersection with the existing township road located near the center of section 14, township 4 south, range 6 east, and (2) to replace the existing Whiteside Bridge, located one mile northwest of Blue Rapids, Kansas, so as to obtain an elevation of 1128.0 mean sea level. (b) There is authorized to be appropriated not to exceed $630,000 to carry out the purposes of this section. SEC. 190. (a) The Secretary of the Army, acting through the Chief of Engineers, is authorized to undertake the phase I design memorandum stage of advanced engineering and design on the Days Creek unit of the project for flood control and other purposes on the Red River below Denison Dam, Texas, Arkansas, and Louisiana, substantially in accordance with the report of the Board of Engineers for Rivers and Harbors at an estimated cost of $300,000. This shall take effect upon submittal to the Secretary of the Army by the Chief of

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 PUBLIC LAW 94-587—OCT. 22, 1976

90 STAT. 2943

Engineers and notification to Congress of the approval of the Chief of Engineers. (b) The Secretary of the Army, acting through the Chief of Engineers, is authorized to construct the project for flood control and other purposes on the Red River below Denison Dam, Texas, Arkansas and Louisiana, in accordance with the report of the Chief of Engineers dated August 3, 1976, at an estimated cost of $4,131,000. SEC. 191. The Secretary of the Army, acting through the Chief of Galveston Bay, Engineers, is authorized to undertake the non-structural flood pro- Baytown, Tex., tection project on Galveston Bay at Baytown, Texas, in accordance project. with the final report of the Chief of Engineers, at an estimated Federal cost of $15,680,000; and provided that non-Federal interests shall be required to pay 20 per centum of the project costs. SEC. 192. The project for flood protection and other purposes on Deep Fork River, the Deep Fork River in the vicinity of Arcadia, Oklahoma, author- Arcadia, Okla., ized in section 201 of Public Law 91-611, is amended and reauthor- project. ized so as to delete the benefits for water quality and to include 84 Stat. 1824. benefits for water supply. SEC. 193. In order to assure an adequate supply of food to the Study. Nation and to promote the economic vitality of the High Plains Plans, report to Region, the Secretary of Commerce (hereinafter referred to in this Congress. section as the "Secretary"), acting through the Economic Develop- 42 USC ment Administration, in cooperation with the Secretary of the Army, 1962d-18. acting through the Chief of Engineers, and appropriate Federal, State, and local agencies, and the private sector, is authorized and directed to study the depletion of the natural resources of those regions of the States of Colorado, Kansas, New Mexico, Oklahoma, Texas, and Nebraska presently utilizing the declining water resources of the Ogallala acquifer, and to develop plans to increase water supplies in the area and report thereon to Congress, together with any recommendations for further congressional action. In formulating these plans, the Secretary is directed to consider all past and ongoing studies, plans, and work on depleted water resources in the region, and to examine the feasibility of various alternatives to provide adequate wMter supplies in the area including, but not limited to, the transfer of water from adjacent areas, such portion to be conducted by the Chief of Engineers to assure the continued economic growth and vitality of the region. The Secretary shall report on the costs of Report. reasonably available options, the benefits of various options, and the costs of inaction. If water transfer is found to be a part of a reasonable solution, the Secretary, as part of his study, shall include a recommended plan for allocating and distributing water in an equitable fashion, taking into account existing water rights and the needs for future growth of all affected areas. An interim report, with rec- Reports to ommendations, shall be transmitted to the Congress no later than Congress. October 1, 1978, and a final report, with recommendations, shall be transmitted to Congress not later than July 1, 1980. A sum of Appropriation $6,000,000 is authorized to be appropriated for the purposes of carry- authorization. ing out this section. SEC. 194. The project for the Cochiti Reservoir in New Mexico as Cochiti part of the project for the improvement of the Rio Grande Basin, Reservoir, N. authorized in the Flood Control Act of 1960 (74 Stat. 488), is mod- Mex., project ified in order to direct the Secretary of the Army, acting through the modification. Chief of Engineers, to construct, for public recreation purposes, an access road from United States highway numbered 85 to such reservoir. There is authorized to be appropriated not to exceed $1,500,000 Appropriation authorization. to carry out the purposes of this section.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1476

 90 STAT. 2944 Sante Fe, N. Mex., project construction.

16 USC 460/-12 note. Lucky Peak Lake, Idaho, project modification. 60 Stat. 641. 33 USC 1252.

Days ereek Dam, South Umpqua River, Oreg.

eook Inlet, Alaska, project modification. 72 Stat. 297.

Metlakatla and Annette Island, Alaska, study. 88 Stat. 22.

PUBLIC LAW 94-587—OCT. 22, 1976 SEC. 195. (a) The Secretary of the Army, acting through the Chief of Engineers, is authorized to construct a project for local flood protection on the Santa Fe River and Arroyo Mascaras at and in the vicinity of Santa Fe, New Mexico, pursuant to the report of the Chief of Engineers dated June 29, 1976, for flood control and allied purposes, at an estimated cost of $8,200,000: Provided, That the project shall not include construction of any impoundments east of the existing Nichols Dam: And provided further, That in any earth-moving operations in connection with the construction of such project, the sources of material, and the routes for transporting such materials to the construction sites shall be selected in a way that minimizes any adverse effect on normal transportation movements within the city of Santa Fe, New Mexico. (b) Notwithstanding any other provision of law, the project for Pine Mountain Lake on Lee Creek, Arkansas and Oklalioma, authorized by section 204 of the Flood Control Act of 1965 (79 Stat. 1073), shall be constructed, operated, and maintained in accordance with the Federal Watoi- Project Recreation Act, Public Law 89-72, as amended. SEC. 196. The project for Lucky Peak Lake, Idaho, authorized by the Flood Control Act of 1946, is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to modify the outlet works in the Lucky Peak Dam at a Federal cost not to exceed $4,100,000, to assure maintenance of adequate flows along the Boise River: Provided, That provisions of section 102(b) of the Federal Water Pollution Control Amendments of 1972 (86 Stat. 816), shall apply to this modification. SEC. 197. Section 50 of the Water Resources Development Act of 1974 (88 Stat. 12), is amended by striking out "$350,000" and inserting in lieu thereof "$380,000". SEC. 198. The sum of $250,000 is hereby authorized to complete the phase I design memorandum stage of advanced engineering and design of the Days Creek Dam, South Umpqua River, Oregon, authorized by section 1(a) of the Water Resources Development Act of 1974 (88 Stat. 12). SEC. 199. The project for navigation improvements. Cook Inlet, Alaska (Anchorage Harbor, Alaska), authorized by the Rivers and Harbors Act of 1958, approved July 3, 1958, is hereby modified to provide that the Secretary of the Army, acting through the Chief of Engineers, is authorized to maintain a harbor bottom depth of —35.0 feet MLLW, for a length of 3,000 feet at the existing Port of Anchorage ISLarine Facility, at an estimated annual cost of $150,000. SEC. 200. Section 35 of the Water Resources Development Act of 1974 (Public Law 93-251) is amended as follows: (a) Inserting " (a) " after "SEC. 35"; (b) Inserting new subsection "(b)", as follows: "(b) The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to make a detailed study of such plans as he may deem feasible and appropriate for the removal and disposal of debris and obsolete buildings remaining as a result of military construction during World War II, and subsequently, in the vicinity of Metlakatla and Annette Island in southeastern Alaska, at an estimated cost of $100,000. Such study shall include an analysis of appropriate measures to restore the area to its natural condition.". SEC. 201, (a) Section 204(b) of the Act of October 23, 1962 (76 Stat. 1173, 1174), is amended by striking the period at the end of the second sentence and insert the following: ": Provided, That the Sec-

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1477

 PUBLIC LAW 94-587—OCT. 22, 1976

90 STAT. 2945

retary of the Interior in determining reimbursable costs, shall not include the costs of replacing and relocating the original Salisbury Ridge section of the 138-kilovolt transmission line: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, shall relocate such transmission lines, at an estimated cost of $5,641,000.". (b) The Crater-Long Lakes division of the Snettisham project near Snettisham Juneau, Alaska, as authorized by section 204 of the Flood Control Act project, Juneau, of 1962, is modified with respect to the reimbursement payments to the Alaska, United States on such project in order to provide (1) that the repay- modification. ment period shall be sixty years, (2) that the first annual payment 76 Stat. 1173. shall be 0.1 per centum of the total principal amount to be repaid, (3) thereafter annual payments shall be increased by 0.1 per centum of such total each year until the tenth year at which time the payment shall be 1 per centum of such total, and (4) subsequent annual payments for the remaining fifty years of the sixty-year repayment period shall be one-fiftieth of the balance remaining after the tenth annual payment (including interest over such sixty-year period). SEC. 202. (a) The Congress finds that drift and debris on or in pub- 33 USC 426m. licly maintained commercial boat harbors and the land and water areas immediately adjacent thereto threaten navigational safety, public health, recreation, and the harborfront environment. (b)(1) The Secretary of the Army, acting through the Chief of Engineers, shall be responsible for developing projects for the collection and removal of drift and debris from publicly maintained commercial boat harbors and from land and water areas immediately adjacent thereto. (2) The Secretary of the Army, acting through the Chief of Engineers is authorized to undertake projects developed under paragraph (1) of this subsection without specific congressional approval when the total Federal cost for the project is less than $400,000. (c) The Federal share of the cost of any project developed pursuant to subsection (b) of this section shall be two-thirds of the cost of the project. The remainder of such costs shall be paid by the State, municipality, or other political subdivision in which the project is to be located, except that any costs associated with the collections and removal of drift and debris from federally owned lands shall be borne by the Federal Government. Non-Federal interests in future project development under subsection (b) of this section shall be required to recover the full cost of drift or debris removal from any identified owner of piers or other potential sources of drift or debris, or to repair such sources so that they no longer create a potential source of drift or debris. (d) Any State, municipality, or other political subdivision where any project developed pursuant to subsection (b) of this section is located shall provide all lands, easements, and right-of-way necessary for the project, including suitable access and disposal areas, and shall agree to maintain such projects and hold and save the United States free from any damages which may result from the non-Federal sponsor's performance of, or failure to perform, any of its required responsibilities of cooperation for the project. Non-Federal interest shall agree to regulate any project area following project completion so that such area will not become a future source of drift and debris. The Chief of Engineers shall provide technical advice to non-Federal interests on the implementation of this subsection.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1478

 90 STAT. 2946 'Drift.' 'Debris.

Appropriation authorization. Alaska Hydroelectric Power Development Act.

42 USC

1962d-14a.

Alaska Hydroelectric Power Development Fund. Establishment.

Appropriation authorization. Investments.

PUBLIC LAW 94-587—OCT. 22, 1976 (e) For the purposes of this section— ... (1) the term "drift" includes any buoyant material that, when floating in the navigable waters of the United States, may cause damage to a commercial or recreational vessel; and (2) the term "debris" includes any abandoned or dilapidated structure or any sunken vessel or other object that can reasonably be expected to collapse or otherwise enter the navigable waters of the United States as drift within a reasonable period. (f) There is authorized to be appropriated to carry out this section not to exceed $4,000,000 per fiscal year for fiscal years 1978 and 1979. SEC. 203. (a)(1) The Congress finds that the expeditious development of hydroelectric power generating facilities in Alaska that are environmentally sound to assist the Nation in meeting existing and future energy demands is in the national interest. (2) The Congress therefore declares that the expertise of the Chief of Engineers can and should be utilized for the benefit of local public bodies in the development of projects which yield 90 per centum or more of the benefits of the project are attributable to hydroelectric power generation when the project is fully operational. (b) To meet the goals of this section, there is hereby established in the Treasury of the United States an Alaska Hydroelectric Power Development Fund (hereafter referred to as the "fund") to be and remain available for use by the Secretary of the Army (hereinafter referred to as the "Secretary") to make expenditures authorized by this section. The fund shall consist of (1) all receipts and collections by the Secretary of repayments in accordance with subsection (e) of this section and payments by non-Federal public authorities to the Secretary to finance the cost of construction of projects in accordance with subsection (f) of this section, and which the Secretary is hereby directed to deposit in the fund as they are received, and (2) any appropriations made by the Congress to the fund. (c) There is authorized to be appropriated to the Secretary for deposit in the fund established by subsection (b) of this section the sum of $25,000,000. (d)(1) If the Secretary determines that moneys in the fund are in excess of current needs, he may request the investment of such amounts as he deems advisable by the Secretary of the Treasury in direct, general obligations of, or obligations guaranteed as to both principal and interest by, the United States. (2) With the apjiroval of the Secretary of the Treasury, the Secretary may deposit moneys of the fund in any Federal Reserve bank or other depository for funds of the United States, or in such other banks and financial institutions and under such terms and conditions as the Secretary and the Secretary of the Treasury may mutually agree. (e) The Secretary is authorized to make expenditures from the fund for the phase I design memorandum stage of advanced engineering and design for any project in Alaska that meets the requirements or subsection (a)(2) of this section, if appropriate non-Federal public authorities, approved by the Secretary, agree with the Secretary, in writing, to repay the Secretary for all the separable and joint costs of preparing such design memorandum, if such report is favorable. Following the completion of the phase I design memorandum stage of advanced engineering and design under this subsection, the Secretary shall not transmit any favorable report to Congress prior to being repaid in full by the appropriate non-Federal public authorities for the costs incurred during such phase I. The Secretary is also auth<M:-

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1479

 PUBLIC LAW 94-587—OCT. 22, 1976

90 STAT. 2947

ized to make expenditures from non-Federal funds deposited in the fund as an advance against construction costs. (f) In connection with water resources development projects which meet the criteria established by subsection (a)(2) of this section and which are to be constructed by the Secretary, acting through the Chief of Engineers, in accordance with an authorization by Congress and a contract between the non-Federal public authorities and the Secretary, pursuant to subsection (g)(1) of this section occurring on or subsequent to the date of enactment of this Act, the Secretary, acting through the Chief of Engineers, is authorized to construct such projects including activities for engineering and design land acquisition, site development, and off-site improvements necessary for the authorized construction by making expenditures from (1) the Fund established in subsection (b), of this section of funds deposited by non-Federal public authorities as payments for construction and (2) payments of non-Federal public authorities held by the Secretary as payment of construction costs for a project authorized by this section. (g)(1) Prior to initiating any construction work under the Agreement, authorities of this section, the Secretary and the appropriate non- submittal to Federal public authorities shall agree in writing, and submit such congressional agreement to the Committees on Public Works and Appropriations committees. of the Senate and House of Representatives for review and reporting to the Congress for its consideration and approval that the appropriate non-Federal public authorities will pay the full anticipated costs of constructing the project at the time such costs are incurred, together with normal contingencies and related administrative expenses of the Secretary, and such payments shall be deposited in the fund or held by the Secretary for payment of obligations incurred by the Secretary on an authorized project under this section. The agreement shall provide for an initial determination of feasibility and compliance by the project with law. The total non-Federal obligation shall be paid on or prior to the date the Chief of Engineers has estimated by agreement, that the project concerned will be available for actual generation of all or a substantial portion of the authorized hydroelectric power of the project. (2) In consideration of the obligations to be assumed by nonFederal public authorities under the provisions of this section and in recognition of the substantial investments which will be made by these authorities in reliance on the program established by this section, the United States shall assume the responsibility for paying for all costs over those fixed in the agreement with the non-Federal public authorities, if such costs are occasioned by acts of God, failure on the part of the Secretary, acting through the Chief of Engineers, to adhere to the agreed schedule of work or a failure of design: Provided, That payments by the Secretary of such costs shall be subject to appropriations acts. (h) Thfe Secretary is authorized and directed, pursuant to the Conveyance agreement, to convey all title, rights, and interests of the United States to any project, its lands and water areas, and appurtenant facilities to the non-Federal public authorities which have agreed to assume ownership of the project and responsibility for its performance, operation, and maintenance, as well as necessary replacements in accordance with this section upon full payment by such non-Federal public authorities as required under subsection (g)(1) of this section. Such conveyance shall, pursuant to the agreement

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1480

 90 STAT. 2948

Citation of section. Short title.

PUBLIC LAW 94-587—OCT. 22, 1976 required by subsection (g) of this section, to the maximum extent possible, occur immediately upon the project's availability for generation of all or a substantial portion of the authorized hydroelectric power of the project, and shall include such Federal requirements, reservations, and provisions for access rights to the project and its records as the Secretary finds advisable to complete any portion of project construction remaining at the time of conveyance and to assure that the project will be operated and maintained in a responsible and safe manner to accomplish, as nearly as may be possible, all of the authorized purposes of the project including, but not restricted to, hydroelectric power generation. (i) This section shall be cited as the "Alaska Hydroelectric Power Development Act". SEC. 204. No funds specifically authorized for any project in this Act will be available for expenditure prior to fiscal year 1978. SEC. 205. This Act may be cited as the "Water Resources Development Act of 1976". Approved October 22, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1702 accompanying H.R. 15636 (Comm. on Public Works and Transportation) and No. 94-1755 (Comm. of Conference). SENATE REPORT No. 94-1255 (Comm. on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 28, considered and passed Senate. Sept. 29, considered and passed House, amended, in lieu of H.R. 15636. Oct. 1, House and Senate agreed to conference report.

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 PUBLIC LAW 94-588—OCT. 22, 1976

90 STAT. 2949

Public Law 94-588 94th Congress An Act To amend the Forest and Rangeland Renewable Resources Planning Act of 1Q74, and for other purposes.

Oct. 22, 19/6 [S. 3091]

Be It endcted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the '"'National Forest Management Act of 1976".

National Forest Management Act

FINDINGS

of 1976. 16 USC 1600 note.

SEC. 2. The Forest and Rangeland Renewable Resources P l a n n i n g Act of 1974 (88 Stat. -t76; 16 U.S.C. 1601-1610) is amended by redesignating sections 2 through 11 as sections 3 through 12, respectively; and by a d d i n g a new section 2 as follows: " SEC. 2. FINDINGS.—The Congress finds that— 16 USC 1600. " (1) the management of the Nation's renewable resources is highly complex and the uses, demand for, and supply of the various resources are subject to change over t i m e; assessing the Nation's renewable resources, and developing and p r e p a r i n g a national renewable resource program, which is periodically reviewed and u p dated; " (3) to serve the national interest, the renewable resource program must be based on a comprehensive assessinent of present and anticipated uses, demand for, and supply of renewable resources from the Nation's public and private forests and rangelands, through analysis of environmental and economic impacts, coordination of multiple use and sustained yield opportunities as provided in the Multiple-L^se Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C. 528-531), and public participation in the development of the program; ,. " (4) the new knowledge derived from coordinated public and private research programs will promote a sound technical and ecological base for effective management, use, and protection of the Nation's renewable resources; " (5) inasmuch as the majority of the Nation's forests and range^ land is under private, State, and local governmental management and the Nation's major capacity to produce goods and services is based on these nonfederally managed renewable resources, the Federal Government should be a catalyst to encourage and assist these owners in the efficient long-term use and improvement of these lands and their renewable resources consistent with the principles of sustained yield and multiple use; " (6) the Forest Service, by virtue of its statutory authority for management of the National Forest System, research and cooperative programs, and its role as an agency in the Department of Agriculture, has both a responsibility and an opportunity to be a leader in assuring that the Nation maintains a natural resource conservation posture that will meet the requirements of our people in perpetuity; and
 * ' (2) the public interest is served by the Forest Service. Department of Agriculture, in cooperation with other agencies,

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 90 STAT. 2950

PUBLIC LAW 94-588—OCT. 22, 1976 "(7) recycled timber product materials are as much a part of our renewable forest resources as are the trees from which they originally came, and in order to extend our timber and timber fiber resources and reduce pressures for timber production from Federal lands, the Forest Service should expand its research in the use of recycled and waste timber product materials, develop techniques for the substitution of these secondary materials for primary materials, and promote and encourage the use of recycled timber product materials.". REPORTS ON FIBER POTENTIAL, WOOD UTILIZATION BY MILLS, WOOD WASTES AND WOOD PRODUCT RECYCLING

16 USC 1601.

Program.

Public involvement, consultation.

SEC. 3. Section 3 of the Forest and Kangeland Kenewable Resources Planning Act of 1974, as redesignated by section 2 of this Act, is amended by adding at the end thereof a new subsection (c) as follows: "(c) The Secretary shall report in the 1979 and subsequent Assessments on: " (1) the additional fiber potential in the National Forest System including, but not restricted to, forest mortality, growth, salvage potential, potential increased forest products sales, economic constraints, alternate markets, contract considerations, and other multiple use considerations; "(2) the potential for increased utilization of forest and wood product wastes in the National Forest System and on other lands, and of urban wood wastes and wood product recycling, including recommendations to the Congress for actions which would lead to increased utilization of material now being wasted both in the ^ forests and in manufactured products; and " (3) the milling and other wood fiber product fabrication facilities and their location in the Unite 1 States, notin<^ the public and private forested areas that supply such facilities, assessing the degree of utilization into product form of harvested trees by such facilities, and setting forth the technology appropriate to the facilities to improve utilization either individually or in aggregate units of harvested trees and to reduce wasted wood fibers. The Secretary shall set forth a program to encourage the adoption by these facilities of these technologies for improving wood fiber utilization. "(d) In developing the reports required under subsection (c) of this section, the Secretary shall provide opportunity for public involvement and shall consult with other interested governmental departments and agencies.". REFORESTATION

16 USC 1601.

Annual report to Congress.

SEC. 4. Section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as redesignated by section 2 of this Act, is amended by adding at the end th.ereof new subsections (d) and (e) as follows: "(d)(1) It is the policy of the Congress that all forested lands in the National Forest System shall be maintained in appropriate forest cover with species of trees, degree of stocking, rate of growth, and conditions of stand designed to secure the maximum benefits of multiple use sustained yield management in accordance with land management plans. Accordingly, the Secretary is directed to identify and report to the Congress annually at the time of submission of the President's budget together with the annual report provided for under section 8(c) of this Act, beginning with submission of the President's

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