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PUBLIC LAW 93-247-JAN. 31, 1974

THE NATIONAL CENTER ON CHILD ABUSE A N D NEGLECT

SEC. 2. (a) The Secretary of Health, Education, and Welfare (hereinafter referred to in this Act as the "Secretary'') shall establish an office to be known as the National Center on Child Abuse and Neglect (hereinafter referred to in this Act as the "Center"). (b) The Secretary, through the Center, shall— (1) compile, analyze, and publish a summary annually of recently conducted and currently conducted research on child abuse and neglect; (2) develop and maintain an information clearinghouse on all programs, including private programs, showing promise of success, for the prevention, identification, and treatment of child abuse and neglect; (3) compile and publish training materials for personnel who are engaged or intend to engage in the prevention, identification, and treatment of child abuse and neglect; (4) provide technical assistance (directly or through grant or contract) to public and nonprofit private agencies and organizations to assist them in planning, improving, developing, and carrying out programs and activities relating to the prevention, identification, and treatment of child abuse and neglect; (5) conduct research into the causes of child abuse and neglect, and into the prevention, identification, and treatment thereof; and (6) make a complete and full study and investigation of the national incidence of child abuse and neglect, including a determination of the extent to which incidents of child abuse and neglect are increasing in number or severity.

Establishment. 42 USC 5101.

Annual r e s e a r c h summary. Information clearinghouse

Study.

DEFINITION

SEC. 3. For purposes of this Act the term "child abuse and neglect" means the physical or mental injury, sexual abuse, negligent treatment, or maltreatment of a child under the age of eighteen by a person who is responsible for the child's welfare under circumstances which indicate that the child's health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Secretary. DEMONSTRATION

PROGRAMS AND

• 2 USC 5102,

PROJECTS

SEC. 4. (a) The Secretary, through the Center, is authorized to make grants to, and enter into contracts with, public agencies or nonprofit private organizations (or combinations thereof) for demonstration programs and projects designed to prevent, identify, and treat child abuse and neglect. Grants or contracts under this suijsection may be— (1) for the development and establishment of training programs for professional and paraprofessional personnel in the fields of medicine, law, education, social work, and other relevant

Grants and contracts. 42 USC 5103.

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statTs"*^ '°

PUBLIC LAW 93-247-JAN. 31, 1974

[88 STAT.

fields who are engaged in, or intend to work in, the field of the prevention, identification, and treatment of child abuse and neglect; and training programs for children,, and for persons responsible for the welfare of children, in methods of protecting children from child abuse and neglect; (2) for the establishment and maintenance of centers, serving denned geographic areas, staffed by multidisciplinary teams of personnel trained in the prevention, identification, and treatment of child abuse and neglect cases, to provide a broad range of services related to child abuse and neglect, including direct support and supervision of satellite centers and attention homes, as well as providing advice and consultation to individuals, agencies, and organizations which request such services; (3) for furnishing services of teams of professional and paraprofessional personnel who are trained in the prevention, identification, and treatment of child abuse and neglect cases, on a consulting basis to small communities where such services are not available; and (4) for such other innovative programs and projects, including programs and projects for parent self-help, and for prevention and treatment of drug-related cihild abuse and neglect, that show promise of successfully preventing or treating cases of child abuse and neglect as the Secretary may approve. Not less than 50 per centum of the funds appropriated under this Act for any fiscal year shall be used only for carrying out the provisions of this subsection. (b)(l) O f the sums appropriated under this Act for any fiscal year, not less than 5 per centum and not more than 20 per centum may be used by the Secretary for making grants to the States for the payment of reasonable and necessary expenses for the purpose of assisiting the States in developing, strengthening, and carrying out child abuse and neglect prevention and treatment programs. (2) In order for a State to qualify for assistance under this subsection, such State sihall— (A) have in effect a State child abuse and neglect law which shall include provisions for immunity for persons reporting instances of child abuse and neglect from prosecution, under any State or local law, arising out of such reporting; (B) provide for the reporting of known and suspected instances of child abuse and neglect; (C) provide that upon receipt of a report of known or suspected instances of child abuse or neglect an investigation shall be initiated promptly to substantiate the accuracy of the report, and, upon a finding of abuse or neglect, immediate steps shall be taken to protect the health and welfare of the abused or neglected child, as well as that of any other child under the same care who may be in danger of abuse or neglect; (D) demonstrate that there are in effect throughout the State, in connection with the enforcement of child abuse and neglect laws and with the reporting of suspected instances of child abuse and neglect, such administrative procedures, such personnel trained in child abuse and neglect prevention and treatment, such training procedures, such institutional and other facilities (public and private), and such related multidisciplinary programs and services as may be necessary or appropriate to assure that the State will deal effectively with child abuse and neglect cases in the State;

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(E) provide for methods to preserve the confidentiality of all records in order to protect the I'ights of the child, his parents or guardians; (F) provide for the cooperation of law enforcement officials, courts of competent jurisdiction, and appropriate State agencies providing human services; (G) provide that in every case involving an abused or neglected child which results in a judicial proceeding a guardian ad litem shall be appointed to represent the child in such proceedings; (H) provide that the aggregate of support for programs or projects related to child abuse and neglect assisted by State funds shall not be reduced below the level provided during fiscal year 1973, and set forth policies and procedures designed to assure that Federal funds made available under this Act for any fiscal year will be so used as to supplement and, to the extent practicable, increase the level of State funds which would, in the absence of Federal funds, be available for such programs and projects; (I) provide for dissemination of information to the general public with respect to the problem of child abuse and neglect and the facilities and prevention and treatment methods available to combat instances of child abuse and neglect; and (J) to the extent feasible, insure that parental organizations combating child abuse and neglect receive preferential treatment. (3) Programs or projects related to child abuse and neglect assisted under part A or B of title IV of the Social Security Act shall comply with the requirements set forth in clauses (B), (C), (E), and (F) of paragraph (2). (c) Assistance provided pursuant to this section shall not be available for construction of facilities; however, the Secretary is authorized to supply such assistance for the lease or rental of facilities where adequate facilities are not otherwise available, and for repair or minor remodeling or alteration of existing facilities. (d) The Secretary shall establish criteria designed to achieve equitable distribution of assistance under this section among the States, among geographic areas of the Nation, and among rural and urban areas. To the extent possible, citizens of each State shall receive assistance from at least one project under this section.

42 USC 601, 620.

AUTHORIZATIONS

SEC. 5. There are hereby authorized to be appropriated for the purposes of this Act $15,000,000 for the fiscal year ending June 30, 1974, $20,000,000 for the fiscal year ending June 30, 1975, and $25,000,000 for the fiscal year ending June 30, 1976, and for the succeeding fiscal year.

"^^ use 5io4.

ADVISORY BOARD ON C H I L D ABUSE AND NEGLECT

SEC. 6. (a) The Secretary shall, within sixty days after the date of enactment of this Act, appoint an Advisory Board on Child Abuse and Neglect (hereinafter referred to as the "Advisory Board"), which shall be composed of representatives from Federal agencies with responsibility for programs and activities related to child abuse and neglect, including the Office of Child Development, the Office of Education, the National Institute of Education, the National Institute of Mental Health, the National Institute of Child Health and Human Development, the Social and Rehabilitation Service, and the Health Services Administration. The Advisory Board shall assist the Secretary in coordinating programs and activities related to child abuse

'^^ ^^'^ ^^°^' Membership,

Functions.

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Page:Dictionary of National Biography volume 39.djvu/290

Mulso Mr. Sheepshanks. A large number of his drawings, including many of his carefully executed chalk studies of the nude, are also at South Kensington.

 MULSO, HESTER (1727–1801), essayist. [See .]

 MULTON or MULETON, THOMAS (d. 1240?), justiciar, was son of Lambert de Multon, and grandson of Thomas de Multon, who occur in the reigns of Henry I and Henry II as holding land in Lincolnshire. He is first mentioned as receiving the grant of a market at Flete in 1205 (Cal. Rot. Claus. i. 20). In 1206 he was sheriff of Lincolnshire, an office which he held till 1208, but having offended the king he was on 21 July 1208 ordered to be imprisoned in Rochester Castle till he had discharged his debt to the crown. He accompanied John to Ireland in June 1210, and on 25 Feb. 1213 was appointed to investigate the extortion of the sheriffs of Yorkshire and Lincolnshire (Cal. Rot. Pat. p. 97), and in 1214 to inquire into the losses of the church in the bishopric of Lincoln during the interdict (Cal. Rot. Claus. i. 164–6). As a northern lord he sided with the barons in 1215, and was one of the confederates at Stamford; in consequence he was one of those excommunicated by the pope in 1216. Before this Multon had been taken prisoner by the king at Rochester on 30 Nov. 1215, and placed in the custody of Peter de Mauley at Corfe. His lands were entrusted to Earl Ranulf of Chester, and, despite the efforts of his sons, he was not restored to liberty till 29 July 1217, when he made his peace with the crown (ib. i. 317b). In 1214 he had received the custody of the daughters of Richard de Lucy of Egremont, and in 1218 married Lucy's widow, Ada, daughter of Hugh de Moreville. For this marriage he had to pay a heavy fine, but obtained in consequence the office of forester of Cumberland. In 1219 he was one of the justices-itinerant for Cumberland, Westmoreland, and Lancashire, and during the next year for Yorkshire and Northumberland (ib. i. 434b). After 1224 he sat continually as a justice at Westminster. Fines were acknowledged before him from Easter 1224 to Easter 1236, and he was a justice-itinerant in various counties up to August 1234 (cf. ib. ii. 77 b, 151 b, 202, 205 b, 208 b, 213). In 1235–6 Multon occurs as 'Justiciarius de Banco,' and Dugdale, interpreting this as one of the justices of the common pleas, further suggests that he was 'capitalis.' Foss, however, does not consider that the term means more than a justice of the royal court, and rejects Dugdale's further suggestion. Multon was justice-itinerant at Dunstable in June 1224 with Henry de Braybroc [q. v.], when Falkes de Breauté, incensed at their action against him, endeavoured to seize them. Multon, more fortunate than his colleague, made good his escape. He was a witness to the confirmation of Magna Charta in 1225. In 1229 he tried a suit between the priory and town of Dunstable (Ann. Mon. iii. 122). From 1233 to 1236 he was sheriff of Cumberland. According to Matthew Paris (iv. 49) Multon died in 1240, but the 'Dunstable Annals' (Ann. Mon. iii. 144) give the date as 1236. Matthew Paris describes him as having been in his youth a bold soldier, but in his later years a very wealthy man and learned lawyer. It is implied that he was not always scrupulous in the means of acquiring wealth, for he is said to have done much injury to the abbey of Croyland, of which he was a neighbour (, iv. 49). He was also defendant in a suit of novel disseisin with the abbot of Swineshead (Cal. Rot. Claus. ii. 124). He was, however, a benefactor of the monks of Calder and Holcotram, and of the hospital of St. Leonard, in Skirbec, Lincolnshire.

Multon married, first, a daughter of Richard Delfliet, by whom he had three sons Alan, who was taken prisoner with him at Rochester, Lambert, and Thomas, a clerk. Lambert and Alan married Amabel and Alice de Luci, their father's wards. Lambert acquired with his wife the barony of Egremont; his grandson Thomas was summoned to parliament from 1300 to 1321, and fought at Caerlaverock in 1300; on the death of John de Multon, Thomas's son, in 1334 the title fell into abeyance. Alan's son Thomas took his mother's name, and was ancestor of the Lucies of Cockermouth. By Multon's second wife he had a daughter Julian, who married


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 PUBLIC LAW 93-248-FEB. 5, 1974

Report to President and C ongre s s.

[88

STAT.

and neglect administered or assisted under this Act with such programs and activities administered or assisted by the Federal agencies whose representatives are members of the Advisory Board. The Advisory Board shall also assist the Secretary in the development of Federal standards for child abuse and neglect prevention and treatment programs and projects. (b) The Advisory Board shall prepare and submit, within eighteen months after the date of enactment of this Act, to the President and to the Congress a report on the programs assisted under this Act and the programs, projects, and activities related to child abuse and neglect administered or assisted by the Federal agencies whose representatives are members of the Advisory Board. Such report Shall include a study of the relationship between drug addiction and child abuse and neglect. (c) Of the funds appropriated under section 5, one-half of 1 per centum, or $1,000,000, whichever is the lesser, may be used by the Secretary only for purposes of the report under subsection (b). COORDINATION

42 USC 5106.

SEC. 7. The Secretary shall promulgate regulations and make such arrangements as may be necessary or appropriate to ensure that there is effective coordination between programs related to child abuse and neglect under this Act and other such programs which are assisted by Federal funds. Approved January 31, 1974, Public Law 93-248

February 5, 1974 [S.1070]

Intervention on the High Seas Act. 33 USC 1471 note. Definitions. 33 USC 1471.

33 USC 1472.

AN ACT To implement the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969. Be if enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Intervention on the High Seas Act". SEC. 2. As used in this Act— (1) "ship" means— (A) any seagoing vessel of any type whatsoever, and (B) any floating craft, except an installation or device engaged in the exploration and exploitation of the resources of the seabed and the ocean floor and the subsoil thereof; (2) "oil" means crude oil, fuel oil, diesel oil, and lubricating oil; (3) "convention" means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 19(59; (4) "Secretary" means the Secretary of the department in which the Coast Guard is operating; and (5) "United States" means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. SEC. 3, Whenever a ship collision, stranding, or other incident of navigation or other occurrence on board a ship or external to it resulting in material damage or imminent threat of material damage to the ship or her cargo creates, as determined by the Secretary, a grave and imminent danger to the coastline or related interests of the United States from pollution or threat of pollution of the sea by oil which

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may reasonably be expected to result in major harmful consequences, the Secretary may, except as provided for in section 10, without liability for any damage to the owners or operators of the ship, to her cargo or crew, or to underwriters or other parties interested therein, take measures on the high seas, in accordance with the provisions of the Convention and this Act, to prevent, mitigate, or eliminate that danger. SEC. 4. In determining whether there is grave and imminent danger ^3 USC 1473. of major harmful consequences to the coastline or related interests of the United States, the Secretary shall consider the interests of the United States directly threatened or affected including but not limited to, fish, shellfish, and other living marine resources, wildlife, coastal zone and estuarine activities, and public and private shorelines and beaches. SEC. 5. Upon a determination under section 3 of this Act of a grave 33 USC 1474. and imminent danger to the coastline or related interests of the United States, the Secretary may— (1) coordinate and direct all public and private efforts directed at the removal or elimination of the threatened pollution damage; (2) directly or indirectly undertake the whole or any part of any salvage or other action he could require or direct under subsection (1) of this section; and (3) remove, and, if necessary, destroy the ship and cargo which is the source of the danger. SEC. 6. Before taking any measure under section 5 of this Act, the ^^ ^^'^ ^'*^^' Secretary shall— (1) consult, through the Secretary of State, with other countries consultation. affected by the marine casualty, and particularly with the flag country of any ship involved; (2) notify without delay the Administrator of the Environ- Notification. mental Protection Agency and any other persons known to the Secretary, or of whom he later becomes aware, who have interests which can reasonably be expected to be affected by any proposed measures; and (3) consider any views submitted in response to the consultation or notification required by subsections (1) and (2) of this section. SEC. 7. In cases of extreme urgency requiring measures to be taken 33 USC 1476. immediately, the Secretary may take those measures rendered necessary by the.urgency of the situation without the prior consultation or notification as required by section 6 of this Act or without the continuation of consultations already begun. SEC. 8. (a) Measures directed or conducted under this Act shall ^^ "^^ ^'*^'* be proportionate to the damage, actual or threatened, to the coastline or related interests of the United States and may not go beyond what is reasonably necessary to prevent, mitigate, or eliminate that damage. (b) In considering whether measures are proportionate to the damage the Secretary shall, among other things, consider— (1) the extent and probability of imminent damage if those measures are not taken; (2) the likelihood of effectiveness of those measures; and (3) the extent of the damage which may be caused by those measures. SEC. 9. In the direction and conduct of measures under this Act the 33 USC 1478. Secretary shall use his best endeavors to— (1) assure the avoidance of risk to human life; (2) render all possible aid to distressed persons, including facilitating repatriation of ships' crews; and (3) not unnecessarily interfere with rights and interests of

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 Rh conception of God, in Christianity given pure, and then degraded in Märchen. Is there any proof of the opposite process? I ask for a case in which we know that a dirty old medicine-man was elevated into a kind supreme being, guardian of tribal morality. I know no such case. But we are familar with a case in which the "Father" of our creed has been made the topic of popular humorous fancy. Thus I seem to have a right to my surmise that gods came before ghosts; high beliefs (mythical, if you will) before low myths.

One last remark on the earlier part of my book. The alleged psychical experiences of humanity, or many of them, "cannot," I say, "at present be made to fit into any purely materialistic conception of the universe." They cannot, "at present;" I agree with Mr. A. J. Balfour. But Mr. Hartland says, "meaning, I presume, that the savage theory of the soul is, substantially and in its main outlines, a correct interpretation of facts." Why should he presume this? This is the theory of the spiritualists. Rightly or wrongly, I emphasise my dissent from it. Says Mr. Huxley: "There lies within man a fund of energy, operating intelligently and so far akin to that which pervades the universe, that it is competent to influence and modify the cosmic process." What I mean (as far as I have any kind of hypothesis) is that the fund of energy in man has other things akin to my conception (I don't say to Mr. Huxley's conception) of "that which pervades the universe," than are allowed for in any purely materialistic system of philosophy.

So I conclude. What Mr. Hartland and I both want is more facts, and more careful criticism. Among these facts a tribal map is of the first necessity, though we do possess


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Compensation. 33 USC 1479.

Jurisdiction.

Notification. 33 USC 1480.

Violations. 33 USC 1481.

Penalty.

E x p e r t s, nomination. 33 USC 1482.

Negotiators, c o n c i l i a to r s, or arbitrators, designation or nomination. 33 USC 1483.

33 USC 1484.

Rules and regulations. 33 USC 1485. 33 USC 1486. 33 USC 1321, Effective date. 33 USC 1487.

PUBLIC LAW 93-248-FEB. 5, 1974

[88 STAT.

others, including the flag state of any ship involved, other foreign states threatened by damage, and persons otherwise concerned. SEC. 10. (a) The United States shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in section 3. (b) Actions against the United States seeking compensation for any excessive measures may be brought in the United States Court of Claims, in any district court of the United States, and in those "courts enumerated in section 460 of title 28, United States Code. For purposes of this Act, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii, and the Trust Territory of the Pacific Islands shall be included within the judicial districts of both the District Court of the United States for the District of Hawaii and the District Court of Guam. SEC. 11. The Secretary of State shall notify without delay foreign states concerned, the Secretary-General of the Inter-Governmental Maritime Consultative Organization, and persons affected by measures taken under this Act. SEC. 12. (a) Any person who— (1) willfully violates a provision of this Act or a regulation issued thereunder; or (2) willfully refuses or fails to comply with any lawful order or direction given pursuant to this Act; or (3) willfully obstructs any person who is acting in compliance with an order or direction under this Act, shall be fined not more than $10,000 or imprisoned not more than one year, or both. (b) I n a criminal proceeding for an offense under paragraph (1) or (2) of subsection (a) of this section it shall be a defense for the accused to prove that he used all due diligence to comply with any order or direction or that he had reasonable cause to believe that compliance would have resulted in serious risk to human life. SEC. 13. (a) The Secretary, in consultation with the Secretary of State and the Administrator of the Environmental Protection Agency, may nominate individuals to the list of experts provided for in article III of the convention. (b) The Secretary of State, in consultation with the Secretary, shall designate or nominate, as appropriate and necessary, the negotiators, conciliators, or arbitrators provided for by the convention and the annexes thereto. SEC. 14. No measures may be taken under authority of this Act against any warship or other ship owned or operated by a country and used, for the time being, only on Government noncommercial service. SEC. 15. This Act shall be interpreted and administered in a manner consistent with the convention and other international law. Except as specifically provided, nothing in this Act may be interpreted to prejudice any otherwise applicable right, duty, privilege, or immunity or deprive any country or person of any remedy otherwise applicable. SEC. 16. The Secretary may issue reasonable rules and regulations which he considers appropriate and necessary for the effective implementation of this Act. SEC. 17. The revolving fund established under section 311(k) of the Federal Water Pollution Control Act shall be aAailable to the Secretary for Federal actions and activities under section 5 of this Act. SEC. 18. This Act shall be effective upon the date of enactment, or upon the date the convention becomes effective as to the United States, whichever is later. Approved February 5, 1974.

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PUBLIC LAW 93-250-MAR. 2, 1974

11

Public Law 93-249 JOINT RESOLUTION

Td i»rovi(1e for M«lvan<-ipj4' the effective date of the flnal order of the Intersfjite Commence (Commission in Docket No. MC 43 (Sub-Xo. 2». Whereas the Interstate Commerce Commission, through its proposed order issued January 30, 1974, in Docket No. MC 43 (Sub-No. 2), seeks to alleviate a serious and pressing transportation probleni by requiring carriers to reimburse their owner-operators for all increases in the price of fuel over the base period May 15, 1973: and Whereas section 221(b) of the Interstate Commerce Act, 49 U.S.C. 321(b) appears to preclude the Commission from making its final order in MC 43 (Sub-No. 2) effective in less than thirty days; and Whereas the inability to effectuate the final order in MC 43 (SubNo. 2) more promptly will cause substantial hardship to a significant portion of the motor carrier industry and the shipping public; and Whereas there exists a national transportation crisis which presents a grave risk to the commerce and well-being of the Nation: Now. therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commission shall issue a final order in MC 43 (Sub-No. 2) as soon as possible which shall become effective not later than February 15, 1974. Approved February 8, 1974.

February 8, 1974 [S. J. R e s. 1 8 5 ]

ICC. F u e l price inc r e a s e s, trucker reimbursement.

Public Law 93-250 AN ACT To amend the Budget and Accounting Act, 1921, to require the advice and consent of the Senate for future appointments to the ofl5ces of Director and Deputy Director of the Office of Management and Budget, and for other purposes.

March 2, 1974 [S.37]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first two Dh^fctor and sentences of section 207 of the Budget and Accounting Act, 1921 (31 Deputy Director, Senate confirmaU.S.C. 16) are amended to read as follows: tion requirement. "SEC. 207. There is in the Executive Office of the President an Office of Management and Budget. There shall be in the Office a Director and a Deputy Director, both of whom shall be appointed by the President, by and with the advice and consent of the Senate." at s SEC. 2. The amendment made by the first section of this Act shall Effective16d n oe e.. 31 USC t take effect— (1) insofar as such amendment relates to appointments to the office of Director of the Office of Management and Budget, immediately after the individual holding that office on the date of the enactment of this Act ceases to hold that office; (2) insofar as such amendment relates to appointments to the office of Deputy Director of the Office of Management and Budget, immediately after the individual holding that office on the date of the enactment of this Act ceases to hold that office; and (3) immediately as to such vacant office or offices, if the Office of the Director or the Office of the Deputy Director of the Office of Management and Budget is vacant when this Act is enacted. Approved March 2, 1974.

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PUBLIC LAW 93-251-MAR. 7, 1974

[88 STAT.

Public Law 93-251 March 7, 1974 [H. R. 10203]

Water r e s o u r c e s development; river b a s i n monetary authorizations. Water R e s o u r c e s Development Act of 1974.

AN ACT Authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation,floodcontrol, and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

TITLE I—WATEK EESOURCES DEVELOPMENT SEC. 1. (a) The Secretary of the Army, acting through the Chief of Engineer's, is hereby authorized to undertake the phase I design memorandum stage of advanced engineering and design of the following multi-purpose water resources development projects, substantially in accordance with, and subject to the conditions recommended by the Chief of Engineers in, the reports hereinafter designated. MIDDLE A T L A N T I C

COASTAL AREA

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

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

BASIN

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

BASIN

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

BASIN

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

BASIN

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

BASIN

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

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13

(Vicksburg-Yazoo a r e a): House Document Numbered 93-149, at an estimated cost of $150,000. The project for flood control and other purposes for the Bushley Bayou area of the Red River backwater area, Louisiana: House Document Numbered 93-157, at an estimated cost of $300,000. P E E DEE RIVER

BASIN

The project for flood control and other purposes on Roaring River Reservoir, North Carolina: in accordance with the recommendations of the Secretary of the Army in his report dated April 12, 1971, on the Development of Water Resources in Appalachia, at an estimated cost of $400,000. A L T A M A H A RIVER

BASIN

The project for flood control and other purposes at Curry Creek Reservoir, Georgia: in accordance with the recommendations of the Secretary of the Army in his report dated April 12, 1971, on the Development of Water Resources in Appalachia, at an estimated cost of $400,000. COOSA RIVER

BASIN

The project for flood control and other purposes at Dalton Reservoir, Conasauga River, Georgia: in accordance with the recommendations of the Secretary of the Army in his report dated April 12, 1971, on the Development of Water Resources in Appalachia, at an estimated cost of $440,000. GUADALUPE RIVER B A S I N

^

The project for flood control and other purposes on the Blanco River at Clopton Crossing, Texas: House Document Numbered 92-364, at an estimated cost of $177,000. A R K A N S A S RIVER

BASIN

The project for flood protection and other purposes on the Arkansas River and tributaries above John Martin Dam, Colorado: House Document Numbered 93-143, at an estimated cost of $1,140,000. SPRING RIVER

BASIN

The project for flood control and other purposes on Center Creek near Joplin, Missouri: House Document Numbered 92-361, at an estimated cost of $150,000. COLUMBIA RIVER

BASIN

The project for installation of power generating facilities at the Libby Reregulating Dam, Kootenai River, Montana: Senate Document Numbered 93-29, at an estimated cost of $75,000. U M P Q U A RIVER

BASIN

The project for flood protection and other purposes at the Days' Creek Dam, South Umpqua River, Oregon: House Document Numbered 92-371, at an estimated cost of $400,000. (b) The Secretary of the Army is authorized to undertake advanced engineering and design for the projects in subsection (a) of this section after completion of the phase I design memorandum stage of such Finding by projects. Such advanced engineering and design may be undertaken Chief of E n g i only upon a finding by the Chief of Engineers, transmitted to the neers,transmittal to c o n g r e s s i o n a l committees.

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Appropriation.

33 USC 701c note, 701-1 note.

PUBLIC LAW 93-251-MAR. 7, 1974

[88 STAT.

Committees on Public Works of the Senate and House of Representatives, that the project is without substantial controversy, that it is substantially in accordance with and subject to the conditions recommended for such project in this section, and that the advanced engineering and design will be compatible with any project modifications which may be under consideration. There is authorized to carry out this subsection not to exceed $5,000,000. No funds appropriated under this subsection may be used for land acquisition or commencement of construction. SEC. 2. Sections 201 and 202 and the last three sentences in section 203 of the Flood Control Act of 1968 shall apply to all projects authorized in this section. The following works of improvement for the benefit of navigation and the control of destructive floodwaters and other purposes are hereby adopted and authorized to be prosecuted by the Secretary of the Army, acting through the Chief of Engineers, in accordance with the plans and subject to the conditions recommended by the Chief of Engineers in the respective reports hereinafter designated. DELAWARE RIVER B A S I N

The project for local flood protection on Wabash Creek, Borough of Tamaqua, Pennsylvania: In accordance with the recommendations of the Secretary of the Army in his report dated April 12, 1971, on the Development of Water Resources in Appalachia, at an estimated cost of $2,355,000. CHARLES RIVER

WATERSHED

The project for flood control and other purposes in the Charles River Watershed, Massachusetts: Report of the Chief of Engineers dated December 6, 1972, at an estimated cost of $7,340,000. U P P E R M I S S I S S I P P I RIVER B A S I N

Land acquisition.

62 Stat. 1178. 80 Stat. 1423.

Plans, approval.

The project for flood control and other purposes at Prairie du Chien, Wisconsin: Report of the Chief of Engineers dated February 9, 1972, at an estimated cost of $1,840,000. SEC. 3. (a) 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 November 7, 1966, as amended and modified, is hereby further amended to authorize the Secretary of the Army, acting through the Chief of Engineers, to acquire thirty-two thousand acres of land for the mitigation of fish and wildlife resources, recreation, and environmental purposes. Such lands shall be made available for public use, consistent with good wildlife management practices. (b) Due to the urgency of completion of the West Tennessee tributaries feature and the necessity to preserve wildlife habitat, the Secretary of the Army, acting through the Chief of Engineers, is hereby authorized to enter immediately into leasehold agreements, accept donations, acquire by direct purchase, and to institute eminent domain proceedings to insure the preservation of the necessary lands in their natural state and to further the objectives of this section, (c) Final details and designs of this mitigation feature shall consist of plans approved by the Secretary of the Army, the Secretary of the Interior, and the Governor of the State of Tennessee after consultation with the Tennessee Game and Fish Commission prior to the conveyance by the Secretary of the Army to the State of Tennessee as provided in subsection (d).

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PUBLIC LAW 93-251-IVlAR. 7, 1974

(d) The Secretary of the Army is authorized and directed to convey without monetary consideration, to the State of Tennessee all right, title, and interest of the United (States in the lands and developments acquired under the authority of this section. Prior to such conveyance the State of Tennessee or its appropriate designee shall agree in writing in accordance with the provisions of section 221 of the Flood Control Act of 1970, to operate, maintain, and manage the agreedupon mitigation lands and developments at no expense to the United States. I n addition, the deed of conveyance to the lands and developments shall provide that they shall continue to be used for wildlife purposes in accordance with the plans of subsection (b) and the title to such lands or developments, which have been provided at Federal expense under the authority of this subsection shall revert to the United States if they cease to be used for such purposes. (e) Not less than 20 per centum of the funds appropriated each fiscal year for the construction of the West Tennessee tributaries feature, Mississippi River and tributaries project, shall be expended to implement the mitigation program authorized by this section, until the entire amount of funds authorized by this section has been expended. (f) The sum of $6,600,000 is hereby authorized to be appropriated to carry out the purposes of this section, and such sum shall be in addition to funds previously authorized for the West Tennessee tributaries feature. SEC. 4. The project for beach erosion control on Ediz Hook at Port Angeles, Washington, is authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 93-101, at an estimated cost of $4,553,000. The Secretary of the Army, acting through the Chief of Engineers is authorized to undertake, in connection with such project, such emergency interim measures as may be necessary to prevent the breaching of Ediz Hook prior to construction of the authorized project. SEC. 5. The project for flood control, water supply, and related purposes, in the Pocatalico River Basin, West Virginia, is hereby authorized substantially in accordance with the recommendations contained in the Pocatalico River Basin joint study interim report prepared by the Corps of Engineers and the Soil Conservation Service, at an estimated cost of $3,568,900, with the funds to be appropriated for use by the Secretary of Agriculture, contingent upon project approval by the President. SEC. 6. Section 103 of the River and Harbor Act of 1970 is amended to read as follows: "SEC. 103. The cost of operation and maintenance of the general navigation features of small boat harbor projects shall be borne by the United States. This section shall apply to any such project authorized (A) under section 201 of the Flood Control Act of 1965, (B) under section 107 of the River and Harbor Act of 1960, (C) between January 1, 1970, and December 31, 1970, under authority of this Act, and to projects heretofore authorized in accordance with the policy set forth in the preceding sentence and to such projects authorized in this Act or which are hereafter authorized." SEC. 7. (a) Section 116(a) of the River and Harbor Act of 1970 (Public Law 91-611) is amended by inserting before the period the following: ", and thereafter to maintain such channel free of such trees, roots, debris, and objects". (b) Section 116(c) of the River and Harbor Act of 1970 (Public Law 91-611) is amended by inserting before the period the following: "to clear the channel, and not to exceed $150,000 each fiscal year thereafter to maintain such channel".

15 State of T e n n e s s e e, land conveyance.

42 USC 1962d5b.

Appropriation.

Port A n g e l e s, Wash., project.

Pocatalico River B a s i n, W. Va., project.

84 Stat. 1819.

42 USC 1962d-5. 33 USC 577.

e h i c a g o River, 111., channel clearance. 84 Stat. 1822.

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 16 84 Stat. 1822.

San F r a n c i s c o Bay-Delta Model, Calif., operation.

42 USC 1962d15.

McClellan-Kerr A r k a n s a s River navigation system,

Surveys.

84 Stat. 1830.

64 Stat. 168.

Project review. L i s t, submittal to C o n g r e s s. 33 USC 579.

PUBLIC LAW 93-251-MAR. 7, 1974

[88 STAT.

(c) Section 116(b) of the River and Harbor Act of 1970 (Public Law 91-611) is amended by adding at the end thereof the following: "Non-Federal interests shall pay 25 per centum of the cost of maintaining the channel free of trees, roots, debris, and objects." SEC. 8. The Secretary of the Army, acting through the Chief of Engineers, is authorized to operate and maintain the San Francisco Bay-Delta Model in Sausalito, California, for the purpose of testing proposals affecting the environmental quality of the region, including, but not limited to, salinity intrusion, dispersion of pollutants, water quality, improvements for navigation, dredging, bay fill, physical structures, and other shoreline changes which might affect the regimen of the bay-delta waters. SEC. 9. The requirement in any water resources development project under the jurisdiction of the Secretary of the Army, that non-Federal interests hold and save the United States free from damages due to the construction, operation, and maintenance of the project, does not include damages due to the fault or negligence of the United States or its contractors. SEC. 10. The McClellan-Kerr Arkansas River navigation system, authorized by the Act entitled "An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes", approved June 28, 1938 (52 Stat. 1215), as amended and supplemented, is hereby further modified to include alteration at Federal expense of the municipal water supply facilities of the city of Conway, Arkansas, by the construction of water supply impoundment facilities at a location outside the flat flood plain of Cadron Creek, together with interconnecting pipeline and other appurtenant work, so that the water supply capacity of the resultant municipal facilities is approximately equivalent to that existing prior to constiuction of the navigation system. SEC. 11. (a) The Secretary of the Army is hereby authorized and directed to cause surveys to be made at the following locations for flood control and allied purposes, and subject to all applicable provisions of section 217 of the Flood Control Act of 1970 (Public Law 91-611): San Luis Obispo County, California. Buffalo River Basin, New York (wastewater management study). Palo Blanco Creek and Cibolo Creek, at and in the vicinity of Falfurrias, Texas. (b) The Secretary of the Army is hereby authorized and directed to cause surveys to be made at the following locations and subject to all applicable provisions of section 110 of the River and Harbor Act of 1950: Miami River, Florida, with a view to determining the feasibility and advisability of dredging the river in the interest of water quality. Port Las Mareas. Puerto Rico, with a view to determining the feasibility and advisability of assumption of maintenance of the project by the United States. Saint Marys River at, and in the vicinity of, Sault Sainte Marie, Michigan, with a view to determining the advisability of developing a deep draft navigation harbor and international port. East Two Rivers between Tower, Minnesota, and Vermilion Lake. SEC. 12. (a) As soon as practicable after the date of enactment of this section and at least once each year thereafter, the Secretary of the Army, acting through the Chief of Engineers, shall review and submit to Congress a list of those authorized projects for works of

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H

improvement of rivers and harbors and other waterways for navigation, beach erosion, flood control, and other purposes which have been authorized for a period of at least eight years without any Congressional appropriations within the last eight years and which he determines, after appropriate review, should no longer be authorized. Each project so listed shall be accompanied by the recommendation of the Chief of Engineers together with his reasons for such recommendation. Prior to the submission of such list to the Congress, the Secretary of the Army, acting through the Chief of Engineers, shall obtain the views of interested Federal departments, agencies, and instrumentalities, and of the Governor of each State wherein such project would be located, which views shall be furnished within sixty days after being requested by the Secretary and which shall accompany the list submitted to Congress. Prior to the submission of such list to Congress the Secretary of the Army, acting through the Chief of Engineers, shall notify each Senator in whose State, and each Member of the House of Representatives in whose district, a project (including any part thereof) on such list would be located. (b) Such list shall be delivered to both Houses on the same day and to each House while it is in session. A project on such list shall not be authorized at the end of the first period of one hundred and eighty calendar days of continuous session of Congress after the date such list is delivered to it unless between the date of delivery and the end of such one hundred and eighty-day period, either the Committee on Public Works of the House of Representatives or the Committee on Public Works of the Senate adopts a resolution stating that such project shall continue to be an authorized project. For the purposes of this section continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the one hundred and eighty-day period. The provisions of this section shall not apply to any project contained in a list of projects submitted to the Congress within one hundred and eighty days preceding the date of adjournment sine die of any session of Congress. (c) Nothing in this section shall be construed so as to preclude the Secretary from withdrawing any pr'oiect or projects from such list at any time prior to the final day of the period provided for in subsection (b). (d) This section shall not be applicable to any project which has been included in a resolution adopted pursuant to subsection (b). (e) The Secretary of the Army, acting through the Chief of Engineers, shall, on request by resolution of the Committee on Public Works of the Senate or the Committee on Public Works of the House of Representatives, review authorized projects for inclusion in the list of projects provided for in subsection (a) of this section. If any project so reviewed is not included in any of the first three lists submitted to the Congress after the date of the resolution directing the review of the project, a report on the review tofii:ether with the reasons for not ^:^fJ^T' ^"*'" T

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t

/-^

•

mittal to c o n g r e s -

recommending deauthorization, shall be submitted to the ( ommittees sionai committees. on Public Works of the Senate and House of Representatives not later than the date of the third list submitted to Congress after the date of such resolution. SEC. 13. Section 207(c) of the Flood Control Act of 1960 (33 U.S.C. 701r-l (c)) is hereby amended to read as follows: "(c) For water resources proiects to be constructed in the future, when the taking by the Federal Government of an existing public road necessitates replacement, the substitute provided will, as nearly as

'

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Sandridge Dam and Reservoir, N.Y., project modification. 84 Stat. 1824.

Little River Inlet, S. C, n a v i gation project modification. 42 USC 1962d-5.

White River B a s i n, project modification.

PUBLIC LAW 93-251-MAR. 7, 1974

[88 STAT.

practicable, serve in the same manner and reasonably as well as the existing road. The head of the agency concerned is authorized to construct such substitute roads to the design standards which the State or owning political division would use in constructing a new road under similar conditions of geography and under similar traffic loads (present and projected). I n any case where a State or political subdivision thereof requests that such a substitute road be constructed to a higher standard than that provided for in the preceding provisions of this subsection, and pays, prior to commencement of such construction, the additional costs involved due to such higher standard, such agency head is authorized to construct such road to such higher standard. Federal costs under the provisions of this subsection shall be part of the nonreimbursable project costs." SEC. 14. The project for the Sandridge Dam and Reservoir, Ellicott Creek, New York, for flood protection and other purposes as authorized by the Flood Control Act of 1970, is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to undertake remedial flood control measures to alleviate flooding in the reach between Stalil Eoad and Niagara Falls Boulevard that are compatible with the diversion channel plan contained in the report of the district engineer, United States Army Engineer District, Buffalo, dated August 1973, such work to be subject to the items of local cooperation required for similar projects and such work to be limited to areas downstream from Sweethome Road in the town of Amherst, New York, and such other areas as the Secretary may deem necessary. The work authorized by this section shall be compatible with the authorized project and any alternatives currently under study pursuant to the Flood Control Act of 1970. SEC. 15. The project for navigation at Little River Inlet, South Carolina, authorized under provisions of section 201 of the Flood Control Act of October 27, 1965 (Public Law 89-298), is hereby modified to authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to perform such emergency dredging operations as the Chief of Engineers determines necessary to maintain channel depths sufficient to permit frea and safe movement of vessels until such time as the authorized project is constructed. SEC. 16. (a) The comprehensive plan for flood control and other purposes in the White River Basin, as authorized by the Act of June 28, 1938 (52 Stat. 1215), and as modified and amended by subsequent Acts, is further modified to provide for a free highway bridge built to modern standards over the Norfork Reservoir at an appropriate location in the area where United States Highway 62 and Ai'kansas State Highway 101 were inundated as a result of the construction of the Norfork Dam and Reservoir. Such bridge shall be constructed by the Chief of Engineers in accordance with such plans as are determined to be satisfactory by the Secretary of the Army to provide adequate crossing facilities. Prior to construction the Secretary of the Army, acting through the Chief of Engineers, shall enter into an agreement with appropriate non-Federal interests as determined by him, which shall provide that after construction such non-Federal interests shall own, operate, and maintain such bridges and approach facilities free to the public. (b) The cost of constructing such bridge shall be borne by the United States except that the State of Arkansas shall, upon completion of such bridge, reimburse the United States the sum of $1,342,000 plus interest, compounded annually, for the period from May 29, 1943, to the date of enactment of this Act. Such interest shall be computed at rates determined by the Secretary of the Treasury to be equal to

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PUBLIC LAW 93-251-MAR. 7, 1974

the average annual rates payable on all interest-bearing obligations of the United States forming a part of the public debt for each year during this period, and adjusted to the nearest one-eighth of 1 per centum. SEC. 17. The projects for Melvern Lake and Pomona Lake, Kansas, authorized as units of the comprehensive plan for flood control and other purposes, Missouri River Basin, by the Flood Control Act approved September 3, 1954, are hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to improve surface roads in the vicinity of such pix)jects which he determines to be necessary for appropriate utilization of such projects. The Federal share of the work performed under this section shall not exceed 70 per centum of the costs of such work. There is authorized to be appropriated to the Secretary not to exceed $500,000 to carry out this section. SEC. 18. The project for Tuttle Creek Reservoir, Big Blue River, 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 the Secretary of the Army, acting through the Chief of Engineers, in his discretion to improve that portion of F A S 1208 extending from the intersection with Kansas State Highway 13 in section 5, township 9 south, range 8 east, thence north and west to the intersection with country road in section 14, township 8 south, range 7 east, approximately 5.78 miles. The Federal share of the work performed under this section shall not exceed 70 per centum of the costs of such work. There is authorized to be appropriated to the Secretary not to exceed $500,000 to carry out this section. SEC. 19. (a) The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to convey to the Andrew Jackson Lodge Numbered 5, Fraternal Order of Police, of Xashville, Tennessee (hereafter in this section referred to as the "lodge"), all right, title, and interest of the United. States in and to that real property consisting of thirty-eight acres, more or less, which is located within the Old Hickory lock and dam project and which is presently leased to the lodge under lease numbered AA-40058-CIVENG-60431, dated December 1, 1959. (b) The cost of any surveys necessary as an incident of the conveyance authorized by this section shall be borne by the lodge. (c) Title to the property authorized to be conveyed by this section shall revert to the United States, which shall have the right of immediate entry thereon, if the lodge shall ever use. or permit to be used, any part of such property for any purpose other than as a youth camp facility. (d) The con Abeyance authorized by this section shall be made upon payment by the lodge to the Secretary of the Army of an amount of money equal to the fair market value of the property. The fair market value of such property shall be determined by an independent qualified appraiser acceptable to both the Secretary of the Army and the lodge. No conveyance may be made pursuant to this section after the close of the twelfth month after the month in which this section is enacted. SEC. 20. Section 213 of the Flood Control Act of 1970 (84 Stat. 1824, 1829) is hereby amended by (1) inserting before the period at the end of the first sentence the following: ", at an estimated cost of $11,400,000" and (2) striking out the last sentence. SEC. 21. The project for flood protection on the Minnesota River at Mankato-North Mankato, Minnesota, authorized by the Flood Control Act of 1958 and modified by section 207 of the Flood Control

Melvern and Pomona L a k e s, K a n s., project modification. 68 Stat. 1261.

Appropriation.

Tuttle Creek R e s e r v o i r, Big Blue River, K a n s. 52 Stat. 1218.

Appropriation. F r a t e r n a l Order of P o l i c e, N a s h v i l l e, T e n n., land conveyance.

Surveys, c o s t s.

Payment.

Minnesota River, MankatoNorth Mankato, Minn., project modification.

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 20 72 Stat. 310; 79 Stat. 1085.

Water conservation p l a n s. 42 USC 1962d16. Reports to Congress.

Appropriation.

33 USC 1165a.

Local cooperation, study. 42 USC 1962d-5 note.

Report to Congress.

Land and water u s e, study. 42 USC 1962d-5 note. Report to Congress.

33 USC 701g.

33 USC 701r.

Lake Texoma, T e x. and Okla., a c c e s s improvements.

PUBLIC LAW 93-251-MAR. 7, 1974

[88 STAT.

Act of 1965, is hereby further modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to reimburse the city of Mankato for local costs incurred in relocating that portion of the existing Mankato interceptor sewer extending approximately one thousand six hundred feet upstream and one thousand five hundred feet downstream of the Warren Creek Pumping Station, provided the relocated interceptor sewer is designed and constructed in a manner which the Secretary of the Army determines is fully adequate to serve the project purpose. SEC. 22. (a) The Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate with any State in the preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins located within the boundaries of such State and to submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out such plans. (b) There is authorized to be appropriated not to exceed $2,000,000 annually to carry out the provisions of this section except that not more than $200,000 shall be expended in any one year in any one State. SEC. 23. Section 123 of the Kiver and Harbor Act of 1970 (84 Stat. 1818, 1823) is hereby amended by adding at the end of subsection (d) of such section the following: " I n the event such findings occur after the appropriate non-Federal interest or interests have entered into the agreement required by subsection (c), any payments due after the date of such findings as part of the required local contribution of 25 per centum of the construction costs shall be waived by the Secretary of the Army.". SEC. 24. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to make a complete study of the items of local cooperation involving hold and save harmless provisions which have been required for water resources development projects under his jurisdiction, and his reasons for such requirements, and to report thereon to the Congress not later than June 30, 1975, together with recommendations as to those items of local cooperation which should appropriately be required for various types of water resources development projects. SEC. 25. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to study land use practices and recreational uses at water resource development projects under his jurisdiction, and to report thereon to the Congress not later than June 30. 1975, with recommendations as to the best use of such lands for outdoor recreation, fish and wildlife enhancement, and related purposes. SEC. 26. Section 208 of the Flood Control Act of 1954 (68 Stat. 1256, 1266) is hereby amended by striking out "$2,000,000" and inserting in lieu thereof "$5,000,000",* and by striking out "$100,000" and inserting in lieu thereof "$250,000". SEC. 27. Section 14 of the Act approved July 24, 1946 (60 Stat. 653), is hereby amended by striking out "$1,000,000" and inserting in lieu thereof "$10,000,000", by inserting after the words "public works," "churches, hospitals, schools, and other nonprofit public services," by striking out "$50,000" and inserting in lieu thereof "$250,000" and by striking out "of emergency bank-protection works to prevent flood" and inserting in lieu thereof ", repair, restoration, and modification of emergency streambank and shoreline protection works to prevent". SEC. 28. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to improve perimeter access at

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Lake Texoma, Texas and Oklahoma, utilizing existing roads to the extent feasible. There is authorized to be appropriated not to exceed $3,000,000 to carry out this section. SEC. 29. The Act entitled " A n Act authorizing the city of Kock jif "[^^^i/^^^^^^;^ Island, Illinois, or its assigns, to construct, maintain, and operate a toll bridge across the Mississippi River at or near Rock Island, Illinois, and to place at or near the city of Davenport, Iowa", approved March 18, 1938 (52 Stat. 110), is amended— (1) by inserting after "to reconstruct, enlarge, and extend the approaches" in subsection (b) of the first section the following: "(including the eastern approach in Rock Island, Illinois)", (2) by inserting after "approaches" in subsection (c) of the first section the following: "(other than the eastern approach in Rock Island, Illinois)", and (3) by inserting at the end of subsection (c) of the first section the following: "The reconstruction, enlargement, and extension of the eastern approach in Rock Island, Illinois, to such bridge pursuant to subsection (b) of this section shall be commenced not later than December 1, 1974, and shall be completed before December 1, 1977.". SEC. 30. The project for enlargement of Lavon Reservoir on the ^(,'^^^'^"1^"*'" East Fork of the Trinity River, Texas, authorized by the Flood Con- Rive'r, Tex., trol Act of 1962, is hereby modified to authorize the Secretary of project modificathe Army, acting through the Chief of Engineers, to provide a cross- ^ye'Stat. iiss. ing and approaches at Tiekey Creek and suitable surfacing to permit all-weather use of Collin County Road 115, at a cost not to exceed $800,000. SEC. 31. The project for the Atlantic coast of Long Island, Fire ^ Y°"Jo^eTt'^' Island Inlet to Montauk Point, New York, authorized in section 101 modification. of the River and Harbor Act of 1960, is hereby modified to provide ^"^ ^*^*- '*^°that non-Federal interests shall (1) contribute 30 per centum of the first cost of the project, including the value of lands, easements, and rights-of-way; (2) hold and save the United States free from damages due to the construction works; and (3) maintain and operate the improvements in accordance with regulations prescribed by the Secretary of the Army. SEC. 32. (a) This section may be cited as the "Streambank Erosion Er^olToTcon^roi Control Evaluation and Demonstration Act of 1974". Evaluauon and (b) The Secretary of the Army, acting through the Chief of Engi- Demonstration Act neers, is authorized and directed to establish and conduct for a period °yationai streamof five fiscal years a national streambank erosion prevention and con- bank erosion pretrol demonstration program. The program shall consist of (1) an J'rofdemonstra°t'ion evaluation of the extent of streambank erosion on navigable rivers program. and their tributaries; (2) development of new methods and tech-^jj^ ^^^ 1962d-s niques for bank protection, research on soil stability, and identification of the causes of erosion; (3) a report to the Congress on the results nf^^r7V° of such studies and the recommendations of the Secretary of the Army °"^''^^^" on means for the prevention and correction of streambank erosion; and (4) demonstration projects, including bank protection works. (c) Demonstration projects authorized by this section shall be undertaken on streams selected to reflect a variety of geographical and environmental conditions, including streams with naturally occurring erosion problems and streams with erosion caused or increased by manmade structures or activities. A t a minimum, demonstration projects Project sites. shall be conducted at multiple sites on— (1) the Ohio River; (2) that reach of the Missouri River between Fort Randall Dam, South Dakota, and Sioux City, Iowa;

38-194 O - 76 - 5 Pt. 1

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Non-Federal i n t e r e s t s, requirements.

Appropriation.

Scioto River, Ohio, project modification. 76 Stat. 1188.

Ohio River, Newburgh, Ind., bank protection works. 35 Stat. 8 1 8.

33 USC 5.

Aleutian Islands, Alaska, study.

Report to Congress.

American River Calif., road, bridges. 84 Stat. 1 8 3 1.

Santa Cruz Harbor project, Santa Cruz, Calif. 72 Stat. 2 9 9.

PUBLIC LAW 93-251-MAR. 7, 1974

[88 STAT.

(3) that reach of the Missouri River in North Dakota at or below the Garrison Dam; and (4) the delta and hill areas of the Yazoo River Basin generally in accordance with the recommendations of the Chief of Engineers in his report dated September 23, 1972. (d) Prior to construction of any projects under this section, nonFederal interests shall agree that they will provide without cost to the United States lands, easements, and rights-of-way necessary for construction and subsequent operation of the projects; hold and save the United States free from damages due to construction, operation, and maintenance of the projects; and operate and maintain the projects upon completion. (e) There is authorized to be appropriated for the five-fiscal-year period ending June 30, 1978, not to exceed $25,000,000 to carry out subsections (b), (c),and (d) of this section. SEC. 33. The flood control project for the Scioto River, Ohio authorized by section 203 of the Flood Control Act of 1962, as modified, is hereby further modified (1) to permit the construction of local protection works at Chillicothe, Ohio, prior to commencement of construction of the Mill Creek Reservoir, and (2) to permit the plan for such works to be revised by the Chief of Engineers so as to provide a degree of protection substantially equivalent to that provided by the project as originally authorized. SEC. 34. The project for Newburgh lock and dam, authorized under authority of section 6 of the River and Harbor Act approved March 3, 1909, is hereby modified to direct the Secretary of the Army, acting through the Chief of Engineers, to perform bank protection works along the Ohio River at Newburgh, Indiana. Prior to construction, non-Federal interests shall agree that they will provide without cost to the United States lands, easements, and rights-of-way necessary for construction and subsequent operation of the works; hold and save the United States free from damages due to construction, operation, and maintenance of the works, and operate and maintain the works upon completion. SEC. 35. 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 in World W a r II in the vicinities of Port Heiden, Cold Bay, Unalaska, and Unmak Island, in the Aleutian Islands, Alaska. Such study shall include an analysis of appropriate measvires to restore these areas to their natural condition. The Secretary of the Army, acting through the Chief of Engineere, is directed to report the findings of such study to Congress within one year after the date of enactment of this section. SEC. 36. Section 222 of the Flood Control Act of 1970 (Public Law 91-611) is amended by inserting at the end thereof the following: "The Secretary may also provide for the cost of construction of a two-lane, all-weather paved road (including appropriate two-lane bridges) extending from Old United States Highway 40, near Weimar across the North Fork and Middle Fork of the American River to the Eldorado County Road near Spanish Dry Diggings, substantially in accordance with the report of the Secretary entitled 'Replacement Alternative Upstream Road System, Auburn Reservoir—June 1970'." SEC. 37. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to review the requirements of local cooperation for the Santa Cruz Harbor project, Santa Cruz, California, authorized by the River and Harbor Act of 1958, with particu-

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lar reference to Federal and non-Federal cost sharing, and to report the findings of such review to Congress within one year after the date of enactment of this section. SEC. 38. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to review the requirements of local cooperation for the project for Anaheim Bay, California, authorized by the Eiver and Harbor Act of 1954 for Seal Beach, California, with particular reference to Federal and non-Federal cost sharing, and to report the findings of such review to Congress within one year after the date of enactment of this section. SEC. 39. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to undertake such emergency bank stabilization works as are necessary to jH'btect the Sacred Heart Hospital in Yankton, South Dakota, from damages caused by bank erosion downstream of Gavins Point Dam, Missouri River. SEC. 40. (a) I n connection with any water resource development project, heretofore, herein, or hereafter authorized to be undertaken by the Secretary of the Army, the construction of which has not been initiated as of the date of the enactment of this section, where authorization requires that non-Federal public bodies make an agreed-upon cash contribution as part of their reimbursement to the Federal Government for construction costs, or a specific portion of the construction costs, and where there exists no other provision of law which would permit extended repayment for the construction costs or such specific portion of the construction costs involved, such non-Federal public bodies may make such repayment in annual installments during the period of construction. (b) Upon the request of affected non-Federal public bodies, the Secretary of the Army is authorized to modify existing cost sharing agreements in order to effectuate the provisions of subsection (a) of this section. SEC. 41. (a) The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to make a detailed study and report of the total benefits and costs attributable to the water resources development projects undertaken in the Ohio River Basin by the Corps of Engineers. The evakiation of benefits and costs attributable to such projects shall include consideration of the enhancement of regional economic development, quality of the total environment, the well-being of the people, and the national economic development. (b) The Secretary, acting through the Chief of Engineers, shall report the finding of such study to Congress within two years after funds are made available to initiate the study. (c) There is authorized to be appropriated to the Secretary not to exceed $2,000,000 to carry out this section. SEC. 42. The project for flood control and improvement of the lower Mississippi River (adoDted by the Act of May 15, 1928 (45 Stat. 534)), as amended and modified is further amended and modified so as to provide that in the case of lands which were authorized to be acquired for the purpose of mitigating losses to wildlife resulting from Federal improvements which have not been acquired and which are no longer suitable for such purpose, the Secretary of the Army, acting through the Chief of Engineers, may, to the extent justified, acquire substitute lands, not to exceed the acreages previously authorized for such purpose, in the same or adjacent subbasins of the project area. SEC. 43. Any proposed road to the Zilpo Recreation Area shall not be constructed under the Cave Run Lake project in Kentucky authorized by the Flood Control Acts approved June 22, 1936, and June 28,

Report to Congress. Anaheim Bay, Calif.

68 Stat. 1254. Report to Congress. Yankton, S. D a k., emergency bank s t a b i l i z a t i o n works.

Non-Federal public b o d i e s, construction c o s t s reimbursement. 42 USC 1962d5c.

Cost sharing agreements, modification.

Ohio River B a s i n, water resources development p r o j e c t s, study.

Report to Congress.

Appropriation. Lower M i s s i s s i p p i River project modification.

Cave Run Lake project, Ky., road construction. 49 Stat. 1570.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/68

 24 52 Stat. 1215. P u b l i c review and comment. Mountrail County Park Commission, N. Dak., land conveyance.

PUBLIC LAW 93-251-MAR. 7, 1974

[88 STAT.

1938, until there is a full opportunity for public review and comment on the environmental impact statement pertaining to any such proposed road. SEC. 44. (a) Subject to the provisions of subsection (b) of this section, the Secretary of the Army is authorized and directed to convey to the Mountrail County P a r k Commission of Mountrail County, North Dakota, all rights, title, and interest of the United States in and to the following described tracts of land: TRACT N U M B E R

1

All of the land which lies landward of a line, which line is 300 feet above and measured horizontally from contour elevation 1,850 mean sea level of old Van Hook Village in the northwest quarter of section 32, township 152, range 91 west of the fifth guide meridian. TRACT N U M B E R

2

All of the land which lies landward of a line which line is 300 feet above and measured horizontally from contour elevation 1,850 mean sea level of Olson's first addition, part of the southwest quarter of section 29, township 152, range 91 west of the fifth guide meridian. TRACT N U M B E R

Surveys, c o s t s.

42 USC 4482. " N e t c o s t " and 'net c o s t s. "

3

Hodge's first addition, part of the northeast quarter of section 32, township 152, range 91, west of the fifth guide meridian. (b)(1) The conveyance of such portion of the lands described in subsection (a) as is being used by the North Dakota State Game and Fish Department for wildlife management purposes shall not become effective until the termination of the license granted to such department for such use either in accordance with its original terms on October 31, 1980, or at any time prior thereto. (2) The lands conveyed pursuant to this section shall be used by the Mountrail County P a r k Commission, Mountrail County, North Dakota, solely for public park and recreational purposes, and if such lands are ever used for any other purpose, title thereto shall revert to, and become the property of, the United States which shall have the right of immediate entry thereof. ^ (3) The conveyance authorized by this section shall be subject to such other terms and conditions as the Secretary of the Army deems to be in the public interest. (c) The Mountrail County Park Commission shall pay the costs of such surveys as may be necessary to determine the exact legal description of the lands to be conveyed and such sums as may be fixed by the Secretary of the Army to compensate the United States for its administrative expenses in connection with the conveyance of such lands, which sum shall be covered into the Treasury into miscellaneous expenses. SEC. 45. (a) Section 252 of the Disaster Belief Act of 1970 (Public Law 91-606, 84 Stat. 1757) is amended by adding at the end thereof the following: " (d) For the purposes of this section, 'net cost' and 'net costs' of repairing, restoring, reconstructing, or replacing any such facility shall include the costs actually incurred m replacing the facility's services with services from other sources during the period of repair, restoration, reconstruction, or replacement of such facility, to the extent such costs exceed the costs which would have been incurred in providing such services but for the disaster."

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25

PUBLIC LAW 93-251-MAR. 7, 1974

(b) The amendment made by section (a) of this section shall take effect as of August 1, 1969. SEC. 46. The Secretary of the Army, acting through the Chief of Engineers, is authorized to amend the contract between the city of Aberdeen, Washington, and the United States for use of storage space in the Wynoochee Dam and Lake on the Wynoochee River, Washington, for municipal and industrial water supply purposes. Such amended contract shall provide that the costs allocated to present demand water supply, shall be repaid over a period of fifty years after the project is first used for the storage of water for water supply purposes. The first annual payment shall be a minimum of 0.1 per centum of the total amount to be repaid. The annual payments shall be increased by 0.1 per centum each year until the tenth year at which time the payment shall be 1 per centum of the total principal amount to be repaid. Subsequent annual payments for the balance of forty years shall be one-fortieth of the balance remaining after the tenth annual payment (including interest over such fifty year period). SEC. 47. The project for Wynoochee Dam and Lake, Wynoochee River, Washington, authorized by the Flood Control Act approved October 23, 1962 (76 Stat. 1193), is hereby modified to provide that the Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to transfer to the State of Washington, as a part of project costs, an amount not to exceed $696,000 for construction of fish hatchery facilities for prevention of losses of natural spawning areas for anadromous trout occasioned by project construction. SEC. 48. Section 7 of the River Basin Monetary Authorization and Miscellaneous Civil Works Amendment Act of 1970 (84 Stat. 310) is hereby amended to read as follows: "SEC. 7. That the project for Libby Dam. Kootenai River, Montana, is hereby modified to provide that an amount not to exceed $4,000,000 may be used for the construction of fish production measures in compensation for fish losses attributed to the project, and for the acquisition of necessary real estate, construction of access roads and utilities, and performance of services related thereto, as deemed appropriate by the Secretary of the Army, acting through the Chief of Engineers.". SEC. 49. (a) The project for Libby Dam, Kootenai River, Montana, authorized by the Flood Control Act approved May 17, 1950 (64 Stat. 170), is hereby modified to provide that the Secretary of the Army, acting through the Chief of Engineers, is authorized to acquire not more than twelve thousand acres of land for the prevention of wildlife grazing- losses caused by the project. (b) The Secretary is further authorized and directed to convey without monetary consideration, to the State of Montana all right, title, and interest of the United States in the land acquired under subsection (a), for use for wildlife grazing purposes. The deed of conveyance shall provide that the land shall revert to the United States in the event it ever ceases to be used for wildlife grazing purposes. (c) There is authorized to be appropriated not to exceed $2,000,000 to carry out the provisions of this section. SEC. 50. The project for Libby Dam (Lake Koocanusa). Montana, authorized by the Flood Control Act approved ]May 17, 1950 (64 Stat. 170), is hereby modified to provide that the Secretary of the Army, acting through the Chief of Engineers, is authorized to reimburse Boundary County, Idaho, for the cost incurred to elevate, relocate, or reconstruct the bridge, located at the mouth of Deep Creek as it joins the Kootenai River, made necessary by the duration of higher flows during drawdown operations at Libby Dam. There is authorized to be appropriated not to exceed $350,000 for the purposes of this section.

Effective date. 42 USC 4482 note. Aberdeen, Wash., contract amendment.

Wynoochee River, Wash., project modification.

Libby Dam project, Kootenai River, Mont., modification.

Land acquisition.

State of Mont a n a, land conveyance.

Appropriation. Libby Dam project, modification.

Appropriation.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/70

 26 E a s t River, N.Y. 33 USC 59c-2.

42 USC 4321 note.

Reimbursement to Federal agencies. Cape F e a r, N. e., project modification.

42 USC 1962d5a. Grand River, Mo.-Iowa, project modification. 79 Stat. 1080.

Report to Congress. Shoreline E r o s i o n Control Act of 1974. 42 USC 1962d-5 note.

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[88 STAT.

SEC. 51. 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 non-navigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of the bulkheading and filling and permanent pile-supported structures 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 East River in New York County, State of New York, bounded and described as follows are hereby declared to be not navigable waters of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given to the filling in of all or any part thereof or the erection of permanent pile-supported structures thereon: That portion of the East River in New York County, State of New York, lying shoreward of a line with the United States pierhead line as it exists on the date of the enactment of this Act, bounded on the north by the south side of Rutgers Slip extended easterly, and bounded on the south by the southeasterly border of Battery Park at a point adjacent to the westerly end of South Street extended south by southwest, is hereby declared to be nonnavigable waters of the United States. This declaration shall apply only to portions of the above-described area which are bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section. SEC. 52. The project for hurricane-flood control protection from Cape Fear to the North Carolina-South Carolina State line. North Carolina, authorized by the Flood Control Act of 1966 (80 Stat. 1418, 1419) is hereby modified to provide that the Secretary of the Army, acting through the Chief of Engineers, may enter into an agreement with non-Federal public bodies to provide for reimbursement of installation costs incurred by such bodies, or an equivalent reduction in the contributions they are otherwise required to make, or a combination thereof, in an amount not to exceed $2,000,000 for work to be performed in the project, subject to the provisions of subsections (b) through (e) of section 215 of the Flood Control Act of 1968. SEC. 53. The project for flood protection on the Grand River and tributaries, Missouri and Iowa, authorized by the Flood Control Act of 1965 is hereby modified to authorize and direct the Chief of Engineers to proceed immediately with the engineering and design of the Pattonsburg Lake project as presently authorized subject to such modifications as are determined desirable by the Chief of Engineers on the basis of results of a review of the authorized Grand River Basin plan of development including consideration of the current justification and feasibility of advance Federal participation in construction of the 1-35 highway crossing of the river and of including power facilities during the project construction. Such inclusion of power facilities shall be subject to submission of a feasibility report to the Congress and subsequent congressional action thereon. SEC. 54. (a) This section may be cited as the "Shoreline Erosion Control Demonstration Act of 1974". (b) The Congress finds that because of the importance and increasing interest in the coastal and estuarine zone of the United States, the deterioration of the shoreline within this zone due to erosion, the harm to water quality and marine life from shoreline erosion, the loss of recreational potential due to such erosion, the financial loss to private

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Page:United States Statutes at Large Volume 88 Part 1.djvu/71

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PUBLIC LAW 93-251-MAR. 7, 1974

and public landowners resulting from shoreline erosion, and the inability of such landowners to obtain satisfactory financial and technical assistance to combat such erosion, it is essential to develop, demonstrate, and disseminate information about low-cost means to prevent and control shoreline erosion. I t is therefore the purpose of this section to authorize a program to develop and demonstrate such means to combat shoreline erosion. (c)(1) The Secretary of the Army, acting through the Chief of Engineers, shall establish and conduct for a period of five fiscal years a national shoreline erosion control development and demonstration program. The program shall consist of planning, constructing, operating, evaluating, and demonstrating prototype shoreline erosion control devices, both engineered and vegetative. (2) The program shall be carried out in cooperation with the Secretary of Agriculture, particularly with respect to vegetative means of preventing and controlling shoreline erosion, and in cooperation with Federal, State, and local agencies, private organizations, and the Shoreline Erosion Advisory Panel established pursuant to subsection (d). (3) Demonstration projects established pursuant to this section shall emphasize the development of low-cost shoreline erosion control devices located on sheltered or inland waters. Such projects shall be undertaken at no less than two sites each on the shorelines of the Atlantic, Gulf and Pacific coasts, the Great Lakes, and the State of Alaska, and at locations of serious erosion along the shores of Delaware Bay, particularly at those reaches known as Pickering Beach, Kitts Hummock, Bowers, Slaughter Beach, Broadkill Beach, and Lewes in the State of Delaware. Sites selected shoidd, to the extent possible, reflect a variety of geographical and climatic conditions. (4) Such demonstration projects may be carried out on private or public lands except that no funds appropriated for the purpose of this section may be expended for the acquisition of privately owned lands. I n the case of sites located on private or non-Federal public lands, the demonstration projects shall be undertaken in cooperation with a non-Federal sponsor or sponsors who shall pay at least 25 per centum of construction costs at each site and assume operation and maintenance costs upon completion of the project. (d)(1) No later than one hundred and twenty days after the date of enactment of this section the Chief of Engineers shall establish a Shoreline Erosion Advisory Panel. The Chief of Engineers shall appoint fifteen members to such Panel from among individuals who are knowledgeable with respect to various aspects of shoreline erosion, with representatives from various geographical areas, institutions of higher education, professional organizations. State and local agencies, and private organizations, except that such individuals shall not be regidar full-time employees of the United States. The Panel shall meet and organize within ninety days from the date of its establishment, and shall select a Chairman from among its members. The Panel shall then meet at least once each six months thereafter and shall expire ninety days after termination of the five-year program established pursuant to subsection (c). (2) The Panel shall— (A) advise the Chief of Engineers generally in carrying out provisions of this section; (B) recommend criteria for the selection of development and demonstration sites; (C) recommend alternative institutional, legal, and financial arrangements necessary to effect agreements with non-Federal sponsors of project sites;

27

N i i ^ une^eroTion co'n-' troj development and demonstration "" ° program. -^-^»-

Shoreline ErosionTdXofy Panei. Establishment

Functions.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/72

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Compensation.

5 USC 5332 note. 5 USC 5703. Technical assistance. Reports to congressional committees.

Appropriation.

T e c h n i c a l and engineering assistance. 42 USC 1962d-5 note.

Libby Dam, Mont., project modification.

P r e s q u e Isle Peninsula, Pa., project e x t e n s i o n.

Report to Congress. Appropriation. Atchafalaya River, L a., project modification.

[88

STAT.

(D) make periodic reviews of the progress of the program pursuant to this section; (E) recommend means by which the knowledge obtained from the project may be made readily available to the public; and (F) perform such functions as the Chief of Engineers may designate. (3) Members of the Panel shall, while serving on business of the Panel, be entitled to receive compensation at rates fixed by the Chief of Engineers, but not in excess of the maximum rate of pay for grade GS-18, as provided in the General Schedule under section 5332 of title 5 of the United States Code, including traveltime and while away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in Government service employed intermittently. (4) The Panel is authorized, without regard to the civil service laws, to engage such technical and other assistance as may be required to carry out its functions. (e) The Secretary of the Army, acting through the Chief of Engineers, shall prepare and submit annually a program progress report, including therein contributions of the Shoreline Erosion Advisory Panel, to the Committees on Public Works of the Senate and House of Representatives. The fifth and final report shall be submitted sixty days after the fifth fiscal year of funding and shall include a comprehensive evaluation of the national shoreline erosion control development and demonstration program. (f) There is authorized to be appropriated for the first fiscal year following enactment of this section, and the succeeding four fiscal years, a total of not to exceed $8,000,000 to carry out the provisions of this section. SEC. 55. The Secretary of the Army, acting through the Chief of Engineers, is authorized to provide technical and engineering assistance to non-Federal public interests in developing structural and nonstructural methods of preventing damages attributable to shore and streambank erosion. SEC. 56. The project for Libby Dam (Lake Koocanusa), Montana, authorized by the Flood Control Act approved May 17, 1950 (64 Stat. 170), is hereby modified to provide that the Secretary of the Army, acting through the Chief of Engineers, is authorized to compensate the drainage districts and owners of leveed and unleveed tracts, in Kootenai Flats, Boundary County, Idaho, for modification to facilities including gravity drains, structures, pumps, and additional pumping operational costs made necessary by, and crop and other damages resulting from, the duration of higher flows during drawdown operations at Libby Dam, except that the total of all such compensation shall not exceed $1,500,000. SEC. 57. The authorization for the beach erosion control project for Presque Isle Peninsula, Erie, Pennsylvania, as provided in section 101 of the River and Harbor Act of 1960 (74 Stat. 480) is reinstated and extended under the terms existing immediately prior to the termination of such authorization, for a period of five years from the date of enactment of this Act, or if the review study of such project being carried out by the Secretary of the Army is not completed prior to the end of such period, until such study is completed and a report thereon submitted to the Congress. There is authorized to be appropriated not to exceed $3,500,000 to carry out this section. SEC. 58. (a) The project for navigation in the Atchafalaya River and Bayous Chene, Boeus, and Black, Louisiana, authorized by the River and Harbor Act of 1968 (82 Stat. 731) is hereby modified to

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PUBLIC LAW 93-251-MAR. 7, 1974

29

provide that the non-Federal interests shall contribute 25 per centum of the costs of areas required for initial and subsequent disposal of spoil, and of necessary retaining dikes, bulkheads, and embankments therefor. (b) The requirements for appropriate non-Federal interest or inter- waiver. ests to furnish an agreement to contribute 25 per centum of the construction costs as set forth in subsection (a) shall be waived by the Secretary of the Army upon a finding by the Administrator of the Environmental Protection Agency that for the area to which such construction applies, the State or States involved, interstate agency, municipality, and other appropriate political subdivisions of the State and industrial concerns are participating in and in compliance with an approved plan for the general geographical area of the dredging activity for construction, modification, expansion, or rehabilitation of waste treatment facilities and the Administrator has found that applicable water quality standards are not being violated. SEC, 59. Notwithstanding any other provision of law, the States of ^rld^e'^"*'' ^°'^^' Illinois and Iowa, which are connected at Keokuk, Iowa, by the bridge " ^^' constructed by the Keokuk and Hamilton Bridge Company pursuant to Public Law 342 of the Sixty-third Congress and at Burlington, ^s Stat. 1220, Iowa, by the bridge constructed by the Citizens' Bridge Company, pursuant to Public Law 1 of the Sixty-fourth Congress are authorized ^^ ^*^*- ^• to contract individually or jointly with either or both of the cities of Keokuk, Iowa, and Burlington, Iowa, on or before June 1, 1974, to assume responsibility for the operation, maintenance, and repair of the bridges at Keokuk and Burlington and the approaches thereto and for lawful expenses incurred in connection therewith. When either or both States have entered into such an agreement any outstanding principal and interest indebtedness on account of a bridge shall be paid from reserve funds accumulated for that purpose and the balance of such funds, if any, shall be used to defray costs of operating and maintaining the bridge. After such an agreement is entered into with respect to a bridge that bridge shall thereafter be free of tolls. SEC. 60. The Secretary of the Army, acting through the Chief of ouyandot River Engineers, is authorized and directed to perform channel cleanout channe 1^01^^/31106. operations and snagging and clearing for selected streams where chronic and persistent flood conditions exist in the lower Guyandot River Basin, West Virginia, for the purpose of improving channel capacities, visual environment, and human well-being all in the interest of flood control. Such operations shall be performed as an interim measure pending completion of the R. D. Bailey Lake project at a total cost not to exceed $2,000,000. Appropriate non-Federal interests as determined by the Secretary of the Army, acting through the Chief of Engineers, shall, prior to initiation of remedial operations, agree in accordance with the provisions of section 221 of the Flood Control Act of 1970 that they will furnish the necessary lands, disposal areas, ease- ^^^ use 1962dments, and rights-of-way, and hold and save the United States free from damages due to the cleanout operations. SEC. 61. Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended— (1) by striking out "$25,000,000" and inserting in lieu thereof "$30,000,000". (2) by striking out "advisable:" and all that follows down through and including the period at the end of such section and insert in lieu thereof the following: "advisable. The amount allotted, for a project shall be sufficient to complete Federal participation in the project. Not more than $1,000,000 shall be allotted under this section for a project at any single locality, except that

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