Home > 105th Congressional Bills > H.R. 4060 (eh) Making appropriations for energy and water development for the fiscal year ending September 30, 1999, and for other purposes. ...

H.R. 4060 (eh) Making appropriations for energy and water development for the fiscal year ending September 30, 1999, and for other purposes. ...


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                  In the Senate of the United States,

                                                         June 23, 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
4060) entitled ``An Act making appropriations for energy and water 
development for the fiscal year ending September 30, 1999, and for 
other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1999, for energy and water development, and for other 
purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood control, beach erosion, and 
related purposes.

                         general investigations

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore 
protection, and related projects, restudy of authorized projects, 
miscellaneous investigations, and, when authorized by laws, surveys and 
detailed studies and plans and specifications of projects prior to 
construction, $165,390,000, to remain available until expended, of 
which funds are provided for the following projects in the amounts 
specified:
            Rehoboth and Dewey Beaches, Delaware, $150,000;
            Fort Pierce Shore Protection, Florida, $300,000;
            Lido Key Beach, Florida, $300,000;
            Paducah, Kentucky, $100,000; and
            Lake Pontchartrain Basin Comprehensive Study, Louisiana, 
        $500,000:
Provided, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $700,000 of the funds appropriated in 
Public Law 102-377 for the Red River Waterway, Shreveport, Louisiana, 
to Daingerfield, Texas, project for the feasibility phase of the Red 
River Navigation, Southwest Arkansas, study: Provided further, That the 
Secretary of the Army may make available $500,000 for the Atlanta 
Watershed, Atlanta, Georgia project.

                         construction, general

    For the prosecution of river and harbor, flood control, shore 
protection, and related projects authorized by laws; and detailed 
studies, and plans and specifications, of projects (including those for 
development with participation or under consideration for participation 
by States, local governments, or private groups) authorized or made 
eligible for selection by law (but such studies shall not constitute a 
commitment of the Government to construction), $1,248,068,000, to 
remain available until expended, of which such sums as are necessary 
for the Federal share of construction costs for facilities under the 
Dredge Material Disposal Facilities program shall be derived from the 
Harbor Maintenance Trust Fund, as authorized by Public Law 104-303; and 
of which such sums as are necessary pursuant to Public Law 99-662 shall 
be derived from the Inland Waterways Trust Fund, for one-half of the 
costs of construction and rehabilitation of inland waterways projects, 
including rehabilitation costs for the Lock and Dam 25, Mississippi 
River, Illinois and Missouri; Lock and Dam 14, Mississippi River, Iowa; 
Lock and Dam 24, Mississippi River, Illinois and Missouri; and Lock and 
Dam 3, Mississippi River, Minnesota, projects, and of which funds are 
provided for the following projects in the amounts specified:
            Norco Bluffs, California, $4,000,000;
            Panama City Beaches, Florida, $5,000,000;
            Indianapolis Central Waterfront, Indiana, $4,000,000;
            Harlan, Williamsburg, Pike County Middlesboro, Cumberland 
        City/Harland County, and Martin County, elements of the Levisa 
        and Tug Forks of the Big Sandy River and Upper Cumberland River 
        project in Kentucky, $28,500,000;
            Lake Pontchartrain and Vicinity (Hurricane Protection), 
        Louisiana, $10,000,000;
            Lake Pontchartrain (Jefferson Parish) Stormwater Discharge, 
        Louisiana, $6,000,000;
            Jackson County, Mississippi, $4,500,000;
            Pascagoula Harbor, Mississippi, $10,000,000;
            Wallisville Lake, Texas, $8,000,000;
            Virginia Beach, Virginia (Hurricane Protection), 
        $20,000,000;
            Upper Mingo County (including Mingo County Tributaries), 
        Lower Mingo County (Kermit), Wayne County, Hatfield Bottom, and 
        McDowell County, elements of the Levisa and Tug Forks of the 
        Big Sandy River and Upper Cumberland River project in West 
        Virginia, $12,300,000; and the Grundy, Virginia element of the 
        Levisa and Tug Forks of the Big Sandy River and Upper 
        Cumberland River project, $1,000,000:
Provided, That the navigation project for Cook Inlet Navigation, 
Alaska, authorized by Section 101(b)(2) of Public Law 104-303 is 
modified to authorize the Secretary of the Army, acting through the 
Chief of Engineers to construct the project at a total cost of 
$12,600,000 with an estimated first Federal cost of $9,450,000 and an 
estimated first non-Federal cost of $3,150,000: Provided further, That 
the Secretary of the Army, acting through the Chief of Engineers is 
directed to use $5,000,000 provided herein to construct bluff 
stabilization measures at authorized locations for the Natchez Bluff, 
Mississippi at a total estimated cost of $26,065,000 with an estimated 
first Federal cost of $19,549,000 and an estimated first non-Federal 
cost of $6,516,000 and to award continuing contracts, which are not to 
be considered fully funded: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to use funds 
previously appropriated for the LaFarge Lake, Kickapoo River, Wisconsin 
project to complete and transmit to the appropriate committees of 
Congress by January 15, 1999 a decision document on the advisability of 
undertaking activities authorized by Public Law 104-303: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, may use up to $8,000,000 of the funding appropriated herein 
to initiate construction of an emergency outlet from Devils Lake, North 
Dakota, to the Sheyenne River, and that this amount is designated by 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended (2 U.S.C. 901(b)(2)(D)(i)); except that funds shall not become 
available unless the Secretary of the Army determines that an emergency 
(as defined in section 102 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122)) exists with respect to 
the emergency need for the outlet and reports to Congress that the 
construction is technically sound, economically justified, and 
environmentally acceptable and in compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided 
further, That the economic justification for the emergency outlet shall 
be prepared in accordance with the principles and guidelines for 
economic evaluation as required by regulations and procedures of the 
Army Corps of Engineers for all flood control projects, and that the 
economic justification be fully described, including the analysis of 
the benefits and costs, in the project plan documents: Provided 
further, That the plans for the emergency outlet shall be reviewed and, 
to be effective, shall contain assurances provided by the Secretary of 
State, after consultation with the International Joint Commission, that 
the project will not violate the requirements or intent of the Treaty 
Between the United States and Great Britain Relating to Boundary Waters 
Between the United States and Canada, signed at Washington January 11, 
1909 (36 Stat. 2448; TS 548) (commonly known as the ``Boundary Waters 
Treaty of 1909''): Provided further, That the Secretary of the Army 
shall submit the final plans and other documents for the emergency 
outlet to Congress: Provided further, That no funds made available 
under this Act or any other Act for any fiscal year may be used by the 
Secretary of the Army to carry out the portion of the feasibility study 
of the Devils Lake Basin, North Dakota, authorized under the Energy and 
Water Development Appropriations Act, 1993 (Public Law 102-377), that 
addresses the needs of the area for stabilized lake levels through 
inlet controls, or to otherwise study any facility or carry out any 
activity that would permit the transfer of water from the Missouri 
River Basin into Devils Lake: Provided further, That the entire amount 
of $8,000,000 shall be available only to the extent an official budget 
request, that includes the designation of the entire amount of the 
request as an emergency requirement as defined by the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further, That the Secretary 
of the Army, acting through the Chief of Engineers is directed to use 
$500,000 of funds appropriated herein to continue construction of the 
Joseph G. Minish Passaic River waterfront park and historic area, New 
Jersey project: Provided further, That of amounts made available by 
this Act for project modifications for improvement of the environment 
under section 1135 of the Water Resources Development Act of 1986 (33 
U.S.C. 2309a), $500,000 may be made available for demonstration of 
sediment remediation technology under section 401 of the Water 
Resources Development Act of 1990 (33 U.S.C. 1268 note; 104 Stat. 
4644): Provided further, That the Secretary of the Army may make 
available $100,000 for the Belle Isle Shoreline Erosion Protection, 
Michigan project; $100,000 for the Riverfront Towers to Renaissance 
Center Shoreline Protection, Michigan project; and $200,000 for the 
Great Lakes Basin, Sea Lamprey Control, section 206, Michigan project.

 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee

    For expenses necessary for prosecuting work of flood control, and 
rescue work, repair, restoration, or maintenance of flood control 
projects threatened or destroyed by flood, as authorized by law (33 
U.S.C. 702a, 702g-1), $313,234,000, to remain available until expended.

                   operation and maintenance, general

    For expenses necessary for the preservation, operation, 
maintenance, and care of existing river and harbor, flood control, and 
related works, including such sums as may be necessary for the 
maintenance of harbor channels provided by a State, municipality or 
other public agency, outside of harbor lines, and serving essential 
needs of general commerce and navigation; surveys and charting of 
northern and northwestern lakes and connecting waters; clearing and 
straightening channels; and removal of obstructions to navigation, 
$1,667,572,000, to remain available until expended, of which $460,000 
may be made available for the Omaha District to pay pending takings 
claims for flooding of property adjacent to the Missouri River caused 
by actions taken by the Army Corps of Engineers, of which $2,540,000 
shall be available for the project on the Missouri River between Fort 
Peck Dam and Gavins Point in South Dakota and Montana, under section 
9(f) of the Act entitled ``An Act authorizing the construction of 
certain public works on rivers and harbors for flood control, and for 
other purposes'', approved December 22, 1944 (102 Stat. 4031), of which 
such sums as become available from the special account established by 
the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 
460l), may be derived from that Fund for construction, operation, and 
maintenance of outdoor recreation facilities, and of which funds are 
provided for the following projects in the amounts specified:
            Ponce DeLeon Inlet, Florida, $4,000,000;
            Delaware River, Philadelphia to the Sea, Pea Patch Island, 
        Delaware and New Jersey, $1,500,000; and
            Yuquina Bay and Harbor, North Marina Breakwater, Oregon, 
        $1,100,000:
Provided, That no funds, whether appropriated, contributed, or 
otherwise provided, shall be available to the United States Army Corps 
of Engineers for the purpose of acquiring land in Jasper County, South 
Carolina, in connection with the Savannah Harbor navigation project: 
Provided further, That notwithstanding section 103(c)(1) of Public Law 
99-662, the Secretary of the Army is directed to use up to $100,000 of 
the funds appropriated herein for the Bluestone Lake, West Virginia, 
project to reimburse the Tri-Cities Power Authority the total amount 
provided by the Authority to the Department of the Army after fiscal 
year 1997 for the reevaluation study for the project.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $106,000,000, to remain 
available until expended, of which $250,000 may be made available to 
support the National Contaminated Sediment Task Force established by 
section 502 of the Water Resources Development Act of 1992 (33 U.S.C. 
1271 note; Public Law 102-580).

            formerly utilized sites remedial action program

                     (including transfer of funds)

    For expenses necessary to clean up contaminated sites throughout 
the United States where work was performed as part of the Nation's 
early atomic energy program, $140,000,000, to remain available until 
expended: Provided, That the remedial actions by the U.S. Army Corps of 
Engineers under this program shall consist of the following functions 
and activities to be performed at eligible sites where remediation has 
not been completed: sampling and assessment of contaminated areas, 
characterization of site conditions, determination of the nature and 
extent of contamination, preparation of designation reports, cleanup 
and closeout of sites, and any other functions determined by the Chief 
of Engineers as necessary of remediation: Provided further, That 
remedial actions by the U.S. Army Corps of Engineers under this program 
shall be subject to the administrative, procedural, and regulatory 
provisions of the Comprehensive Environmental Response, Compensation 
and Liability Act, 42 U.S.C. 9601 et seq., and the National Oil and 
Hazardous Substances Pollution Contingency Plan, 40 C.F.R., Chapter 1, 
Part 300: Provided further, That, except as stated herein, these 
provisions do not alter, curtail or limit the authorities, function or 
responsibilities of other agencies under the Atomic Energy Act, 42 
U.S.C. 2011 et seq.: Provided further, That the unexpended balances of 
prior appropriations provided for these activities in this Act or any 
previous Energy and Water Development Appropriations Act may be 
transferred to and merged with this appropriation account, and 
thereafter, may be accounted for as one fund for the same time period 
as originally enacted.

                            general expenses

    For expenses necessary for general administration and related 
functions in the Office of the Chief of Engineers and offices of the 
Division Engineers; activities of the Coastal Engineering Research 
Board, the Humphreys Engineer Center Support Activity, the Water 
Resources Support Center, and the USACE Finance Center; and for costs 
of implementing the Secretary of the Army's plan to reduce the number 
of division offices as directed in title I, Public Law 104-206, 
$148,000,000, to remain available until expended: Provided, That no 
part of any other appropriation provided in title I of this Act shall 
be available to fund the activities of the Office of the Chief of 
Engineers or the executive direction and management activities of the 
division offices.

                             revolving fund

    Amounts in the Revolving Fund may be used to construct a 17,000 
square foot addition to the United States Army Corps of Engineers 
Alaska District main office building on Elemendorf Air Force Base. The 
Revolving Fund shall be reimbursed for such funding from appropriations 
of the benefitting programs by collection each year of user fees 
sufficient to repay the capitalized cost of the asset and to operate 
and maintain the asset. Using amounts available in the Revolving Fund, 
the Secretary of the Army is authorized to renovate office space in the 
General Accounting Office headquarters building in Washington, DC, for 

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