Pub.L. 104-207 Waiving certain enrollment requirements with respect to any bill or joint resolution of the One Hundred Fourth Congress making general or continuing appropriations for fiscal year 1997. <> %%Filename:...

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          ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 1997
Public Law 104-206
104th Congress

                                 An Act


 
 Making appropriations for energy and water development for the fiscal 
 year ending September 30, 1997, and for other purposes. <<NOTE: Sept. 
                       30, 1996 -  [H.R. 3816]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Energy and Water 
Development Appropriations Act, 1997.>>  That the following sums are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 1997, 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, $153,872,000, to remain available until expended, of which 
funds are provided for the following projects in the amounts specified:
            Norco Bluffs, California, $180,000;
            San Joaquin River Basin, Caliente Creek, California, 
        $150,000;
            Tampa Harbor, Alafia Channel, Florida, $100,000;
            Lake George, Hobart, Indiana, $100,000;
            Little Calumet River Basin, Cady Marsh Ditch, Indiana, 
        $200,000;
            Tahoe Basin Study, Nevada and California, $100,000;
            Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, 
        $300,000;
            Brigantine Inlet to Great Egg Harbor Inlet, New Jersey, 
        $360,000;
            Great Egg Harbor Inlet to Townsends Inlet, New Jersey, 
        $200,000;
            Manasquan Inlet to Barnegat Inlet, New Jersey, $250,000;
            Townsends Inlet to Cape May Inlet, New Jersey, $245,000;
            South Shore of Staten Island, New York, $200,000;
            Mussers Dam, Middle Creek, Snyder County, Pennsylvania, 
        $450,000;
            Rhode Island South Coast, Habitat Restoration and Storm 
        Damage Reduction, Rhode Island, $100,000;
            Monongahela River, West Virginia, $500,000;
            Monongahela River, Fairmont, West Virginia, 
        $100,000; and
            Tygart River Basin, Philippi, West Virginia, $100,000.

                          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), $1,081,942,000, to remain 
available until expended, 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, and Lock and Dam 24, Mississippi River, 
Illinois and Missouri, projects, and of which funds are provided for the 
following projects in the amounts specified:
            Red River Emergency Bank Protection, Arkansas, $3,000,000;
            San Timoteo Creek (Santa Ana River Mainstem), 
        California, $7,000,000;
            Indianapolis Central Waterfront, Indiana, $7,000,000;
            Indiana Shoreline Erosion, Indiana, $2,200,000;
            Harlan (Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River), Kentucky, $18,000,000;
            Martin County (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $350,000;
            Middlesboro (Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River), Kentucky, $2,500,000;
            Pike County (Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River), Kentucky, $2,000,000;
            Town of Martin (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $300,000;
            Williamsburg (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $4,050,000;
            Salyersville, Kentucky, $3,000,000;
            Lake Pontchartrain and Vicinity, Louisiana, $17,025,000;
            Lake Pontchartrain (Jefferson Parish) Stormwater Discharge, 
        Louisiana, $4,750,000;
            Red River below Denison Dam Levee and Bank Stabilization, 
        Louisiana, Arkansas, and Texas, $100,000;

            Red River Emergency Bank Protection, Louisiana, $3,400,000;
            Glen Foerd, Pennsylvania, $800,000;
            South Central Pennsylvania Environmental Restoration 
        Infrastructure and Resource Protection Development Pilot 
        Program, Pennsylvania, $7,000,000;
            Seekonk River, Rhode Island Bridge removal, $650,000;
            Wallisville Lake, Texas, $7,500,000;
            Richmond Filtration Plant, Virginia, $3,500,000;
            Virginia Beach, Virginia, $8,000,000;
            Hatfield Bottom (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), West Virginia, $1,300,000;
            Lower Mingo (Kermit) (Levisa and Tug Forks of the Big Sandy 
        River and Upper Cumberland River), West Virginia, $4,000,000;
            Lower Mingo, West Virginia, Tributaries Supplement, 
        $105,000; and
            Upper Mingo County (Levisa and Tug Forks of the Big Sandy 
        River and Upper Cumberland River), West Virginia, $3,500,000: 
        Provided, That of the funds provided for the Red River Waterway, 
        Mississippi River to Shreveport, Louisiana, project, $3,000,000 
        is provided, to remain available until expended, for design and 
        construction of a regional visitor center in the vicinity of 
        Shreveport, Louisiana at full Federal expense: Provided further, 
        That the Secretary of the Army, acting through the Chief of 
        Engineers, is directed to use $1,000,000 of the funds 
        appropriated in Public Law 104-46 for construction of the Ohio 
        River Flood Protection, Indiana, project: Provided further, That 
        the Secretary of the Army, acting through the Chief of 
        Engineers, is directed, in cooperation with State, county, and 
        city officials and in consultation with the Des Moines River 
        Greenbelt Advisory Committee, to provide highway and other signs 
        appropriate to direct the public to the bike trail which runs 
        from downtown Des Moines, Iowa, to the Big Creek Recreation area 
        at the Corps of Engineers Saylorville Lake project and the 
        wildlife refuge in Jasper and Marion Counties in Iowa authorized 
        in Public Law 101-302: Provided 
        further, <<NOTE: Iowa. Recreation and recreational 
        areas. Wildlife.>> That any law, regulation, documents or record 
        of the United States in which such projects are referred to 
        shall be held to refer to the bike trail as the Neal Smith Bike 
        Trail and to such centers as the Neal Smith Prairie Wildlife 
        Learning Center: Provided further, That the Secretary is 
        directed to initiate construction on the Joseph G. Minish 
        Historic Waterfront Park, New Jersey, project; furthermore, the 
        Secretary may transfer not to exceed $900,000 from General 
        Investigations appropriations made in title I of the Energy and 
        Water Development Appropriations Act, Public Law 103-126 (107 
        Stat. 1313) for the Passaic River, Mainstem, New Jersey, to 
        Construction, General for the Joseph G. Minish Historic 
        Waterfront Park, New Jersey, project and that the Committees on 
        Appropriations of the House and Senate shall be promptly advised 
        of such transfer: Provided further, That of the funds provided 
        herein, $1,000,000 shall be for payment to the Kansas City 
        Southern Industries, Inc., in partial reimbursement of costs 
        associated with the relocation and modification of the Louisiana 
        and Arkansas (L&A) Railway Bridge at Alexandria, Louisiana, for 
        navigation requirements of the Red River navigation project: 
        Provided further, That using $500,000 of the funds appropriated 
        for the Passaic River Mainstem, New Jersey, project under the 
        heading ``General Investigations'' in Public Law 103-126, the 
        Secretary of the Army, acting through the Chief of Engineers, is 
        directed to begin implementation of the Passaic River 
        Preservation of Natural Storage Areas separable element of the 
        Passaic River Flood Reduction Project, New Jersey: Provided 
        further, That the Secretary of the Army, acting through the 
        Chief of Engineers, is authorized and directed to initiate 
        construction on the following projects in the amounts specified:
            Humboldt Harbor, California, $2,500,000;
            San Lorenzo River, California, $200,000;
            Faulkner's Island, Connecticut, $1,500,000;
            Chicago Shoreline, Illinois, $8,000,000;
            Pond Creek, Jefferson City, Kentucky, $1,500,000;
            Natchez Bluff, Mississippi, $4,500,000;
            Wood River, Grand Isle, Nebraska, $1,000,000;
            New York City Watershed, New York, $1,000,000;
            Duck Creek, Cincinnati, Ohio, $466,000;
            Saw Mill Run, Pittsburgh, Pennsylvania, $500,000;
            West Virginia and Pennsylvania Flooding, West Virginia and 
        Pennsylvania, $1,000,000;
            Upper Jordan River, Utah, $500,000;
            San Juan Harbor, Puerto Rico, $800,000; and
            Allendale Dam, Rhode Island, $195,000: Provided further, 
        That no fully allocated funding policy shall apply to 
        construction of the projects listed above, and the Secretary of 
        the Army is directed to undertake these projects using 
        continuing contracts where sufficient funds to complete the 
        projects are not available from funds provided herein or in 
        prior years.

   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), $310,374,000, to remain available until expended: 
Provided, That the President of the Mississippi River Commission is 
directed henceforth to use the variable cost recovery rate set forth in 
OMB Circular A-126 for use of the Commission aircraft authorized by the 
Flood Control Act of 1946, Public Law 526: Provided further, That 
notwithstanding the funding limitations set forth in Public Law 104-6 
(109 Stat. 85), the Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to use additional funds 
appropriated herein or previously appropriated to complete remedial 
measures to prevent slope instability at Hickman Bluff, Kentucky.

                   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, $1,697,015,000, to remain available until 
expended, of which such sums as become available in the Harbor 
Maintenance Trust Fund, pursuant to Public Law 99-662, may be derived 
from that fund, and 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:
            Raystown Lake, Pennsylvania, $4,190,000; and
            Cooper Lake and Channels, Texas, $2,601,000:

Provided, That using $1,000,000 of the funds appropriated herein, the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to design and construct a landing at Guntersville, Alabama, as 
described in the Master Plan Report of the Nashville District titled 
``Guntersville Landing'' dated June, 1996: Provided further, That the 
Secretary of the Army is directed to design and implement at full 
Federal expense an early flood warning system for the Greenbrier and 
Cheat River Basins, West Virginia within eighteen months from the date 
of enactment of this Act: Provided further, That the Secretary of the 
Army is directed during fiscal year 1997 to maintain a minimum 
conservation pool level of 475.5 at Wister Lake in Oklahoma: Provided 
further, 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 the Secretary of the Army is directed to use 
$600,000 of funding provided herein to perform maintenance dredging of 
the Cocheco River navigation project, New Hampshire.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $101,000,000, to remain 
available until expended.

                  flood control and coastal emergencies

    For expenses necessary for emergency flood control, hurricane, and 
shore protection activities, as authorized by section 5 of the Flood 
Control Act approved August 18, 1941, as amended, $10,000,000, to remain 
available until expended: Provided, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use up to 
$8,000,000 of the funds appropriated herein and under this heading in 
Public Law 104-134 to rehabilitate non-Federal flood control levees 
along the Puyallup and Carbon Rivers in Pierce County, Washington.

                            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 Engineering 
Strategic Studies Center, and the Water Resources Support 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 104-46, 
$149,000,000, 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: <<NOTE: Plan.>> Provided further, That with funds provided 
herein and notwithstanding any other provision of law, the Secretary of 
the Army shall develop and submit to the Congress (including the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives) within 60 days of enactment of this Act, a plan which 
reduces the number of division offices within the United States Army 
Corps of Engineers to no less than 6 and no more than 8, with each 
division responsible for at least 4 district offices, but does not close 
or change any civil function of any district office: Provided further, 
That notwithstanding any other provision of law, the Secretary of the 
Army is directed to begin implementing the division office plan on April 
1, 1997: Provided further, That up to $1,500,000 may be transferred to 

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