Pub.L. 104-47 To extend authorities under the Middle East Peace Facilitation Act of 1994 until <> Nov. 13, 1995 ...

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          ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 1996

[[Page 109 STAT. 402]]

Public Law 104-46
104th Congress

                                 An Act


 
 Making appropriations for energy and water development for the fiscal 
year ending September 30, 1996, and for other purposes. <<NOTE: Nov. 13, 
                         1995 -  [H.R. 1905]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Energy and Water 
Development Appropriations Act, 1996.>> assembled, That the following 
sums are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 1996, 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, $121,767,000, to remain available until expended, of which 
funds are provided for the following projects in the amounts specified:
            Norco Bluffs, California, $375,000;
            Ohio River Greenway, Indiana, $500,000;
            Kentucky Lock and Dam, Kentucky, $2,000,000;
            Mussers Dam, Middle Creek, Snyder County, Pennsylvania, 
        $300,000; and
            West Virginia Port Development, West Virginia, $300,000:

Provided, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to undertake a study of water supply and 
associated needs in the vicinity of Hazard, Kentucky, using $500,000 of 
the funds appropriated under this heading in Public Law 103-316 for 
Hazard, Kentucky.

[[Page 109 STAT. 403]]

                          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), $804,573,000, 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, Lock and Dam 24, Mississippi River, Illinois 
and Missouri, and GIWW-Brazos River Floodgates, Texas, projects, and of 
which funds are provided for the following projects in the amounts 
specified:
            Homer Spit, Alaska, repair and extend project, $3,800,000;
            McClellan-Kerr Arkansas River Navigation System, Arkansas, 
        $6,000,000: Provided, That $4,900,000 of such amount shall be 
        used for activities relating to Montgomery Point Lock and Dam, 
        Arkansas;
            Red River Emergency Bank Protection, Arkansas and Louisiana, 
        $6,600,000;
            Sacramento River Flood Control Project (Glenn-Colusa 
        Irrigation District), California, $300,000;
            San Timoteo Creek (Santa Ana River Mainstem), California, 
        $5,000,000;
            Indiana Shoreline Erosion, Indiana, $1,500,000;
            Arkansas City flood control project, Kansas, $700,000, 
        except that for the purposes of the project, section 902 of 
        Public Law 99-662 is waived;
            Winfield, Kansas, $670,000;
            Harlan (Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River), Kentucky, $12,000,000;
            Williamsburg (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $4,100,000;
            Middlesboro (Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River), Kentucky, $1,600,000;
            Salyersville, Kentucky, $500,000;
            Lake Pontchartrain and Vicinity (Hurricane Protection), 
        Louisiana, $13,348,000;
            Ouachita River Levees, Louisiana, $2,300,000;
            Red River below Denison Dam Levee and Bank Stabilization, 
        Louisiana, Arkansas, and Texas, $2,500,000;
            Roughans Point, Massachusetts, $710,000;
            Marshall, Minnesota, $850,000;
            Ste. Genevieve, Missouri, $1,000,000;
            Broad Top Region, Pennsylvania, $4,100,000;
            Glen Foerd, Pennsylvania, $200,000;
            South Central Pennsylvania Environmental Restoration, 
        Pennsylvania, $3,500,000;
            Wallisville Lake, Texas, $5,000,000;
            Virginia Beach Erosion Control and Hurricane Protection, 
        Virginia, $1,100,000;

[[Page 109 STAT. 404]]

            Hatfield Bottom (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), West Virginia, $200,000; and
            Upper Mingo (Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River), West Virginia, $2,000,000: Provided, 
        That the Secretary of the Army, acting through the Chief of 
        Engineers, shall transfer $1,120,000 of the Construction, 
        General funds appropriated in this Act to the Secretary of the 
        Interior and the Secretary of the Interior shall accept and 
        expend such funds for performing operation and maintenance 
        activities at the Columbia River Fishing Access Sites to be 
        constructed by the Department of the Army at Cascade Locks, 
        Oregon; Lone Pine, Oregon; Underwood, Washington; and the 
        Bonneville Treaty Fishing Access Site, Washington:

Provided further, That using funds appropriated in Public Law 103-316 
for the Sacramento River Flood Control Project (Deficiency Correction), 
California, project and funds appropriated herein for the Sacramento 
Urban Area Levee Reconstruction, California, project, the Secretary of 
the Army, acting through the Chief of Engineers, is directed to acquire 
all or part of the Little Holland Tract, with any and all appurtenant 
water rights, for wetland and fish and wildlife activities pursuant to 
the authority of section 906 of Public Law 99-662 and conditioned on a 
determination made by the Secretary, pursuant to section 906, that 
acquisition is in the Federal interest.

   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), $307,885,000, 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, $1,703,697,000, 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: Provided, That not to exceed $5,000,000 shall be available 
for obligation for national emergency preparedness programs: Provided 
further, That $5,926,000 of the funds appropriated herein are provided 
for the Raystown Lake, Pennsylvania, project: Provided further, That the 
Secretary of the Army is directed during

[[Page 109 STAT. 405]]

fiscal year 1996 to maintain a minimum conservation pool level of 475.5 
at Wister Lake in Oklahoma.

                           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.

                           oil spill research

    For expenses necessary to carry out the purposes of the Oil Spill 
Liability Trust Fund, pursuant to title VII of the Oil Pollution Act of 
1990, $850,000, to be derived from the Fund and to remain available 
until expended.

                            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, 
$151,500,000, to remain available until expended: Provided, That not to 
exceed $62,000,000 of the funds provided in this Act shall be available 
for general administration and related functions in the Office of the 
Chief of Engineers: Provided further, 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: 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 August 15, 1996, and such plan shall be implemented prior to October 
1, 1997.

                        administrative provisions

    Appropriations in this title shall be available for official 
reception and representation expenses (not to exceed $5,000); and during 
the current fiscal year the revolving fund, Corps of Engineers, shall be 
available for purchase (not to exceed 100 for replacement only) and hire 
of passenger motor vehicles.

[[Page 109 STAT. 406]]

                           GENERAL PROVISIONS

                        Corps of Engineers--Civil

    Sec. 101. <<NOTE: Contracts.>> (a) In fiscal year 1996, the 
Secretary of the Army shall advertise for competitive bid at least 
7,500,000 cubic yards of the hopper dredge volume accomplished with 
government owned dredges in fiscal year 1992.

    (b) Notwithstanding the provisions of this section, the Secretary is 
authorized to use the dredge fleet of the Corps of Engineers to 
undertake projects when industry does not perform as required by the 
contract specifications or when the bids are more than 25 percent in 
excess of what the Secretary determines to be a fair and reasonable 
estimated cost of a well equipped contractor doing the work or to 
respond to emergency requirements.
    (c) None of the funds appropriated herein or otherwise made 
available to the Army Corps of Engineers, including amounts contained in 
the Revolving Fund of the Army Corps of Engineers, may be used to study, 
design or undertake improvements or major repair of the Federal vessel, 
McFARLAND, except for normal maintenance and repair necessary to 
maintain the vessel McFARLAND's current operational condition.
    (d) If any of the four Corps of Engineers hopper dredges is removed 
from normal service for repair or rehabilitation and such repair 
prevents the dredge from accomplishing its volume of work regularly 
carried out in each of the past three years, the Secretary shall not 
significantly alter the operating schedules of the remaining Federal 
hopper dredges established in accordance with the requirements of 
subsection (a) above.
    Sec. 102. (a) Sand and Stone Cap in Navigation Project at Manistique 
Harbor, Michigan.--The project for navigation, Manistique Harbor, 
Schoolcraft County, Michigan, authorized by the first section of the Act 
entitled ``An Act making appropriations for the construction, repair, 
and preservation of certain public works on rivers and harbors, and for 
other purposes'', approved March 3, 1905 (33 Stat. 1136), is modified to 
permit installation of a sand and stone cap over sediments affected by 
polychlorinated biphenyls in accordance with an administrative order of 
the Environmental Protection Agency.
    (b) Project Depth.--The project described in subsection (a) is 
modified to provide for an authorized depth of 12.5 feet.
    (c) Navigation Channel (Modified).--The reauthorized project 
navigation channel shall be defined by the following coordinates: 2911N-
2239E, 3240N-2504E, 3964N-2874E, 4182N-2891E, 4469N-2808E, 4692N-2720E, 
4879N-2615E, 4952N-2778E, 4438N-2980E, 4227N-3097E, 3720N-3068E, 3076N-
2798E, 2996N-2706E, 2783N-2450E.
    (d) Harbor of Refuge.--The project described in subsection (a), 
including the breakwalls, pier and authorized depth of the project (as 
modified by subsection (b)), shall continue to be maintained as a harbor 
of refuge.
    Sec. 103. With the exception of the use of funds to process any 
required Department of the Army permits, none of the funds appropriated 
herein or otherwise available to the Army Corps of Engineers may be used 
to assist, guide, coordinate, administer, prepare for occupancy of, or 
acquire furnishings for or in preparation of a movement to the Southeast 
Federal Center.

[[Page 109 STAT. 407]]

    Sec. 104. The project for flood control for Petersburg, West 
Virginia, authorized by section 101(a)(26) of the Water Resources 

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