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S. 1005 (pcs) Making appropriations for the Department of Defense for the fiscal year ending September 30, 1998, and for other purposes. ...


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                                                       Calendar No. 107

105th CONGRESS

  1st Session

                                S. 1004

                          [Report No. 105-44]

_______________________________________________________________________

                                 A BILL

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 1998, and for other purposes.

_______________________________________________________________________

                             July 10, 1997

                 Read twice and placed on the calendar
                                                       Calendar No. 107
105th CONGRESS
  1st Session
                                S. 1004

                          [Report No. 105-44]

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 1998, and for other purposes.


Rule___________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 1997

   Mr. Domenici, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 1998, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 1998, 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, $164,065,000, to remain available until expended, of 
which funds are provided for the following projects in the amounts 
specified:
            Norco Bluffs, California, $200,000;
            Laulaulei, Hawaii, $200,000;
            Tahoe Basin Study, Nevada and California, $320,000; and
            Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, 
        $400,000.

                         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), $1,284,266,000, 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 Lock and Dam 3, 
Mississippi River, Minnesota, projects, and of which funds are provided 
for the following projects in the amounts specified:
            Arkansas River, Tucker Creek, Arkansas, $300,000;
            Red River Emergency Bank Protection, Arkansas, $3,500,000;
            Panama City Beaches, Florida, $5,000,000;
            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, $5,500,000;
            Middlesboro (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $7,200,000;
            Pike County (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $5,800,000;
            Town of Martin (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $700,000;
            Williamsburg (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $4,690,000;
            Lake Ponchartrain Stormwater Discharge, Louisiana, 
        $3,000,000;
            Natchez Bluff, Mississippi, $4,000,000;
            Jackson County, Mississippi (Water Supply), $3,000,000;
            Pearl River, Mississippi (Walkiah Bluff), $2,000,000;
            Wallisville Lake, Texas, $10,000,000;
            Virginia Beach, Virginia (Reimbursement), $925,000;
            Virginia Beach, Virginia (Hurricane Protection), 
        $15,000,000;
            Hatfield Bottom (Levisa and Tug Forks of the Big Sandy 
        River and Upper Cumberland River), West Virginia, $1,000,000;
            Lower Mingo (Kermit) (Levisa and Tug Forks of the Big Sandy 
        River and Upper Cumberland River), West Virginia, $6,300,000;
            Lower Mingo, West Virginia, Tributaries Supplement, 
        $150,000;
            Upper Mingo County (Levisa and Tug Forks of the Big Sandy 
        River and Upper Cumberland River), West Virginia, $3,000,000;
            Levisa Basin Flood Warning System (Levisa and Tug Forks of 
        the Big Sandy River and Upper Cumberland River), Kentucky, 
        $400,000;
            Tug Fork Basin Flood Warning System (Levisa and Tug Forks 
        of the Big Sandy River and Upper Cumberland River), West 
        Virginia, $400,000; and
            Wayne County (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), West Virginia, $1,200,000:
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 Tug Fork and Levisa Basins, West Virginia and Kentucky, within 
eighteen months of the date of enactment of this Act: Provided further, 
That the Secretary of the Army, acting through the Chief of Engineers, 
is directed to combine the Wilmington Harbor-Northeast Cape Fear River 
authorized by the Water Resource Development Act of 1986, section 
202(a), the Wilmington Harbor Channel Widening authorized by the Water 
Resources Development Act of 1986, section 101(a)(23), and the Cape 
Fear-Northeast (Cape Fear) River authorized by the Water Resource 
Development Act of 1996, section 101(a)(22), North Carolina projects 
into one project with one project cooperation agreement based on cost 
sharing as a single project and that with $2,430,000 of the funds 
appropriated herein, is directed to continue design and initiate 
construction of the combined project: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to use $15,000,000 of the funds appropriated herein to 
initiate construction of the Houston-Galveston Navigation Channels, 
Texas, project and execute a Project Cooperation Agreement for the 
entire project authorized in the Water Resources Development Act of 
1996, Public law 104-303.

 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), $289,000,000, to remain available until expended: 
Provided, 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, 
$1,661,203,000, 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:
            Beverly Shores, Indiana, $1,700,000:
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 the Secretary of the Army, acting through the 
Chief of Engineers, is authorized and directed to dredge a navigational 
channel in the Chena River at Fairbanks, Alaska from its confluence 
with the Tanana River upstream to the University Road Bridge that will 
allow the safe passage during normal water levels of vessels up to 350 
feet in length, 60 feet in width, and drafting up to 3 feet.

                           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.

                 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.

                            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, the Water Resources Support Center, 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 104-46, $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 the 
benefitting appropriations by collection each year of user fees 
sufficient to repay the capitalized cost of the asset and to operate 
and maintain the asset.

                        administrative provision

    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.

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

    Sec. 101. (a) In fiscal year 1998, the Secretary of the Army shall 
advertise for competitive bid at least 8,500,000 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.
    Sec. 102. In fiscal year 1998 and thereafter, the Secretary of the 
Army is authorized and directed to provide planning, design and 
construction assistance to non-Federal interests in carrying out water 
related environmental infrastructure and environmental resources 
development projects, including assistance for wastewater treatment and 
related facilities; water supply, storage, treatment and distribution 
facilities; and development, restoration or improvement of wetlands and 
other aquatic areas for the purpose of protection or development of 
surface water resources: Provided, That the non-Federal interest shall 
enter into a binding agreement with the Secretary wherein the non-
Federal interest will provide all lands, easements, rights-of-way, 
relocations, and dredge material disposal areas required for the 
project, and pay 50 per centum of the costs of required feasibility 
studies, 25 per centum of the costs of designing and constructing the 
project, and 100 per centum of the costs of operation, maintenance, 
repair, replacement or rehabilitation of the project: Provided further, 
That the value of lands, easements, rights-of-way, relocations and 
dredged material disposal areas provided by the non-Federal interest 
shall be credited toward the non-Federal share, not to exceed 25 per 
centum, of the costs of dredging and constructing the project: Provided 
further, That hereafter the Federal share of the costs of each of the 
individual projects undertaken shall not exceed $5,000,000: Provided 
further, That utilizing $10,000,000 of the funds appropriated herein, 

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