Water Resources Development Act

(Measure laid on table in House (See H. Res. 1325))

Water Resource Development Act - Adopts and authorizes the following works of improvement for navigation, flood control, and other purposes, to be carried out by the Secretary of the Army through the Chief of the Corps of Engineers: (1) specified bridges of the Atlantic Intracostal Waterway Bridges, Virginia and North Carolina; (2) Kodiak Harbor, Alaska (navigation improvements); (3) Blair and Sitcum Waterways, Tacoma Harbor, Washington (project for navigation); (4) Agana River, Territory of Guam (flood control); (5) Chetco River, Oregon (construction of navigation improvements); (6) Root River Basin, Minnesota (flood control); (7) Panama City Beaches, Florida (beach erosion control and hurricane flood protection); (8) Des Moines River Basin, Iowa and Minnesota (flood control); (9) Cazenovia Creek, Buffalo, New York (flood control); (10) Little Wood River, Idaho (flood control); (11) Greenville Harbor, Mississippi (navigation); (12) Gulfport Harbor, Mississippi (navigation); (13) the project for extension of the navigation season on the Great Lakes and Saint Lawrence Seaway; (14) Robinson's Branch at Clark, Scotch Plains, and Rahway, New Jersey (flood control); (15) Rahway River and Van Winkles Brook, New Jersey (flood control); (16) Chehalis River, Washington (flood control); (17) Bushley Bayole area of Red River, Louisiana (flood control and other purposes after plan for mitigation of damages to fish and wildlife approved by Congress); (18) McNary Lock and Dam, Columbia River, Oregon and Washington (construction of second powerhouse); (19) Wears Creek, Missouri (flood protection); (20) Libby Regulating Dam, Kootenai River, Montana (installation of power generating facilities); (21) San Franciso Harbor, California (navigation); (22) Hocking River, Ohio (flood control); (23) Halstead, Kansas (flood protection); (24) Cabin Creek, West Virginia (erosion control and other purposes); (25) Parker Lake, Muddy Boggy Creek, Oklahoma (flood control); (26) Savannah Harbor (navigation); (27) Brazos Island Harbor, Texas (navigation); and (28) Oakland Outer Harbor, California (navigation).

Amends the Water Resources Development Act of 1976 to authorize the project for harbor modification at Cleveland Harbor, Ohio for construction. Describes the stages of construction.

Authorizes the Secretary, through the Chief of Engineers, to undertake the phase I design memorandum stage of advanced engineering and design of: (1) the project for navigation at Grays Harbor, Washington; (2) the project for beach erosion at Jekyll Island, Georgia; (3) the project for improvements on Red Bank and Fancher Creeks, California; (4) the project for flood control of the Namaroneck and Sheldrake River Basins, New York and Byram River, Connecticut; (5) the project of flood control in Harrisburg, Pennsylvania; (6) the project for navigation on the Sacramento River, California, from San Francisco Bay to the port of Sacramento; (7) the project for harbor improvement at Crescent City, Del Norte County, California; (8) the project for treatment facilities for Kaw Lake, Arkansas River, Oklahoma; (9) the project for treatment facilities for Tenkiller Ferry Lake, Arkansas River, Oklahoma; and (10) the project for water quality control in the Arkansas-Red River Basin, Texas, Oklahoma, and Kansas. Requires a finding by the Chief of Engineers that the project is without substantial controversy before advanced engineering and design may be undertaken.

Authorizes: (1) the construction of the three floodwater control structures on the Johns Creek Tributary and (2) a program of land treatment for erosion control in the Nonconnah Creek Basin, Tennessee and Mississippi.

Authorizes the Secretary, through the Chief of Engineers, to undertake the phase I design memorandum stage of advanced engineering and design of a project for water supply within the New York Metropolitan area. Authorizes the Secretary, through the Chief of Engineers, to begin construction of Stage I, New York City Water Tunnel No. 3. Authorizes $25,000,000 to be appropriated for the project. Provides for a non-Federal contribution of 25 percent of the costs, unless the EPA Administrator determines that the appropriate interests are participating in an approved plan for waste treatment facilities, and applicable water quality standards are not being violated. Stipulates that the Secretary shall enter into agreements with the appropriate interests providing for: (1) repayment of costs of construction; (2) lands necessary for the project; and (3) non-Federal operation and maintainance in return for title to the project.

Repeals the authorizations for (1) the Trexler Dam and Lake project, Lehigh County, Pennsylvania; (2) the Beargrass Creek Basin, Kentucky; and (3) a specified portion of the project for the Nansemond River, Virginia.

Authorizes the construction of a public water supply system as part of the project for the Caesar Creek, Ohio River Basin, Ohio.

Authorizes the Secretary of the Army, acting through the Chief of Engineers, to construct, as part of the project for flood protection on the Sacramento River, California, bank protection works along specified portions of the River.

Stipulates that, in the project for navigation improvements in Mobile Harbor, Theodore Ship Channel, Alabama, non-Federal interests shall contribute 25 percent of the costs of acquiring areas required for disposal of spoil and of necessary retaining dikes, bulkheads, embankments, and movement of materials therefor. Waives the requirement for such non-Federal contribution upon the determination by the Administrator of the Environmental Protection Agency (EPA) that, for the area to which such construction applies, the State of Alabama, units of local government, and industrial concerns are participating in an approved plan for the construction, modification, expansion, or rehabilitation of waste treatment facilities, and that applicable water quality standards are not being violated.

Authorizes and directs the Secretary, through the Chief of Engineers, to implement a nonstructural project for the purposes of flood damage reduction and recreation on the Tittabawassee River at Midland, Michigan. Provides for non-Federal participation in such project.

Modifies the project for the East Fork Lake, Ohio River Basin, Ohio, to authorize and direct the Secretary, through the Chief of Engineers, to construct a public water supply system in accordance with an existing plan.

Stipulates that, in the project for harbor improvements at Noyo, Mendocino, non-Federal interests shall contribute 25 percent of the costs of acquiring areas required for initial and subsequent disposal of spoil and of necessary retaining dikes, bulkheads, and embankments therefore. Waives the requirement for such non-Federal contribution upon the determination by the Administrator of the EPA that, for the area to which such construction applies, the State of California, units of local governments, and industrial concerns are participating in an approved plan for the construction, modification, expansion, or rehabilitation of waste treatment facilities, and that applicable water quality standards are not being violated. Stipulates that the Federal Government will bear the entire cost of standards are not being violated. Stipulates that the Federal Government will bear the entire cost of disposal should ocean disposal be used.

Modifies the navigation project for Lynnhaven Inlet Bay, and connecting waters, Virginia. Provides for the United States to pay for remedial work to Long Creek Canal instead of the city of Virginia Beach, Virginia.

Modifies the general comprehensive plan for flood control and other purposes in the Ohio River Basin. Authorizes the Secretary, through the Chief of Engineers, to repair two bridges in Massillon, Ohio. Provides for non-Federal ownership, operation and maintenance of the bridge.

Authorizes the Secretary, through the Chief of Engineers, to integrate the Fort Randall Dam-Lake Francis Case, South Dakota hydroelectric facility with the existing Missouri River Basin Federal Power System.

Allows non-Federal interests to furnish without cost an area satisfactory to the Secretary through the Chief of Engineers for the disposal of dredged material from the Stamford Harbor, Connecticut navigation project. Stipulates that the Secretary through the Chief of Engineers shall construct a dike to retain the dredged material with non-Federal interests contributing 25 percent of the costs of the dike.

Modifies the Galveston Channel, Texas, navigation project to require non-Federal interests to contribute 25 percent of the costs. Waives such requirement if the EPA Administrator finds that the appropriate interests are participating in an approved plan for waste treatment facilities and applicable water quality standards are not being violated.

Modifies the Houston Ship Channel (Greens Bayou), Texas, navigation project. Authorizes the Secretary, through the Chief of Engineers, to perform such dredging operations as are necessary.

Modifies the navigation project at Mamaroneck Harbor, New York. Provides for the Federal share of the additional costs of disposing dredged materials in ocean waters to be 80 percent.

Authorizes the Secretary, through the Chief of Engineers, to acquire lands, easements, rights-of-way, and to carry out relocations for the Wenatchee, Washington flood control project. Requires local interests to reimburse the United States for the total costs of such acquisitions and relocations.

Stipulates that non-Federal interests shall contribute 25 percent of the costs of areas required for the disposal of spoil from the Intracostal Waterway from Jacksonville to Miami, Florida.

Modifies the project for flood protection and other purposes for Sandridge Dam and Reservoir, Ellicott Creek, New York. Authorizes the Secretary, thourgh the Chief of Engineers, to construct a combination of channel enlargement work and diversion channels along Ellicott Creek mostly in the Town of Amherst.

Authorizes the Secretary, through the Chief of Engineers, to construct those features necessary for unimpaired hurricane flood protection for Jefferson Parish and Lake Pontchartrain, Louisiana, in pumping stations originally constructed by local interests. Provides for non-Federal cooperation for the additional work.

Modifies the flood control project in the St. Francis Basin, Mississippi River and tributaries. Provides for improvement of the 15 mile Bayou and tributaries and Eight Mile Creek, Paragould, Arkansas.

Stipulates that the Secretary, through the Chief of Engineers, is to raise the south jetty of the Yaquina Bay and Harbor project, Oregon. Requires local interests to provide the necessary lands easements, and rights-of-way for such modification.

Provides for the entire cost of the alteration of the Shepardstown Bridge to be borne by the United States for the Yazoo River, Mississippi, navigation project.

Modifies the flood control project for the Skagit River Basin, Washington. Authorizes the Secretary, through the Chief of Engineers, to: (1) construct such additional flood control measures as are deemed justified by the Chief of Engineers to extend flood protection to Sedro Woolley, Washington, and (2) incorporate recreation facilities in such project. Requires the same conditions of local cooperation.

Modifies the Willow Creek, Oregon, flood protection project as recommended by the report of the Chief of Engineers.

Allows the Secretary, through the Chief of Engineers, to reassign a portion of the storage space in the Chatfield Lake project, South Platte River Basin, Colorado, for joint flood control-conservation and other purposes.

Requires a non-Federal cash contribution of 4.4 percent of actual Federal construction costs plus 50 percent of any excess revenue from the non-Federal sale of coral dredge material from the Barbers Point Harbor project, Hawaii.

Deletes a requirement that local interests contribute in cash 2.6 percent of the estimated first cost of the general navigation facilities for the Honolulu Harbor improvement, Oahu, Hawaii.

Stipulates 25 percent of the costs of acquiring areas needed for disposal of spoil from the Brunswick Harbor project, Georgia, are to be paid by non-Federal interests.

Directs the Secretary, through the Chief of Engineers, to construct a two-mile extension of the harbor navigation channel in the Wando River to the State Port Authority's Wando River terminal as part of the Charleston Harbor, South Carolina, navigation project. Amends the Water Resources Development Act of 1976 to provide funds for such extension.

Provides for 100 percent financing by the United States for operating and maintaining the sand bypassing facility as part of the navigation project for Santa Cruz Harbor, Santa Cruz, California. Authorizes the Secretary, through the Chief of Engineers, to: (1) construct an impermeable core within the existing jetties; and (2) do such maintenance dredging as is necessary.

Directs the Secretary, through the Chief of Engineers to provide drainage channels in conjunction with the pumping plant as part of the project for flood control in East St. Louis and vicinity, Illinois.

Sets forth the procedure which the Secretary, through the Chief of Engineers, is to use for the purpose of computing the economic justification for the project for Trinity River and tributaries, Texas.

Stipulates that the part of the project to divert Colorado River flows into Matagorda Bay, Texas, shall be constructed and maintained entirely at Federal expense.

Modifies the flood protection project at Winona, Minnesota, to provide that changes to two bridges made necessary by the project be done entirely at Federal expense.

Authorizes the Secretary, through the Chief of Engineers, to acquire at least 6,000 acreas of woodlands in the flood plain of the Obion Creek Basin, Kentucky.

Allows the Secretary, through the Chief of Engineers, to credit against the requirements for non-Federal interest certain costs paid by the city of New London, Connecticut, in the project for hurricane protection and flood control.

Directs the Secretary, through the Chief of Engineers, to construct works to prevent shoreline erosion damage at and near Buhne Point as part of the navigation project for Humboldt Harbor and Bay, California.

Authorizes the Secretary, through the Chief of Engineers, to replace, renovate, and upgrade existing Federal facilities of the water resources development project for Harlan County Lake, Nebraska.

Modifies the project for Burlington Dam and Reservoir on the Souris River, North Dakota, in accordance with the recommendations of the district engineer.

Modifies the flood control project on Corte Madera Creek, Marvin County, California.

Authorizes the Secretary, through the Chief of Engineers to: (1) construct the project from the vicinity of Lagunitas Road Bridge to Sir Francis Drake Boulevard in accordance with the plan on file with the district engineer; (2) construct such flood proofing measures as needed in the vicinity of the Lagunitas Road Bridge to insure proper functioning of the project; and (3) eliminate any channel modifications upstream of Sir Francis Drake Boulevard.

Relocates existing Nebraska Highway 12 through the relocated town of Niobrara, Nebraska.

Permits the Secretary, through the Chief of Engineers, to do such work as may be required to remove natural shoals as they occur on the Yazoo River in Mississippi, from Greenwood south.

Directs the Secretary of the Army, acting through the Chief of Engineers, to design and construct, at full Federal expense, such flood control measures as the Chief determines are necessary and advisable at or in the vicinity of Pikeville, Kentucky and Grundy, Virginia, on the Levisa Fork of the Big Sandy River; Pineville, Kentucky, on the Cumberland River; and Williamson and Matewan, West Virginia, on the Tug Fork of the Big Sandy River. Authorizes and directs the Secretary to undertake measures including but not limited to dredging, clearing, and snagging, in the main streams and tributaries of the Tug and Levisa Forks of the Big Sandy River, Virginia, West Virginia, and Kentucky; and the Cumberland River, upstream of Cumberland Falls, Kentucky.

Authorizes the Secretary, through the Chief of Engineers, to undertake the advanced engineering and design for a flood control project at Milton, Pennsylvania.

Declares the Port of Houston Authority Bridge over Greens Bayou to be a lawful bridge.

Relocates the water supply intake facility on the Missouri River at Springfield, South Dakota.

Directs the Secretary, through the Chief of Engineers, to take the necessary action to correct slope failures and erosion problems along the banks of the Coosa River to protect the Fort Toulouse National Historic Landmark and Taskigi Indian Mound in the county of Elmore, Alabama.

Requires the Secretary, through the Chief of Engineers, to include the costs and benefits of local improvements in the report on the enlargement of the Galveston Harbor and Channel, Texas, navigation project.

Directs the Secretary, through the Chief of Engineers, to carry out a project to improve water quality and for other purposes along the Martin Pena Canal between San Juan Bay and Pinones Lagoon, Puerto Rico.

Authorizes the Secretary, through the Chief of Engineers, to proceed with the plan for Trimble Wildlife Area replacement.

Requires the Secretary, through the Chief of Engineers, to take such emergency measures as needed to correct slope failures and erosion problems along the banks of the Black Warrior River to protect Mound State Monument near Moundville, Alabama.

Requires the Secretary, through the Chief of Engineers, to carry out a demonstration project to prevent and abate the deposit of sediment in Lake George and that part of Deep River upstream of such Lake through Lake Station, Indiana.

Directs the Secretary, through the Chief of Engineers, to construct such facilities as necessary to prevent bank erosion to protect Cox's Park, Jefferson County, Kentucky.

Authorizes the Secretary, through the Chief of Engineers, to provide a channel connecting Umbrella Creek, Georgia, with the Atlantic Intracostal Waterway alternate route by way of Dover Creek. Prohibits the United States share of costs for such construction from exceeding 50 percent. Requires non-Federal interests to provide a public wharf.

Declares certain portions of the Trent River in the city of New Bern, County of Craven, State of North Carolina, to be nonnagivable waters of the United States.

Authorizes the construction of a project for flood protection and other purposes for Saint Johns Bayou and the Madrid Floodway, Missouri.

Directs the Secretary through the Chief of Engineers, to amend the contract between the State of Illinois and the United States for use of storage space for water supply in Rend Lake on the Big Muddy River in Illinois to relieve the State of Illinois of the requirement to make annual payment until the storage is used for water supply purposes.

Authorizes the construction of the project for flood control and other purposes on the Zumbro River at Rochester, Minnesota.

Directs the Secretary, through the Chief of Engineers, to insure that the road crossing the Cottonwood Branch of Lewisville Lake, Texas, be at least 532 feet above main sea level. Replaces, if necessary, the bridge across Cane Creek, Logan County, Arkansas.

Authorizes the Secretary, through the Chief of Engineers, to undertake a demonstration project for the removal of silt and aquatic growth from Albert Lea Lake, Freeborn County, Minnesota, together with recommendations.

Authorizes the Corps of Engineers Museum Foundation to erect a memorial in honor of the Army Corps of Engineers in the vicinity of the District of Columbia, subject to the approval of the Secretary of Interior, the Commission of Fine Arts, the National Capital Planning Commission, and the Mayor of the District of Columbia. Prohibits the United States and the District of Columbia from incurring any expenses from this project.

Authorizes an additional appropriation for the Alabama-Coosa River Basin plan of development.

Transfers authority over the Trilby Wash Detention Basin (McMicken Dam) and outlet Channel, Maricopa County, Gila River Basin, Arizona, from the Secretary of the Air Force to the Secretary of the Army. Authorizes the Secretary of the Army, through the Chief of Engineers, to take the necessary remedial measures to assure structural integrity and flood control capacity of such Basin.

Authorizes the construction of a water distribution system for the Island of Saint Thomas, United States Virgin Islands.

Directs the Secretary, through the Chief of Engineers, to proceed expeditiously with the study and implementation of feasible flood control measures for Little Pigeon Creet, Indiana.

Modifies the lower Mississippi River project for flood control and improvement. Directs the Secretary, through the Chief of Engineers, to take necessary measures to insure the stability, dependability, and safety of the Old River Control Complex, Louisiana.

Requires the Secretary, through the Chief of Engineers, to: (1) inspect the Buckeye Lake Dam and Levee, Ohio and the Lake-in-the-Hills Dam, Illinois; (2) submit a report to Congress concerning the structural stability of the dams and levee; (3) furnish a copy to the appropriate State Departments of Natural Resources; and (4) recommend necessary measures to assure the safety of the dams, levee, and surrounding areas.

Directs the Secretary, through the Chief of Engineers, and in cooperation with others, to determine the extent of shoreline erosion damage in the United States causally related to the regulation of the Lake Superior water by the International Joint Commission United States and Canada. Requires a report to Congress with the result of the survey and recommendations for indemnifying shoreline property owners.

Authorizes a project for flood control and other purposes for Pottstown and vicinity Schuylkill River Basin, Pennsylvania.

Directs the Secretary of the Army, acting through the Chief of Engineers, to undertake a program of research to increase the capability of the Corps of Engineers to control river and harbor ice and to assist communities in breaking up such ice.

Declares that each resolution adopted by the Committee on Environment and Public Works of the Senate, or the Committee on Public Works and Transportation of the House of Representatives, or their predecessors, during the Eighty-ninth Congress or any earlier Congress for review of any flood control, river and harbor, or other water resource report shall not be in effect after the date of enactment of this section unless funds were expended for carrying out such resolution during the Ninetieth Congress or any subsequent Congress prior to the Ninety-sixth Congress.

Directs the Secretary and the Chief of Engineers to compile and print the laws of the United States relating to water resource development enacted between November 8, 1966, and January 1, 1979 for the use of the Department of the Army.

Specifies the procedure by which Congress shall approve or disapprove the promulgation or repromulgation of any rule or regulation relating to rivers and harbors, flood control, beach erosion and other water resource development projects under the Secretary of the Army. States that the Secretary shall transmit a copy of such rule or regulation to the Senate and the House of Representatives. Provides for such rule or regulation to become effective if, at the end of 60 calendar days of continuous session after promulgation, Congress has not disapproved the rule or regulation.

Directs the Secretary of Transportation to prepare and transmit to Congress a list of all bridges constructed, reconstructed, or removed over nagivable waters between January 1, 1948 and January 1, 1979.

Authorizes the Secretary, through the Chief of Engineers, to acquire real property as part of any water resource development project for park and recreation purposes.

Permits the Secretary, through the Chief of Engineers, to modify any water resources development project for mitigation of damages to fish and wildlife within certain limits. Requires the approval of the Committees on Environment and Public Works (Senate) and Public Works and Transportation (House) after receiving a report from the Secretary concerning such modification.

Authorizes the Secretary, through the Chief of Engineers, to preserve, restore, interpret, and maintain any properties entered into the National Register of Historic Places that are located on water resource development projects under the jurisdiction of the Department of the Army.

Allows the Secretary, through the Chief of Engineers, to compensate any owner or authorized user of any water well, spring, or artesian well damaged as a proximate cause of the construction of a major waterway. Requires such claim to be presented to an authorized agent of the Army Corps of Engineers within one year of the completion of the identifiable segment of the waterway project.

Amends the Water Resources Development Act of 1974 by increasing the amount authorized to be appropriated to control streambank erosion.

Amends the Water Resources Development Act of 1976 by extending the appropriation for flood protection at Grafton, North Dakota, through 1982.

Amends the Water Resources Development Act of 1976 to repeal the consent of Congress to the Washington Suburban Sanitary Commission to construct a water diversion structure.

Authorizes the use of the Water storage capacity of the Belton Reservoir on Leon River, Texas, for water supply as well as irrigation purposes.

Authorizes the replacement and expansion of the existing industrial canal lock, or the construction of an additional lock in the Mississippi River Gulf Outlet at Meraux, Louisiana.

Extends from 15 years to 50 years the period during which the Secretary shall be authorized, under the Water Resources Development Act of 1976, to provide periodic beach nourishment for a water resources development project.

Directs that the national shoreline erosion control development and demonstration program established by the Water Resources Development Act of 1974, be completed by the end of fiscal year 1982.

Extends from fiscal year 1979 through fiscal year 1984 the authorization of appropriations for projects established under the Water Resources Development Act of 1976 for the collection and removal of drift and debris from publicly maintained commercial boat harbors.

Extends through fiscal year 1982 the authorization of appropriations for the purpose of obtaining increased law enforcement services at projects established under the Water Resources Development Act of 1976.

Amends the Act authorizing the Secretary to inspect dams to authorize the Secretary to restore those dams found to be in a hazardous condition if the State agrees to: (1) repay the costs with interest within 50 years and (2) maintain the dam. Authorizes $15,000,000 annually through fiscal year 1981. Exempts dams located in States with approved dam safety programs from inspection. Authorizes the Secretary to provide assistance to any State that establishes a dam safety program.

Authorizes and directs the Secretary, acting through the Chief of Engineers, to cause surveys for flood control and allied purposes to be made at specified locations in Mississippi, Arkansas, Florida, Illinois, Alaska, and Wisconsin.

Directs the Secretary, through the Chief of Engineers to study (1) siltation problems on the Mississippi River; and (2) the feasibility of redeveloping the hydroelectric capacity of the Jackson Mills Dam and the Mines Falls Dam at Nashua, New Hampshire.

Authorizes and directs the Secretary, in cooperation with the governments of the Trust Territory of the Pacific Islands and the Commonwealth of the Northern Mariana Islands, to make studies for the purposes of providing plans for the development, utilization, and conservation of water and related land resources of such territory and Commonwealth.

Directs the Secretary, through the Chief of Engineers, to study: (1) the feasibility of measures to prevent and abate streambank erosion along the Tensaw River in order to protect Blakeley, Alabama; (2) the need for water storage in various projects in North East Texas; (3) the feasibility of navigation improvements to Buffalo Harbor, New York; and (4) the possibility of rehabilitating the hydroelectric potential at former industrial sites, millraces, and similar types of facilities already constructed. Requires reports on the result of such studies be given to Congress.