Water Resources Development Act of 1985

Water Resources Development Act of 1985 - Title I: Ports and Harbors Development and Cost Sharing - Sets the non-Federal share of maintenance and operation costs for port or harbor improvement projects after October 1, 1985, at 100 percent, except for projects with a depth of 14 feet or less (or of more than 14 feet but with an annual commercial tonnage of less than 1,000,000 tons), for which the non-Federal share shall be 70 percent. Directs the Secretary of the Army (the Secretary) to assign the operation and maintenance costs of common navigation improvements to each port and harbor which benefits from them.

Directs the Secretary to: (1) publish an annual listing in the Federal Register of all port or harbor improvement projects; and (2) notify the project sponsor for each port or harbor improvement project of the Federal and non-Federal share of anticipated operation and maintenance costs for such project.

Sets at 70 percent the non-Federal share of certain post-authorization costs of port or harbor improvement projects where the depths are 45 feet or less. Prescribes a formula to determine the non-Federal share of such costs for projects of depths of more than 45 feet.

Requires a project sponsor to enter into a written agreement with the Secretary to provide the non-Federal share of costs for port or harbor improvement projects before the initiation of any Federal operation or construction after October 1, 1985.

States that all amounts provided by project sponsors shall be deposited in the Treasury as part of the Rivers and Harbors Contributed Fund. Appropriates such funds to the Secretary without fiscal year limitation for port or harbor improvement projects.

Requires project sponsors to provide traditional local cooperation requirements regarding port or harbor improvement projects. Requires the costs of such requirements to be credited toward the non-Federal share of certain costs.

Authorizes any project sponsor to collect user fees from vessels using the improved port or harbor facilities in order to recover the non-Federal share of the costs incurred for such facilities. Requires such fees to be: (1) established after a public hearing has been held; and (2) collected in accordance with a fee schedule which has been approved by the Secretary. Exempts certain vessels from such fee requirement.

Establishes the Port and Harbor Improvement Task Force (composed of the Secretaries of the Treasury, the Interior, Commerce, Agriculture, Transportation, the Administrator of the Environmental Protection Agency, and certain non-Federal members) to make recommendations to the Secretary regarding port or harbor improvement projects.

Authorizes the Secretary to study the feasibility of port or harbor improvement projects if the Chief of Engineers determines, on the basis of a reconnaissance study, that the feasibility study will likely result in a justifiable project.

Requires the Secretary, before initiating a planned port or harbor improvement project, to submit to the Congress: (1) a final environmental impact statement if the Secretary determines it is required under certain laws; and (2) a statement of the Secretary's compliance with specified statutory requirements applicable to the planned improvement.

Confers original jurisdiction upon Federal district courts to hear claims alleging that planned port or harbor improvements violate either the Constitution or Federal or State laws.

Requires the Secretary to publish in the Federal Register the written notice of intent submitted by a non-Federal public body regarding its plans to construct a port or harbor improvement project.

Prescribes guidelines for a memorandum of agreement to be entered into by the Secretary and certain Federal and non-Federal agencies regarding the proposed construction.

Exempts specified waterways from the provisions of this title, including improvements administered by the Saint Lawrence Seaway Development Corporation.

Authorizes and adopts specified public improvement works to be prosecuted by the Secretary. Subjects the total Federal and non-Federal estimated costs to the cost-sharing provisions of this title.

Title II: Other Water Resources Cost-Sharing - Provides that the construction or implementation of Corps of Engineers (the Corps) water or related land resources projects which have been authorized before enactment of this Act shall be initiated only after non-Federal interests have entered into binding agreements with the Corps regarding payments and sharing of certain associated costs. Sets forth the non-Federal share (ranging from 35 to 100 percent) for specified kinds of projects. States that if the project sponsor fails to pay its required share of such costs, the Secretary shall: (1) terminate or suspend work (unless the project is determined to be necessary); and (2) adjust or terminate the rights and privileges of the project sponsor to project outputs.

States that the non-Federal share of implementation costs shall be paid in cash or in-kind during the construction phase. Provides that project expenditures by the non-Federal interest for certain natural disasters shall be consistent with its ability to pay at the time the expenditures are made.

Requires the non-Federal interest to contribute one-half of the cost of any feasibility studies for certain water resources studies prepared by the Secretary. Requires a reconnaissance analysis to be completed at full Federal expense prior to such feasibility study.

Title III: Project Authorizations - Authorizes the Secretary to prosecute specified waterways improvement projects for flood damage reduction and for fish and wildlife mitigation. Subjects such projects to the cost-sharing provisions of Title II of this Act.

Title IV: Project Provisions - Terminates the authorization for the Lake Brownwood Modification Project, Pecan Bayou, Texas.

Authorizes appropriations for the prosecution of the comprehensive development plan of specified river basins. Includes in such appropriation the sums necessary to complete local flood protection in the Columbia River Basin.

Authorizes the Secretary to: (1) to permit water delivery from the District of Columbia water system to any competent governmental entity in suburban Maryland requesting such delivery; and (2) purchase water from any competent governmental entity in Maryland or Virginia that has completed a connection with the District of Columbia water system at the time of purchase.

Authorizes the Secretary to relocate the boundaries of the City Waterway, Tacoma Harbor, Washington, in accordance with the provisions of a certain report.

Title V: General Provisions - States that if an entity proposes as project sponsor to provide the non-Federal share of a hydroelectric project or facility, the Secretary of the Army is authorized to enter into agreements with it and with the Secretary of Energy to deliver surplus electric power generated at such facility to the sponsor. Authorizes the Secretary of Energy to provide services and facilities in connection with the transmission of such hydroelectric power on a reimbursable basis and to provide equivalent electric power.

Authorizes the Secretary of the Army to develop hydroelectric generating facilities at any Department of the Army water resources development project if the Secretary determines it is not advisable for a non-Federal entity to develop such a facility under the Federal Power Act.

Authorizes the Secretary to develop hydroelectric power generating facilities on behalf of non-Federal interests at certain Department of the Army water resources development projects where hydropower is not authorized. Subjects such development to the provisions of the Federal Power Act.

Amends the Flood Control Act of 1979 to: (1) require that where the non-Federal interest is the State itself, the Secretary's agreement shall provide that the State shall be liable for damages to the United States resulting from its failure to provide funds as part of its requirements of local cooperation; and (2) repeal the requirement that the Secretary report annually to the Congress regarding the status of agreements concerning flood control projects.

Amends the Water Resources Development Act of 1974 to: (1) make technical and conforming changes; (2) deauthorize certain waterway improvement studies if no funds are obligated for such study within the five-year period preceding the determination; and (3) require the Secretary to report to the Congress any water resources project which is no longer in the public interest.

Abolishes the California Debris Commission and transfers its remaining functions to the Secretary.

Amends the River and Harbor Act of 1968 to condition the Secretary's authority to implement measures for the prevention or mitigation of shore damages attributable to Federal navigation works upon agreement by a non-Federal public body to operate and maintain such measures. Declares that the costs of implementing such measures shall be shared in the same proportion as the cost-sharing provisions applicable to the project causing the shore damage.

Amends the River and Harbor Act of 1899 to make the owner, lessee or operator of an abandoned sunken water-faring vessel jointly and severally liable for certain removal and disposal costs incurred by the United States.

Authorizes the Secretary to dispose of Federally-owned dredging vessels or equipment in various specified ways. Prohibits the disposal of such vessels for the purpose of engaging in dredging activities in the United States.

Authorizes the Chief of Engineers, under the supervision of the Secretary of the Army, to accept orders to provide services to a State or local government on a reimbursable basis. Sets conditions for such services.

Increases from $250,000 to $500,000 the maximum amount permitted for: (1) flood control expenditure by the Secretary of the Army for any single tributary for any one fiscal year; and (2) preventive damage control to specified public services and structures affected by flood possibilities.

Increases from $4,000,000 to $4,500,000 the maximum amount allotted for small projects for flood control at any single locality.

Increases from $2,000,000 to $3,500,000 the maximum amount allotted for small river and harbor improvement projects at any single locality.

Increases from $1,000,000 to $3,000,000 the maximum amount allotted for any single small shore and beach restoration and protection project which meets specified conditions.

Authorizes the Secretary, in time of declared war or national emergency, to: (1) terminate or defer work on any Department of the Army civil works project deemed not essential to the national defense; and (2) apply the resources of the civil works program to civil defense projects essential to the national defense. Requires the Secretary to immediately notify the appropriate congressional committees of such actions.

Increases from $100 to $50,000 the fine to which shipowners and their agents are liable if they do not furnish certain information required by the Secretary. Authorizes the Secretary to assess a civil penalty of up to $25,000 for failure to provide timely and accurate required statements.

Amends the Flood Control Act of 1968 to repeal the requirement that user fees be charged at public recreation areas located at lakes and reservoirs under the jurisdiction of the United States Army Corps of Engineers.