PL 93-251 120 Cong Rec H712-32 (daily ed Feb 13, 1974

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PL 93-251 120 Cong Rec H712-32 (daily ed Feb 13, 1974 Powered By Docstoc
					CONGRESSIONAL RECORD                                                                                             HOUSE
Proceedings and Debates of the 93d   Congress
LD-4 (R.y. Jon. 71) .
8
 "-'-   H.R. 10203                                                                OA.TE              JPASEJS)


                                                                                  February 13, 1974 lrr712-732
        Conference Report
* CTION (H. Kept. 93-79$


                                     CONFERENCE REPORT ON HJl.
                                      10203, AOTHOBIZINO CONSTRUC-
                                      TION. REPAIR, AND PRESERVA-
                                      TION 'OP     CERTAIN   PUBLIC
                                      WORKS      ON   RIVERS   AND
                                      HARBORS
                                        Mr. ROBERTS submitted the follow-
                                     ing conference report and statement on
                                     the bill (HJl. 10203) authorizing the. con-
                                     struction, repair. and preservation of
                                     certain public works on rivers and har-
                                     bors for navigation, flood control, and
                                     for other purposes:
                                      CONnacxcx Rxrorr (H. REFT. No. 93-796)
                                     • The committee of conference on the disa-
                                      greeing Votes of the two Houses on the
                                      amendment of 'the Senate to th« bill (HJL
                                      10203) authorizing ibe con»trucUon, repair,
                                      and preservation, of certain public works on
                                      rtvirs.'and harbors for navigation. flood con-
                                      trol. and- for other purpose*, baring met.
                                      after full- and Tree •conference, nave agreed
                                      to recommend and do recommend -to their
                                      respective House* as follows:
                                        That the Route recede from Its dlmjree-
                                      ment to tue, amendment- of the Senate and
                                      agree to the same with. an amendment ai
                                      follows: In lieu of the matter proposed to be
                                      Inserted by the Senate amendment Insert the
                                      following:
                                            TITLE I— WATER RESOURCES

                                       SEC. 1. (a) The Secretary of the Army.
                                     acting through the Chief of Engineers. 1<
                                     hereby authorized to undertake-the phase I
                                     design memorandum stage- of 'advanced1 en-
                                     gtneertng and design of the following multi-
                                     purpose water resources development -pro}1
                                     ecu, substantially In accordance with, and
                                     subject to. the "conditions recommended by
                                     the Chief of'Englneers In, the reports here-
                                     inafter designated.
                                             KIDOU; ATLANTIC COASTAL AMU
                                       The project for hurricane-flood protection
                                     at Virginia Beach; Virginia: -House Document
                                     Kumbered 92-965, at an estimated cost of,
                                     •851,000.
                                                   jAWES-mvr* BASIN
                                        The project for flood protection for the
                                      city of Biiena Vista on th» M»ury River, Vlr-
                                     iglrUa: House .Document Numbered 93-56, at
                                      ail estimated cont of S6W.OOO.
                                                    •SALT 1UVX* lASIK
                                        Tha project for Ctinp Ground Lak* on
                                      Beech Fork in the Salt River Basin, Ken-
                                      tucky, for Hood protection and other pur-
                                      pose* : House Document Numbered 82-374,
                                      at an estimated cost of $330,000.




                                                         146
 February 1-3, 10",                           CONGRESSIONAL RECORD— HOUSE                                                                            H713
             PASCACOULA KIVER BAS'K                                        RIVER UlSIJJ                              feature shall consist of plans ap-
     Tlie project for Hood protect jon-and oilier       The project for flood protwtjor. u<.£ other       proved by the Secretary of t»e Army, the
  purposes on Bowie Creek, Mississippi: House purposes at the Days Creek IX.ro South                      Secretary of the Interior, and the Governor
  Document Numbered 02-350. at an estimated U.Tpqua River. Oregon: Hoiue Document                         it! the State of Tennessee after conciliation
  cost of $390.000.                                 Numbered D2--371. tit «in estimated cos: or           with the Tennessee Game and-Fish Cominl.*-
                                                     MOO.OW.                                              slon prior to the conveyance by the Secretary
                       XL MYOl BASIN                                                                      of the ABny to the State of Tcnnerfec as
                                                        (bl The ScTetary of the Army i- :mtixir-
     The project for flood control and other Ized to undertake advanced engincensij; arid                 provided in subsection (di.
  purposes on the Pearl River. Mississippi: design for the projects in sublessor. iSi -u'                     'd) The Set'clary of the Army Is author-
  House Document Numbered. 02-282..iit xi es- this section after completion of the phase 1                 ized And directed to convey n-ithoui incr.e-
  timated cost of W 10.000.                         design memorandum stage ol -• uch projects.            lary coididcratton. to the State of Tcnnt~-<c
             BPPEK Misssssirn xivcx BASIN           Such advanced engineering ace Sf-icr. may             all right, title, and interest of the United
     Tlie project for flood control and other be undertaken only iipon a fcnd'ng by the                   Sta:t-5 in the lands and development--: ac-
  purposes on the Zumbro River at Rochester. Chief ol Engineers trnnsmlt'erf to the Com-                  quired under the authority of thb: .srct:on.
  Minnesota: Report of the Chief of Engineers mittees on Public Works of «« •^fi.f.'.t arid               Prior to such conveyance the State of Ten-
  dated June 7. 1973, In House Document Num- Hou^e of Representatives, that the project                    nessee or Its Appropriate dcilgnee shall n^rce
  bered 93-150. at an estimated cost o! is without rubstamlal coiu:i-v«*.y. that Jt                        in writing In accordance with the provt !r.n<:
                                                     Is tub;'tjn::a!ly In accordance «.:'h and sub-       of section 221 of the Flood Control Ac: of
  $150.000.                                                                                                1970. to operate, maintain, and manage the
                                                    ject :o the conditions recommended for such
             LOWER MISSISSIPPI KlVOi EAS1N
                                                    project 1:1 'his section, and that the ad-            agreed-upon mitigation lands and develop-
     The project for Greenville Harbor. Green- vanced ei-t ncering and dt Ijcn »ii! be com-               ments at no expense to the United States
  ville, Mississippi: Senate Document Num- pattble wi'h nny project modifications whscft                  In addition, the deed of conveyance :o the
  bered 93-38, at an estimated cost of (200.000. may be ur.der consideration. There n au-                 lands and developments shall provide tli.v.
     Tlie project for flood protection for the thorized to carry out this j-jL.-cci.-oj> riot to           they shall continue to be used for wild) •
  east bank of the Mississippi River, Warren exceed $5 000.000 No funds appropriated un-                  purposes In accordance with the plan: - :
  to Wilkinson Counties. Mississippi (Natchez der :hi.= subsection nmy be used for land                   subsection (b) and the title to such lands or
  area) : House Document Numbered 93-148, at ncrnit_-lilo:. or comme:iccmcnt of vonMruc-                  developments, which have been provided n:
  an estimated cost of *150.00O.                    tlon.                                                 Federal expense under the authority of :hi<;
     The project for flood control and other           Srr 3 S«-"lons 201 and 202 ai.d the last           r.ib&ectkm shall revert to the United States
  purposes on the east bank of the Mississippi three sentences In section 203 of the Flood                 If they cease to be used for such purposes.
  River. Warren to Wilkinson Counties. Missis- Control Act of 196* shall apply to all proj-                   ie) Nut less than 20 per centum of the
  sippi (Vlcksburg-Yazoo area). House Docu- ects authorized in this section The fullow                    funds appropriated each flseal year for :he
  ment Numbered 93-H9. at ah estimated cost ing work.- of Improvement for the benefit of                  construction of the West Tennessee tribu-
  of $150.000.                                      navigation and the control o: dc-ir-jcuve             taries feature- Mississippi River and tribu-
     The project for flood control and other pur- flood waters and other purposes are hereby               taries projecs. shall be expended to imple-
\ pose* for the Bushley Bayou area of the Red adopted and authorized to be prosrvined by                  ment the mitigation program authorized bv
  River backwater area. Louisiana: House Doc- the Sccreiarv cf the Army acting through                     this section, until the entire *moim: >•'.
  ument Numbered 93-157 at an estimated cost the Chief of Engineers. In accordance with                   funds authorized by this section has been
                                                    the plans and subject to the conditions rec-          expended.
  of $300.000.                                                                                                 (f) The sum of $0,600.000 Is hereby author-
                  PEE DEE RIVE* HAST"               ommended by the Chief of Engineers In the
                                                    respective reports hereinafter designated.             ized to be appropriated to carry out the pur-
     The project for flood control and other                                                               poses of this section, and such sum shall be
  purposes on Roaring River Reservoir. North                      DELAWARE XIVEK USIK                     in addition to funds previously authorized
  Carolina: In accordance with the recom-              Tlie project for local flood protection on         for the West Tennessee tributaries feati:re.
  mendations of the Secretary of the Army In Waba>h Creek. Borough of Tamaq;in. Penn-                         Sor 4. The project for beach erosion con-
  his report dated April 12, 1971. on the Devel- sylvania: In .accordance w:th the recommen-               trol on Edlr. Hook at Port Angeles. V.'.-xMi-
  opment of Water Resources in Appnlachla. dation; of the Secretary of the Army In his                    Ington. is authorized substantially in ac-
  at an estimated cost of 4400.000.                 report dated April 12, 1071. or. the Develop-         cordance with the recommendations cf the
                ALTAMAHA *n-rn HASI.V               ment nf Water Resources In Appnlarhia. at              Chief of Engineer* in House Document Num-
                                                    an estimated cost or 42,355.000.                       bered 93-101, »t an estimated cost of «.533.-
     The project for flood control and other
  purposes at C;IT Creek Reservoir. Georgia:                    CIIAKLCS KIVTII WATOSIITD                  000. The Secretary of the Army. ac;inc
  In accordance with the recommendations of             The project for flood control and other            through the Chief of Engineers Is nuint,ri;-'-(l
  the Secretery of th Army in his report purposes In the Charles River Watershed.                         to undertake. In connection with Mich proj-
  dated April 12. 1&71. on the Development MasMichWjetts: Report of the,Chief of Engi-                    ect, such emergency Interim measure;- 4«. nr.ny
  of Water Resources In Appalachta. at an neer;, dated December C, 1072. at an o t imated.                be necessary to prevent the breadline of Edj/
  estimated cost of 4400.000.                       coL-r of $7^40.000.                                   Hook prior to construction of the authon/rd
                                                              CPTER iiissi.ssim xixix BASIN               project.
                   COOSA KIVEP. BASIN'
                                                                                                              Src. 5. The project for flood control, wnrrr
     Tlie project for flood control and other          Tlie project for flood control and other           supply, and rolntcd purposes. In the Pcx.-v-
   purposes at t>alton Reservoir. Conasaug* purpose-.- of Prairie dii Chlen. Wjj-consin:                   tallco River BasInL West Virginia, fc, hercbv
  River. Georgia: In accordance with the rec- Report of ihe Chief of Engineers dated Feb-                 authorized suVkst.intiitlly In acconlanre m:h
  ommendations of the Secretary of the Army ruary n 1072 at an cstlmn:cd c« t of 41,840.-                      • recommendations contained In tlip ?.«-;.-
   in his Teport dated April 12. 1D71. on the 000.                                                             ico River Basin Joint study interim re-
     ivelopment of Wntcr Resources In Appa-            SEC 3 i a i The West Tenness<e tnbolaries          port prepared by the Corps of Engineer, ai.d
  lachln, nt an estimated cost of $4-10.000.        feature. Mississippi River arid trlbuUirics           the Soli Conservation Service, at an c ti-
                GUAPALPrC RIVER PAST?*              project (Oblon nnd Forked Deer Rivers).               iriated com or S3.5C8.900, with the funds to t,r
                                                    Tenne^ee. nuthorlzcd by the Plcod Control             appropriated for use by the Serrviarv t:•"
     Tlie project for flood control nnd other Acts approved June 30, 10-18. anil Noven.ber
  purposes on the ninnco River nt Clopton 7. 1060. xs amended and modilird. is hereby                     Agno.ltiire, contingent xipon pr--Je-.-t ap-
  Crossing, Texas: House Document Nnmbcrcd further amended to auihonrc the Sccrewry                       proval by the President.
  52-304. nt an estimated cost of $177.000.         of the Army. acMnR through the Chief of En-               SEC. C. Section 103 of the River .iritl H:.ri... >r
                 ARKANSAS                           >;lneer.i. MI acquire thirty-two thou.,-.ncl acres    Act of 1070 is amended to rend tis foll<.v. :
     The project for flood control and other of land for the mitigation of li'-h and wild-                    "Src. IO3 The con of operation ami main-
  purposes on the Arktin.<^is River and tribu- life roiource.^. recreation, nnd environmental             tenance of the- Kcneml navigation f'-.-.ii.n-.
  taries nbovc John M.irtln Dam. Colorado: purpose.- Such lands shall be ms<lc ;>vnllah:e                 of .--mftll boat harbor projects shall br ^l.r•.«•
  House Document Numbered 03 I-J3. at nn for public «;•*. consistent, with »,-«<! wildlife                by the United State,-; Tills section .-.liiill .if>j.!v
  Cotlmritcd cost of II. HO 000.                    m.in.i'Tcmcnt pnictlccs.                              to nny such project nutharizcd iAi imeit-r
                           mvrn DAMK                    (bi Diu- to tho urgency of romf.I»-tlr.n of       :-fCtlon 201 of the Flood Control Act of I-H,.-;.
                                                    The Wc,>t TeniiL.-.-«o Irlbiitnrir. fe.it n.-^ nnd     (B) under tectton 107 of the River :.n(l Har-
     The project for flood control and other the neee.--.--ny to prcscn-c wildlife hubitnt. the           bor Aft of 19CO. (C" bcfv.-cen Janunri- I. l"7o.
  pnrpfetts on Center Creek near Joplln. Mis- Sccwu-iry of the Army, actli.p through the                  nnd December 31. Ifi'D. under nuihr-nt^ .,;
  Kourl: House Document Numbered fi2-3Gl, Chief of Ennlncers, Is hereby mi'hon/ed to                      «hl.s Act. nnd to pr.ijocts heretofore tiiiihi.r-
  at ,'m estimated c.y;t of $1£0.000.               enter immedtntoljr Into lea-eho!d iirrt-t-mrnt.-;,    l^ed in accordance vith tho policj- • e-r fi.i n
                 COI.UM.1IA BJVra TAMW              accopt donntlon... acquire by di«vt ptirch.vp.        in the preceding t-<>.,<-nr-c and to -,ui h f.j-..;-
     The project for ln.<.(,illr.tion of power gon- nnd to :.i..tuute eminent tiorn.iiii pn.-c«l-         ect-. nnlhorlred In thl.% Acf or «hli-h tiri I,. !• .
  (•rulliitf facilities at the Llbby Rerepulntlnc InR.; to m;.uro the pre-'ervntlon of the- ixrt-,.       ,-ifier Ji»"horl7eti."
  Dam, Kootcnnl River. Montann: Senate K,try lands in their natural *lMr nrid ?«. rnr-                        Srr, 7 CO Section Iliii.ii of Thr Rr • r.iii..!
  Document Numbered M 2!'. nt an r'llmated ther the objective,-, of thte r*otii.i»                        Ilurlior Act of If>70 (public I.w f i l - r . I l i ,-
  COM of 475.000.                                       (01 Fin.tl dnTati^ and de-.irnr. c.j ir.i null-                by In. c-rTInc before the pcn^l -lit


                                                                        147
H71-1                                            CONGRESSIONAL RECORD—HOUSE                                                      Fc'bntanj 13, 1S74
  t. llowlag; ". sr.<l thereafter to maintain such        least cncv each year thereafter, the Sx-avtary           "|e> For water redourcts projects to bo
  channel frer of such trees. roots. debris, and          of the Array, acting through the- Chief of            constructi-d In the future, whea the taking
  objects".                                              Engineers, shall review and submit to Cx>n-            by the Federal Government of an existing
      (b) Section HC(c> of the Elver one! Har-           Ere&i a list of those authorize'.! projects for         public r«iad ae>:c-;-ltat<:s replacement, the
  bor Act of 1070 (Public Law 91 -Gil) Is                 wor'fis of Improvement of rivers and harbors          substitute provided will, ns nearly as prac-
  amended by Inserting before the period the             and other wcvtervrays for navigation, beach            ticable, servo In the S!>mo manner and rea-
  Jc-llowlnp: "to clear the channel, and not to           erosion, flovd control, and o'her purpc-scs           sonably as vrell as the existing road. The
  r.\c*od-51£3.0CO cicil fiscal JWT thereafter to        •Blilth have been authorized ''or a pirjod of          head of the a?eacy concerned Is authorized
  maintain such channel".                                at least tight years -vrtthot' any Cvuprtr—            Va construct such. rub^tltut« roads to the de-
      (c) Section HG(b) of the Elver and Har-            floncJ appropriations within the last elght            sljn standards which the State or owning
  bor Act of 1970 (Public Law 91-011) Is                  years und which he dctermU.es, after appro-           political division would use la constructing
  amcadct! by adding at the end thereof the               priate review, should no longer be authorised.        a new road under similar conditions of
  following: "ICon-Fcderal Interests shall pay            Erich project so listed shall be accompanied          geography and under similar traffic loads
  25 per centum of the cos', of rniliv-itnlng the         by the recommendation of the Chief of Engi-            (present and projected). In any caso where
  channel free of trees, rcots. debris, and               neers together with his reasons for such rx-c-        a State- or political subdivision thereof re-
  tftjects."                                              ommcndat!on. Prior to the submission of                quests that such a substitute road be con-
      SEC. 8. The Sccrctorr of the Army, acting          sveh list to the Congress, the Secretary of            structed to a higher standard than that pro-
  through the Chief of Engineers. Is authorized           C.e Army, acting through the Chief of Engi-           vided for In the preceding provisions of this
  to operate and, maintain the San Francisco             neers, shall obtain the views of interested            subsection, and pays, prior to commence-
  Bay-Delta Mode] In Sau53llto. California, for           Federal departments, agencies, and instru-            ment of such construction, the Additional
  the purpose of testlnc proposals affecting the          mentalities, and o! the Governor of each              costs Involved, due to such nlgher standard,
  environmental quality ol the region. Includ-           State wherein such project would be located,           such agency head Is authorized to construct
 ing. but not limited to, salinity intrusion,             which views shall be furnished within sixty           such road to such higher standard Federal
 dispersion of pollutant?, writer quality. Im-           days after being requested by the Secretary            costs -under the provisions of this subsection
 provements for navigation, dredging, bay fill,          and which shall accompany the list submit-             sh»ll be part of the nonreimbursable project
 physical structures, and other shoreline                 ted to Congress. Prior to the submission of           ccsts.-
 changes which, might aCcct the regiment of              such list to Congress the Secretary of the                Stc. 14. The project for the SandrMge Dam
 the bay-delta tcatcrs.                                  Army, acting through this Chief or Engineers,         and Reservoir. Bllcott Creek. Kcw 1 irk. for
     SEC. 9. The requirement In any water re-            shall notify each Senator in whoso State,              flood protection and other purposes as au-
 sources development project under the                   and each Member of the House of Repre-                 thorized by the Flood Control Act of 1070. is
 Jurisdiction of the Secretary ol the Army,              sentatives In whose district. & project (in-           hereby modified to authorize the Secretary ol
 that non-Federal Interests hold and s&ve the            cluding any part thereof) cm such list would           lh« Army, acting througr* the Chief of Engi-
 United States free from damages due to the              b« located.                                            neers, to undertake remedial flood control
 construction, operation, and maintenance                    (b) Such list shall be delivered to both           measures to alleviate flooding In the reach
 of the project, docs not include damages due            Houses on the same day and to each House               between Stahl Road and Niagara Falls Boule-
 to the fault or negligence of the United                •while it Is In session. A. project on such list      vard that arc compatible with tho diversion
 States or Its contractors.                              shall not be authorized »t the end of the             channel plan contained In the report of the
     SEC. 10. The McCWlnn-Kc-rr Arkansas                  first period of one hundred and eighty                district engineer. United SUtes Army Engi-
 River navigation system, authorised by the              calendar days of continuous session of Con-            neer District, Buffalo, dated August 1973.
 Act entitled "An Act authorizing the «on-               gress after the date such list Is delivered to        such work to be subject to the items of locnl
 structlon of certain public works on rivers             it unless between the date of delivery and the        cooperation required for similar projects and
 and harbors for flood control, and for other            end of such one- hundred and eighty-day               such work to be limited to areas downstream
 purposes", approved June 28. 1038 (52 Stat.              •period, either the Committee on Public              from Swccthomo Road in the town of Am-
 1215). ns amended and supplemented. Is                  Works of the House of Representatives or the           herst: New York, and such other areas its the
 hereby further modified to .nclude altera-              Con>ir.lUce on Public Works of the Senate              Secretory may deem necessary. The work *u-
 tion at Federal expense of the municipal                adupls a resolution stating that such project          thorlzed by this section shall be, comp*tlble
 water supply facilities ol the city of Conwsy.          &nail continue to be an authorized project.           with the authorized project and any alter-
 Arkansas, by the construction of water sup-             For the purposes of this section continuity            natives currently under study pursuant to
 ply Impoundment facilities at a location out-           of sc-v-lon Is broken only by an adjournment          the Flood Control Act of 1970.
 ride tht flat flood plain of Cadron Creek,              of Congress sine die, and the days on which               Stc. 15. The project for navlgaHon at Lit-
 together with interconnecting pipeline and              cither Hi»use Is not In session because of an         tle River Inlet, South Carolina, Authorized
 other appurtenant work, so that the wnter               adjournment of more than three days to a              under provisions of section 201 of the Flood
 supply capacity of the resultant municipal              day cerium arc. cr.cluded In the computation          Control Act of October 27, IOCS (Public Law
 facilities is approximate)? equivalent to that          of the one hundred and eighty-day period              89-208). is hereby modified to authorize and
 existing prior to construe t:un of the naviga-          The proi isions of this section shall not apply       direct the Secretory of the Army, acting
 tion system.                                            to any project contained In a list of projects        through the Chief of Engineers, to perform
    SEC, 11. <a) The Secretary of the Army Is           submitted to the Congress within one hun-              such emergency dredging operations as the
 hereby authorized and directed to cause                                                                       Chief of Engineers determines necessary to
                                                         dred and eighty days preceding the date of            maintain channel depths sufficient to per-
 surveys to be made at the following location!           adjournment sine die of any session of
 for flood control and allied purposes, and                                                                    mit free and .sate movement of vessels itntll
                                                         Congress.                                             such time as the authorized project is con-
subject to all applicable provisions of sec-                (c) Nothing In this section shall be con-
 tion 217 of the Flood Control Act of 1D70                                                                     structed.
                                                        strued so as to preclude the Secretary from                SEC. 1C. (a) The comprehensive plnn f
 (Public Law 91-611) :                                  withdrawing any project or projects from
    San Luis Oblspo County, California.                                                                        flood control and other purposes In the White"
                                                        such list at any time prior to the final day of        River Basin, us authorized by the Act of
    Buffalo River Basin, New York (wnMe-                 the period provided for In subsection (b).
wntcr management study),                                                                                       June 28, 1938 (52 Stat. 1215). and as modi-
                                                            Id) This section shall not be applicable to        fied and amende:! by subsequent Acts, Is
     Palo Blanco Creefc. aiid Climlo Creek, nt and      nny project which has been Included In A
In the vicimty of Palf urrtas. Texas.                                                                          lurlner modified to provide for a free high-
                                                        resolution adopted pursuant to subjection              way bridge, built to modern standards over
     (b) The Secretary ol the Army Is hereby             (b).
authorized and directed to cause surveys to                                                                    tho Norfork Reservoir at ah appropriate lo-
be made at the following lucatlons nncl                     (c\ The Secretary of tlie Army, nctlng             cation in the area who^o TJr'tcd states
subject to all applicable provisions of sec-             turouch the Chief vt Engineers, slull. on re-         Highway C2 nnd Arkansas Stjue Highway
tion 110 of the Rifer tn.d Harbor Act ol                quest by rc&Mutu-n of the Committee on                 101 were Inundated as a result of tho con-
 1950:                                                  Public Wori-.s of the Senate or the Con.mit-           stnictit.n of tho NorforV. D;>m and Reservoir.
    Miami ftuer, Florida, »n,h a. view to deter-        wc on Public Works of the House of Repre-              Such brldce- rhall be constructed by the
mining tne Icaiibil.lv ;md advUAblllly of               sentatives, review authorized projects for In-         Chief of Engineers In aecojJanco -with such
dreUsims: the mer In Uie iau-rvsi of writer             clusion in the list of projects provided for           plans a- aro determined to bo satisfactory
quality.                                                In ;ub.:ect!"n tai of this section. If any proj-       by thr Secretary of itit- Army to provide ad-
    Port I.M Mnivas, Puerto Rico, Mth ft view           ect ro reviewed is not IncUid'sl in any of             equate cro-. ,m? facilltlf~. Prior to conrtnic-
to determining tho li^.iblilty rvt.U adMs-              the first timv H;-.t,« rubmitted to the Cone-rets      tion tho Secretary of the Army, acting
nblllty of H. sumption of ai.iaiitnt>Me i-: tho         fitter the date- <>f the resolution aireetin'-; the    ihruu.'h the Cl.lof of Engineer:, r-hill enter
project by the United State;-.                          retli.-w ii{ tl.* prou-:t r\ report on the TP-.to*'    Into an j"'recm*iit with appropriate nf-n-
    S.Jnr Marys Rlc^r M. and In the vicinity            to'other xrlth the r«..ison> for not iwom-             Fcdrriil In'crirM.s rt'. drtcrr*,Uu-<l by him.
'•f, fault i\n»ie M:>ri*. Ml-Iii^an. with a vlow                                                              tihieh r.hnll prwldc that ,»ftor crov-truction
T.I determining the ivlvi.',ir>jlit.v of rlrvi>:-..p-   W the Corr-mittfe., on Publie Work,: of The           mch nnn-Fidoral lnlere<-.t£ shull own, on-
trtf. n dtvp dr.iil TM\ l^a'un n^rbor and IMer-         S"n.i'<» and llou^e of Reprrr^ntJitlver. no',         cr.ite. and nwlntiln sueh brtdKt-': a»(l ap-
                                                        later than tht- d itp of the third list ^ib-          proach f.iDUtle? frco U> tllp publlr
                                                        TiilM.~<l to Cfm. ro.-s nfter the elatr of iu<"h          (b) Tlje ro'.t of c.-«n -tnictln^ Mich hrldco
   F-u.c TA'»> TZIvers li'.t? eon Tov.tr, Mmno-                                                               .'.htill 1» b--irrii? by the Unl'nl Sf..'it<*-: except
ij-.m, ntid Vermilion l-ibv.                              i'rr. iJVSivti.-.nSiViKM of the Fl<j..d Control     that i IIP R! if of Art MI.-*', rhall. upon cc.m-
   Src. 12. (a) Ar, !Min :>r prae-HfrMt? tiftcr         Aet of WM Itt Vf.C. 70Jr-I(i;» Is                     plMl^n r,f mu-li brW-'i". rr-.'mbnr-c- the United
the d.ite of enactment of tht. section nntl at          nmrndecl to rend rn follow;'.;                        Stair:; the mm of fi.3-j2.fiOO plui ;ntcrrr.t.
February 1J, 19T>t                             CONGRESSIONAL RECORD —HOUSE                                                                               H 715
 compounded annually, for tlie period from              Control AH of 1958 and modified by section             Jng existing roods to the extent fe.vJblr
 May 33.1943, to tlie dnlc of enactment of this         207 of the Flood Control Act oi 1905. Is here-         There Is authorized to be appropriated riot
 Act Such Interest shall be computed a' rates           by further modified to authorize the Secre-            to exceed 13.000.000 to carry out this section.
 determined by the Secretary of the Treasury            tary of the Array, acting through the Chief                SEC. 2D. The Act entitled "An Act author-
 to be equal to the average annual rates pay-           of Engineer,, to reimburse the city of Mnn-            izing the city of Rock Island. Illliiol?. or Its
 able on all Interest-bearing obligations of            kato for locnl costs Incurred In relocating            assigns, to construct, maintain, and operate
 Hie United States forming u part of the                that portion of the filing M.initato Inter-            a toll bridge across the Mississippi River at
 public debt for each year during this period,          ceptor sc:vcr extending approximately one              or near Rock Island. Illinois, und to place a:
 ana adjusted to tlic nearest one-eighth of 1           thousand six hundred feet upstream and                 or near the city of Davtnpors. Iowa~.
 per centum.                                            one thousand, -five.hur.drcd feet-downstream           approved March 18. 1038 (52 Stnt. 110). I;
      SEC IT TSe.projccts-iOr Mclvcrn LaKc nnd          of the Warren Creek Pumping Station, pro-              amended—
 Pomona Lake. Kinsas. authorized as units               vided the relocated Interceptor sewer Is de-                (1) by inserting after "to reconstruct, en-
 of the comprehensive plan for flood control            signed and constructed in a manner which               large, and extend the approaches" In >-ub-
 and other purposes. Missouri Rlrer Basin,              the Secretary of the Army determines is iully          sectlon (b) of the flrst section the following,
 by the Flood Control Act approved Septem-              adequate to serve the project purpose.                 -(including the eastern approach In Rock
 ber 3, 1051. are Hereby n.xlified to author-               SEC. 22 (a i Secretory of the Army, acting         Islnnd, Illinois".
 l-c the Secretary of the Am./, acting through          through the Chief of Engineers, is authorized               (2) by inserting after "approaches" "»
 the- Chief of Engineers, to Improve surface            to cooperate with any State iu the prepara-            subsection (c) of tho first section the fol-
 roads In tho vicinity of such projects which           tion of comprehensive plans for the develop-           lowing: "lottiir than the eastern nppra.i<.h
 he determines to be necessary for appropri-            ment, utilization, and conservation of the             in Rock Island. Illinois)". and
 ate -utilization of such projects. The Fed-            water and related resources of drainage ba-                 (3) by Inserting at the end of subjection
 eral share of the work performed under this            sins located within the boundaries of such              Ic) of the first section the following- "The
 section shall not exceed 70 per centum of the          State and to submit to Congress reports and            reconstruction, enlargement, and extension
 costs of such work. There It authorized to be          recommendations with respect to appropriate            of the eastern approach In Rock Island. Il-
 appropriated to the Secretary not. to exceed           Federal participation in carrying o-.iv such           linois, to sucu bridge pursuant to subsection
 I50O.OOO to carry out this section.                    plans.                                                  (b) of this section shall be commenced not
      Sec. It. The project for Tuttle Creek Res-            (b| There is authorized to be appropriated         later than December 1, IS74. and shall be
 ervoir, Big Blue River, Kansas, authorized             not to exceed J2.000.000 annually to carry             completed before December 1, 1977.".
 as a unit of the comprehensive plan for flood          out tlic provisions of this section except that            Sec. 30. The project for enlargement of
 control and other purposes. Missouri River             not more than 4200,000 shall be expended               Lavon Reservoir on the East Fork of the
 Basin, by the Flood Control Act approved               in any one year In nny one State.                      Trinity River. Texas, authorized by the Flood
 June 28. 1038. as modified. Is hereby further              SEC-. 23. Section 133 of the River and Har-        Control Act of 1962. Is hereby modified to
 modified to authorize the Secretary of the             bor Act of 1970 (84 SUt. I81E. 1823) Is here-          authorize the Secretary of the Army, actin?
 Army, acting through the Chief of Engineers,           by amended by adding at the end of sub-                through the Chief of Engineers, to" provide
 In Ills discretion to Improve that portion             section (d) of such section the following:             * crossing and approaches at TIckcy Creek
tot FAS 1208.extending from the intersection            "In the evnt such findings occur after the             and suitable surfacing to permit Ml-wcatlu-r
"»lth Kansas State Highway 13 In section 5.             appropriate iit/a-Federa] interest or interests        use of Collln County Road 115. at n cost not
 township 9 south, range 8 east, thence north           have entered into the agreement required               to exceed 9800.000.
 and west to the Intersection with coun'ry              by siibscctton (c). any payments due after                 SEC. 31. The project for the Atlantic coo^t
 rood lu section 14. township 8 couth. • ve             the date of such findings as part of the re-           of fxmg Island. Fire Island Inlet to Mont.v.-.k
 7 east, approximately 5.78 miles. The fed-             quired local contribution of 25 per centum             Point, New York, authorized In section 101
 eral sh.-*e of the work performed under this           of the construction costs shall be waived              of the River and Harbor Act of I960. Is here-
 section shall not exceed 70 per centum of the          by the Secretary of the Army.".                        by modified to provide that non-Federal In-
 costs of such, work. There Is authorized to                Snc 24 The Secretary of the Army, acting           terests shall (1) contribute 30 per centum
 be appropriated to tlie Secretary not :o ex-           through the Chlof of Engineers. Is author-             of the first cost of tie project, including the
 ceed 5500.000 to carry out this section.               ized and directed to make a complete study             value of lands, easements, and rights-of-w.'>y:
      SEC. 19. (a) The Secretary of tlie Army,          of the items of local cooperation involving             (2) hold and save me United States free from
 acting through tlic Chief of Engineers. Is             hold and save harmless provision:: which               damages due to the construction works, and
 authorized and directed to cr/ivey to the              have been required for water resources de-              (3) maintain and operate the improvements
 Andrew Jackson Ixxlge Numbered 5. Frater-              velopment projects under his Jurisdiction,              in accordance with regulations pre-scnbtc!
 nal Order of Police, of Nashvl.le. Tennessee           and Uls reasons for such requirements, ivntl           by the Secretary of the Army.
  (hereafter In this section referred to as             to report thereon to the Congress not later                 SEC. 32. (a) This section may be cited as
 the "lodge"), all right, title, and Interest           than June 30. J975. together with recom-                the "Strcambank Erosion Control Kv.-.Innt 1.^:1
 of the •United States In nnd to tnac real              mendations as to those items of local coopcr-          nnd Demonstration Act of 1074.'*.
  property consisting of thirty-clpht acre$,            ntlon-whlch should appropriately be required                (b) The- Secretory of the Army, acting
 more or less, which Is located within the              for various types of water resources develop-          through the Chief of Engineers. Is author-
  Old Hickory lock and dam project and                  ment projects.                                         ized and directed if establish nnd conduct
 which Is presently lenscd to the lodge under               SEC. 25. Tlie Secretary of the Army, acting        for a period of five fiscal years a naliunM
 lease numbered AA-400S8-C1VENG-60-431.                 through the Chief of Engineers, is author-             strcambank erosion prevention nnd cor.irol
 dated December 1.1050.                                 ized nnd directed to study land tire practices         demonstration program. The program shicjJ
       (b) The cost of any surveys ncoessnry-as nn      nnd recreational uses at water re/ourco de-            consist of (I) wi evaluation of the extent of
 incident or the conveyance authorized b;               velopment projects under his Jurisdiction              ntreambank erosion on navigable rivers nnd
          section shnll be borne by the lodge.          nnd to report thereon to the Congress not              their tributaries; (2) development of new
       (c) Title to the properly anthemed to be         Inter thnrt June 30. 1075. with recommenda-            methods nnd techniques for bank protection,
 conveyed by this section shnll revert to the           tions n>- to the best use of such Kinds for            research on soil stability, and Iclcntmc.M lor.
 United States, -which shnll have the right             outdoor-recreation, fish nnd wildlife enhance-         of the causes of erosion; (3) a report t<i tKr
 of immediate entry thereon, if tho lodge               ment, rind related purpose;;.                          Congress on the rcjulta of such stiu'lc:" find
 shall over use. or permit to be used, nny part             SEC 2C. Section 208 of the Flood Control           the recommendations of the Secretary of tho
 of, such property for nny purpoie other than           Act of JOS4 (C8 Scat. J25C, 12CCI is hereby            Army on moans for the prevention and e.-r-
 ns n youth camp facility.                              amended bj ;;lrlki>ig out "$2.000.000" nnd in-         rection of strcambnnk crorion. and HI dem-
       <d) Tlic conveyance Authorized by this           serting In lieu thereof "$5.000.000". nnd by           onstration project;', inrlurtlng b.ink prt-t.r-
 section shnll be- mad« upon payment by the             striking out ••?JOO.OOO" nnd irt-crfmr in lieu         11 on works.
 lodge to the Secretary of tho Army of an               thereof ••$•250.000".                                        • e) Dcmorwvtriitlon projects authwi/cil by
 amount of money equal to the fair market                   SEC 27 Section M of the A<-t ripproved              Uils fcctlon MiMI be undertaken on ;;m.intt
 value of the property. The f;ilr market value          July 2-1. IMC (CO Stnt C53l. lr lurch?                  selected to reflect a variety of Ri-f.;:r;if>hi.::il
 of such property shnll be determined by nn             amended by MrlfciiiR out ti.ooofiflu' nnd               and eiivtrcnmcn'^l condltloa<:. In.-lntitnr
  independent qualified jipprni.w acceptable            ln.-.ertlnc it. lltu thereof "SlP.OOOeorj". r<v in-     Mreanvi with nntxirtiHy occurring er.^ ir.r.
  to both the Secretary (li tlu' Army s.nd ihe          t-ertliii? af^cr the word* "public v...ri:. ."          problem.: nnd i.lreams with erosion c.niM-tl or
 lodge. No conveyance may te maito piir-                •vburchf-:. hospitals, school.*-., nnd other non-       lncre»;-,cd by m;tnni:idfl stnicturrs <-r :u-'i\i-
 .-.unm to this rectlon .'ifU-r the do. e of the        profit p</bll<- rervlcc.V t>y s-triV:tnp out             tlo.^. At a minimum, demonstration pr«\i«fts
  twelfth month nftt-r the month In which               "5,10 OiiO" :uid Inj-ertlnp in llt-u thereof            thnll be coiiUiic'ciI fit multiple Mte.. en -
  tlils.-^etloi: Is enacted.                               T-2.",o,liO(i" :>nd by striking oot "f.f ^mrr-            11 > the Ohio Rlvrr.
       Src. 20. Section 213 of tnc Fl«*l Control        Rfnry lj.'inl:-prftf«;ctlon work- if prevertf
  Ac' of !070 (8-1 St.'«t. I82-J. !8S&| Is hereby       n(*jC," ;md HL-ertVPR in lieu tht-rn-f ". np.ur.             (2l that rcnch of the Mls.oun niii-r t^-
  amended by 0) Inserting beioro l)j<- period           r-^,tor;itiori. .ind modlflcntlon r,f r-tr.ftfi iiry     iv.ien Fort nnndnll D.im. South D:il:»t,4 1.1 d
  .»t ihc end of the fir:,t Kcntenrc thefolk-wliur      .'.trOiirnbaril; ;njfl . horollnc |>r<ijn *.i'n vw.     f<ii.ux Ctiy.Iowa:
  ". ni nn estimated ct<-t e-f $l],4f>u.oi>0' nnd       to prc viTil"                                                *.'ll t'l.it ri'ach t<t tht- Mt^ouri River m
   i '•! I &trlblnp out-tile Inst un'encc.                   Sr.'. 28 Tin? Sc.^rc-tnry of fhc AtTny nclni)'      Ni.rtl) T3.ihf.lri al or below the O;irrr'>n f/.ir,..
       Sic. 21. Tho project for rfoori jiruKMIi'ii       through the Chief of Euc.lnfcr-. I' uutru-n.-fd         MX!
  "ii tiio Minnesota nivi>r nr M.-ink.-ito-^orth         nnrt tlltfiletl la improro porlmctor t-etff nt              i-il the delta nnd hill nroiu. of the Y...CVI
                . Mlnne.'ota. nuthwirtd br ittf Flood    take T«omn. Tr.var. nnd 01.1;ihf.n,ri. utdii-          Rlirr Bfu'.In (;cner.llly in accordance vtlih tlie

                                                                           140
 H716                                               CONGRESSIONAL RECORD—HOUSE                                                              February 13, 197.>f
  recommendations of the ChleT of Engineers               ihorlitc! and directed to revJew *.hc require-              convey t/> the Mountrall County Park Com-
  In his report dated September 23. 1372.                  ments of local cooperation for ti.r project                mLA.ion of Mounlrall County. >"orth Dakota.
       (d) Prior to construction of any project*           for Anaheim Bay. California, authorized by                 all rights, title, and Interest of the United
   under this section. non-Federal interests               the River and Harbor Act of JOSi for Seal                  States In and to the lolloping described
   d:al.l agree that they will provide without             Beach. California, with particular reTi-rence              tracts of land:
  cc>st to the United States lands, easements.             to Federal and non-Federal cost sharing, and                                TRACT N
   uad rlghts-of-way necessary SOT construction            to report the findings of such review to Con-
   .ind subsequent operation of the projects;              prcos within ooe year after the date of en-                   Alt of the land which lies landTrard of a
  bold end »avo the, Cniurd States free from               actment of this section.                                   line, which line is 300 feel above nnd meas-
  damages due to construction, operation, and                 Sic 33. Tiic-Secrclarj of Ihc Arrsr. artif.T            ured horizontally from contour elevation
  maintenance ol the project:-, and operate and            throuKli the Chlel of Engineers. Is au-                    IjKO-utfrMi «.-.-. :cvc5 of old. Van. Hoofe Vtllace
  maintain the projects upon completion.                   thorized and directed to undertake su..h                   In the nortnwest quarter of section 32. town-
                                                           emergency b.in'£ stabilization vrorXs as are               ship J52. range 91 west of the fifth guide
      |c) There Is authorized to be appropriated                                                                      meridian.
  for the five-flscal-year period ending June 30.          necessary" to provtct the Sacred Heart Hos-                                TSACT
  1973. not to exceed S25.000.000 to carry out            pital In Ynnkton. South Datou. from dam-
  subsections (b). (c).nnd (d) of this section.           ages caused by bant erosion duwristroam of                     All of the land which lies landward of a
      SEC. J3. The flood control project for the          Gavins Poltt Dam. Missouri River.                           line which line Is 300 feet above and mcar-
  Sclpto Hirer. Ohio, authorize! by section                   SEC. iO (at In connection with any ir..ter              urcd horizontally from contour clew.lon
  2'J3 of the Flood Control Act of 1952. as modi-          resource Ccvclopmeat project, heretofore.                  1.850 m«in sea level of Olson's first addi-
  fied. Is hereby further rr.<xltflcd (1) to permit       herein, or hereafter authorized to be under-                tion. part of the southwest quarter of sec-
  the consti action of local protection worts at           taken by the Secretary of the Army, the con-               tion 23. township 152. range 91 \7csv of the
  Chilllcolhc. Ohio, prior to commencement of             struction of which has not been Initiated as                ufth guide meridian.
  construction of the Mill Crock Reservoir, and           of the date of the enactment of this section.                                   TRACT
  12) to permit the plnn forsucb works to be              where authorization requires that non-Fed-                     Hodge's first addition, part of the north-
  revised by the Chief of F-.igtncc.» .•> as to           eral public bodies mate an a-Trecc-upon cash                 east quarter of section 32. township 152.
  provide a deiprce of provcetion substantially           contribution as part of their reimbursement                  range 01. we^t of the flfth guide meridian.
 equivalent to that provided by the projt *.l as          to the Federal Government for construction                      ( b ) ( l > The conveyance of si:ch portion of
 originally author'.zed.                                  coots, or a specific portion of the e«ir«rue-               the lands described In subsection (a) as Is
     SEC. St.- The project I« N'cwburgb lock               tlo:i coots, and where there existo ni other               bcinc; used by the North Dakota State Game
 and dam. authorized under authority of sec-              provision of law which would permit ei-                     arU F«.<h Department Jo- wildlife manage-
 tion G of the River and Har'oor Act approved             ter.tfed repayment for the construction costs               ment imposes shall not become clfcctivc
 March 3. 1903. Is hereby- modified to direct             nr such specific portion of the construction                unul the termination of the license granted
 the Secretary ol the Army, actlnc through                costs iiivolved. such non-Federal public                    to such department lor such use cither In
 the Chlel o'f Engineers. to perform bank                 bodies may rtute such repayment In an-1'*!!                 accordance with Its original terms on Octo-
 protection wori:s alon? the Ohio River at                Installments during the period of COAMTVC-                  ber 31. IC'39. or M any tim* prior thereto.
 JCewburpii. Indiana. Prior to construction,              tlon.                                                           • 2| Tne lanris conveyed purxuunt to this
 non-Federal Interests *fc.all arrte that they                (b> Upor. the TCijucst of a'Tected ron-                 section shall J* T»s<yi by the Mvun'rail
 will provjiit.- without cost To the Onlted               Fedcral public bodies, the Secretary of the                 County Park Commission. Afountrull Count.--.
S:a'.es lands, e.iscmtr.v, afcd rtgat£-of-way             Army Is authorized to -modify cti.ttlr.'j c&rt              North Dakota, solely for public r-ari: and
 nectary for constru:--. •» and ;?ub\*quenc               sh.-irir.p afretmtiits Ir. order to ciTrctUitc the          rocreat'onal purposes, aad If such, lands are
 operation of the vrorc^: ivld Mid &ave the               pr^ylsloiis of Kufc^ection (ai of this fcjtlon.             ever u.^cd for wvy other purpo-e. tMr t::crer->
 United States Irec Irons dtumc^ ri'ie to                    SEC. 41. <a< TTiC Sccrolary of the Army.                shall revert to. and become the property of.
cv-r-'^nJctlon, opcr.t'.lon. antf raalntcnat.ee or        actin- through the Chief of Engineers. Is                   tJie United S',uT.x; winch shc-ll hr.ve tV.e f;;i,t
fue worr-j;. arid operate tnl maintain the                authored jiT.d directed to rn-V^o a oetalZed                of Immediate entry thereof.
wc'Tiui upon completion.                                  study as»4 rvp^rt of tiie total benefit.- and                  (3) The coavojv.r.ce authorized by tils j-c--
     SEC. 33. The Sicrtrtiry of Uie Army. rtct-           oo.:ts &:ir<but.ib!e to Uie wa'cr nvourcis dt-             ti^-n shall be sub(«t to such other tertrtS tad
 Inp through the Chief of EacincerJ. Is au-               vc'.opmtnt pToJectA undcr»i»:en Sn U.e Ohio                conditions as the Secretary of the Arm>
thorized :mcld (reeled to make a de-jiilea                River Brt-^in by ifce Corps of Er.jlr.nrs. The             deems to be in the public inttrest.
r.tudy o! ruch plan? as ia mri*" deem feasi-              ev;ilu:»t<o3 of b^r.cii*-; rind costs «'.trlbutr.>>lc          lc> The MountnUl Coanly Par!: Cc-mml!.-
ble End upproprlaw i- r 'Je.e removal ur.d                J» -iutli tT'iJtiW --"aaU Includi- cor_-..tlcr3.ion        rton Mini! piy the cost.* ofVudi mrveyr. or.
dt -?o-al o: debris and o'o--- :•.-;<• builclinr:. rc-    of thr erih-vaocmc-at of reirional sco-_omlc do-           may be ntc«.-^v»ry to dc:ti-mln>
matnlnr as n result or n-iili'-iry con..tru?tlon          vc't.pmta.t. qua'.ity of tlic tot.il cuvlroaanerit.        Icjral di-scnptim of the lands i
 in V'^rti War II ir. tf.e vi:iiiltlt-5 of Port           the wt-lT-bci'i- of tier people, and                       ftnd such sum:', or nvty be li?re3 by tht i*r
 He) \. Co!d Bar, Cc.;i!i>-a. and fJnm;<k                                                                            tary of the Army Jo com?en---.i'-'.- th<* Unlti*!
T. .^ud. in 'he /ievtiau b'.ani;. £lu:>iU- Such               ib> The fecrutarv. a<rtln-7 throu/h the                                •r It-- admlni.-.'-rative es**r»rcj Ir. c-,r.-
study :r.-J! include an iui.-Jr.ts o' avprop:;-           Chiuf of Er.i:lr.ear.-.. stall report the iir.Clns                         ^.•Ith the co-ivcy?TICC of meh J'trtd--.
aw rr.'::- xirt." to n-.:tw the,-; ariSiS fa thrti        of ^>K-!I -M'jdy to Cf-nrrtf.-, ivl'hin tv.o y>xiW         nliich .-.om -.ii.'il! >> c^ve'tu into tht Trt-.-':rur'
natural c-ondltlcn. T.L«- B^Tciiry of t,\c                after funds are matte avulLioIe u> initiate                inv-i ml- rdliuu-... e-.-.vn-^.
Army. ti-tinT throUiT.i fiie CUItf of Engi-               tf.t i.rviclr.                                                Sro. ^5. (r) S-^t.c-ri 2.^2 of I'.ie DL.---.Vr P.:—
neers. I;- directed ',o n-p.-r: tVie Jindlncs of                                                                     llcT Aot f-{ lf'7O (Pnb'.lc Lav.- :«I-CCij. &5 SU'it.
:.uch I'tucJy to Con,'.-LTo Truhin otic J4ur                                    f.-«i to
ufur Uw cJ\*?e of cr».v:?ny-al of ihl~ action.                                  ,'jn.                                i hereof th>; f>Mo .vin 7:"
     SEC. 3C £v;llun iJ-Z oj the FVcd CvtXrol                                                      -on".>? :tnd         "(d) For l-if piirp.\-or. of tbl.-. .c-:?t-ti. 'nc'l
Act of K-7f iPuoIk I. IT- L>!-t.i 1 1 t-. .imepded                                                 ^ ipp< R-.vtr     cwsf rind 'not Co.-v of wpjlnn-:.
bv In.-.r^nT at the t-r-j M..-.<-vl the lollow-        U.d->pU.-U b' _je- ACT of Mfiy 15 lv2d i-V> S'.aV             rtoor.^tructirrR. f-r rcrilacinj any .-sch. fa.>illiv
in'7: "Ti.i; S=six-to.ry tn.'j ii :. pro^iJo Jor the  SMn. fl'v a?..*nif'd tint! modiiit-d is further                shall include the cortK nctnrilly incurred In
co..f (•: c.-.n.-truc :.n u( .1 :?Ti>-Un'>. ntt-      aro rii>.-»l «,r»S ri.-Atifwd ;o as V> pr--ivi(!o th(,t        rcpViflriT t'ne friclhty'.s j«rvlce. w.th s rrvifcs
                                                      in Ti.'> cv? '•                                                from otiicr rourco". uurin<; th.- rtri"<l of ri-
fw^-Iim- i>rldf'v'. i^'ct.diT'i; from Old V) he- iifq-.tlre                                                          pair. rc,'Tor;itlon. recont-lriic'lon, <>r rcpl.ir^-
Ciiirca S'?.t>n HfhA-.'iy V>. no.-ir WVimar I--^,.s. •« «,-!»!: Jr r*.-wl!lnj from Filler. J irri-                              .-Tidi f..'-lli'7. to the cM -nt r-nch
 ri'^r-x.; >'.o North ImX ;.-J MWdlr Fork of pr->". oruvn's ttftirh hwo r.ot bcrt.n :>i:C{>i:r^d                                cd the <•,-..-.».•-. which :--f
 the Anxri«in RKti' t.-> »i,e £2u^r.i'Jn C«>nty :md mnlc'^ ,\r>.- r.'i Vinrw .uiT^n.f. f. ,r i.nch                   Incurred Ifi prc-vidln;" .v.wh r.T".".vr r it
 Rosd n..-.-ir op;irit-h Dry DL--tr>.-.. :.uK.t,«i- pMrr.j.ve. liw S:.-r-.-'.'irv cT tin- AmiV, ;..-tiHiT
 '.Uill" II .-icoordi.JKe -r.ilh t:.e n-pc-r' f>' ihe tnn-u^'h tiw* CVui-f »f Er-'Tirutr. m.iv. t^.> if..-              ib) Thf a
.-ccrctnn: c-n'.ltlcd "leplMoaivnt Alterna- c\'.^rit Ju t w d , ,'cqxiir' ^..lb^.':Ill!c l."Titl-. rot               of till-. ..-r'.l(-.n rli.ill 1.V(;c eite.-t a.', of An~\i t
 tive Dp tn-.im IIc>:>d S\ vr;i. Auburn H'-. cr- U'i t-xi-rrd 'he- r..^v.i-'i-.. firi-vl'j '»-•' v n'Uh.'-ri-vd
 vo.f-.'i'Tiie I!*70"."                               lor .-.uch pxirp : o in th«- -iJn-: --r ,.il.'i.-.nt                    •?'" T>r-                or fh.? Ar.ii- .- ' rr
     ^^c. a7. Tii<> ferret .rj" c-f the Amv. .»ct- ..iiii'o.Ldnr. '•' tit.7 pr-'iji-c*. uri-ri
                                                H                                                                    'ViT-'i-'-'h ilir Ch^f of E.i -in.-cr-.-. ir. amhc.rir'Vl
 in'-- (Iirf-u-h the Clili-f ff Er^in^or^, L . t\«-     Src -ja. Ary fir.-fV' »^1 r^-va t>i i!.^ Ziipi               '•'• ;im -ntl til-- f- Trie: b f. i--n tnf ,-|- .- r,f
t.h.or'vfCr M\>\ dlr«.-cti-a 10 twvl'-'w the rcqnlrc- Il>vr.-..ti(.n Ar>.i '.vJl not 'H- c.-.fi ir-i.-.-a            Abt-r. i">-rt. V.* v hln "nn, nrifi tV..* t'nifitl .SfaTiv.
Pif-n'-i 'i lt>xil {•.^i*.t--r..tt-jn for the S.mta tinder UR- Cv.<- Ri'U L.i;:>. pr...l«--t in K..II-               f^.r «* '<t s'orn-.- •^r.K-.? in th<- V.'vn v»-hee
Cr\).' HhThr-r pM'Jfot. S,jn'i Crm. CaUf^rnlR. tiu~I:y iiul'.'Ti.-td bv TJ»- K)«"'Xl C"Mr •' .'..-'.                 D-..I-H r.n'l I -An iw HIP
.'.ufhcTI.-vJ by the rtlvf-r nnd Harbor \ft of r.j.p-.vcd Jiirii- :*.' IfMG. :u.4 J«i..- 2?.. }:".
 Ir'"B. v:lth prirttoilrir rofori-nc* to
and non-Fi-dcral c^-,t sAinrln™ and i                           ncd c-''noi-.>i'.       flv ori-.-ir li.ii -nt-il    (r.ir.t ..^^jj prf,..ide thnt the r.'. v. nll.-.o'»t.-tl t.->
 th* lm(ilni"« of nich rovti-w t«j                                                              v. r.r.y >i.-;i      W.'vhir.-fon, f-. mTinflp.il uru' man-rrlnl
 wlthlii on<? year after tl>i« ilato of cr.                                                                          pri' r»f d'm'.ncl »• il«r *<jpp!r. ".hrill 1
 of Wit. nectlin.                                       Sir- -H- (a> Su-.j,^.                 • pr--.-. l ..01 'if   OVPI a p rt.^l "f f/'v vi :ir. t.fff-r th^pr-.J''
     Src. 38. The Secrot^wy of the Armj. act- ;.ub i-ctton (b) of f.hl» •
 inn through the- Chief of Ennlnccra, Is mi- or the Army Is aiu!)»rir>-d lid dti*cti.-tl v>                          umplv pnrrt-'W.. Tlic fir.-t nnn\i^l n.xvrn


                                                                                    150
 February                                            CONGRESSIONAL RECORD — HOUSE                                                                                         H717
   shall be a minimum of O.I prr cent tun of the              State of Jfew YwrS. bounded aud described                     ( c u l l TheffecreU'iryof the Army, acting
   total amount to be repaid. The annual pay-                 as follows are hereby declared to be not nav-            through the Chief of Engineers, shul! cs-
   ments shall be Increased by 0 I per centum                 igable waters of the United Suites within                UiblUJi and conduct for a period of five ic-c.il
   each year until the tenth year at which time               the mcunlnt: of the laws ol the United                   y.^iri a nr.:lonol shoreline crcslon control dc-
   the payment shall be 1 per cunt urn of the                 States and the consent o' Consra:^ tf- hereby            vdcpmcnt and demonstration prosram. The
   total principal amount to be repaid Sub-                   friv^n to the filllns.; in of all or aa~ port            f>ro-«.rani fjjall consist of planning, coa^truct-
   sequent nnnua! payments for the balance of                 thereof or the erection of permanent pile—               inji operating, evjlujtlnt;. and tlemonstr&t-
   forty years shall l» one-fortl«h or the bal-               supported structures thereon: That portion               Ing prototype shoreline t-r*y£it£i centra i!t—
   ance remaining after the tenth annual pay-                 of the Fast River in N<-TT Tcci-Cisjniy. Stale           •nee?, both engineered and vegetative.
   ment i Including Inrcrtst CTCT zz't, ftttr-vror            of Xcw York, lyin? saoreward of n line with                   (2) The program shall be carried out In
   period).                                                   the United Stat«.-o; pierhead llnu as it exists          coofcra'lon with the Secn-firy of Asrlrul-
       SEC. 47. The project for Wynoociico Dam                on the due of the <m?rtroait of this Act.                ture. particularly with respect to vegt-tntivo
   and La*:e. Wysooehec. River. Washington, au-               bounded on the north br the fouta fide of                means of preventing and controlling shore-
   thorized by the Flood Control Act approved                 Eut;vrs Slip extended eagerly. CM bounded                lie.- vr^loa. ard In coc-?iratloa with Federal.
   October 23. 10t2 (70 Suit. 1193). Is hereby                on the south by the southeasterly border                 State, nnd local wcnclcs. private orjaalzc.-
   modified to provide thit the Secretary of in-              of Eattory Part: a: a polut adjacent to the              tlons. nnd the Shoreline Erosion AdvUory
   Army, acting th»Br.h-tlst Chief of Engineers,              wcrt<rrl7 vsd of South Street extended »uth              Panel cn:i»>!U'h<x! pumiant to rub:-rctloa
   Is authorized and directed to transfer to the              by southwest. Is hereby declared to be non-               <d>.
   Stato of Washington, as a part of project                  navleabje waters of the United States. This                   (3) Demonstration projects established
   costs, an amount not to exceed JGOC.OOO for                declaration shall apply only to portions of              pursuant to thU section shall emphasize the
   construction of flsh hatchery facilities for               tho above-described area which arc bulk-                 development of low-cost shoreline erosion
   prevention of losses of natural spawning                   headed and filled or occupied by permanent               control devices located on sheltered or Inland
   arens for nnadromous trout occasioned by                   pile-supported structures. Plans for bulk-               vratcrs. Such projects shall be vnilcrtaicn
   project construction.                                      heading and filling and permanent pile-                  nt no less than two sites each on the shore-
       Sec. 48. Section 7 of the River Basin Mone-            supported structures shall be approved by                lines of the AtlnntJc.Guir. ind Pacific coasts;.
   tary Authorization find Miscellaneous Civil                the Secretary or tho Army, acting through                the Great Lakes, and the State of Alaska, and
   Works Amendment Act of 1S70 (84 Stat                       the Chief of Engineer?. Local Interests shall            at locations of serious erosion along the
   310) Is hereby amended to read as follows.                 reimburse the Federal Government for engi-               shores of Delaware B.iy. particularly at those
       ~Src. 7. That the project for Llbby Dam.               neering and all other cos:s Incurred under               reaches known as Pickering Beach. Kltts
   Kuotcaal River. Montana. I* hereby modified                this section.                                            Hummock. Bowers. Slaughter Beach. Broad-
   to provide that an amount not to exceed                        SEC. 52. The project for hurricane-flood             kill Beach, and Lewes in the State of Dela-
   *4.000.000 may tic used for the construction               control protection from Cape Fear to the                 ware. Sites selected should, to the extent pos-
   of flsh production measures In compensation                North Carolina-South Carolina State line.                sible. reflect a variety of geographical and
   for flsh losses Attributed to the project, and             Korth Carolina, authorized by the Flood Con-             climatic conditions.
   for the acquisition of necessary real estate,              trol Act of 10CG (SG Stat. 1418. 1419) Is                      (4) Sach demonstration projects may be
( construction of access roads and utilities,                 hereby modified to provide that the Secre-               carried out on private or public lands except
   and performance of services related thereto,               tary of the Army, acting through the Chief               that ho funds appropriated for the purpose
   as deemed appropriate by the Secretary of                  of Engineers, may enter Into an agreement                of this section may be expended for the ac-
   the Army, acting through the Chief of En-                  with non-Federal public bodies to provide                qulrltlon of privately owned lands. In the case
   gineers.".                                                 for reimbursement of.Installation costs in-              of sites located on private or non-Federal
       SEC. 49. (a) The project for Llbby Dam,                curred by sucb 'bodies, or an equivalent re-             public lands, the demonstration projects shall
   Kootenal-Rlvcr. Montana, authorized by the                 duction in ti contributions they are other-              be undertaken In cooperation with a non-
   Flood Control Act approved May 17,1950 (64                 wise rcqulrf J to mike, or a combination                 Federal sponsor or sponsors who shall pay at
   Stat. 170). Is hereby modified to provide that             thereof, in in amount not to exceed »2.000.-             least 25 per centum of construction costs at
   the Secretary of the Army, acting through                  000 for worp to be performed In the project,             each site and assume operation and main-
   the Chief of Engineers, is authorized to ac-               subject to the provisions of subsections (b)             tenance costs upon completion of the project.
   quire not more than twelve thousand acres                  through 'C> of section 215 of the Flood                        (d)(l) No later than one hundred and
   of land for the prevention of wildlife grazing             Control ^jt of IOCS.                                     twenty days after the date of enactment ot
   losses caused by the project.                                  SEC. 'J. The project for Hood protection             this section the Chief of -Engineers shall es-
        (b) The Secretary Is further authorized               o».^ic Grand River and tributaries. Missouri             tablish » Shoreline Erosion Advisory Panel.
   and directed to convey without monetary                    and Iowa, authorized by the Flood Control                The Chief of Engineers shall appoint fifteen
   consideration, to the State of Montana All                 Act of iocs Is hereby modified to authorize              members to such Panel from among indi-
   right, title, and interest of the United States            and direct the Chief of Engineers to proceed             viduals who are knowledgeable with respect
   in th« land acquired under subsection (a),                 Immediately with the engineering and design              to various aspects of shoreline erosion, with
   for •use for -wildlife grazing purposes. The               of the Pattonsburg Lake project as presently             representatives from various geographical
   deed of conveyance shall provide that the                  authorized subject to such modifications as              nrcos. Institutions of higher education, pro-
    land shall revert to the United States in the             are determined desirable by tho Chief ot                 fessional organizations. State and local agen-
   event It ever ceases to be used for wildlife               Engineers on the basis of results of a review            cies. and private organizations, except that
    grazing purposes.                                         of the authorized Grand River Basin plan                 such Individuals shall not be regular full-
        (c) There Is authorized tf> he appropriated           of development Including consideration of                time employees of the United States. The
    not to exceed i2.000.000 to carry out the prc-            the current Justification and feasibility of             Panel shall meet and organize within ninety
      lslonsof 'dissection.                                   advance Federal participation In construc-               days from the date of Its establishment, and
        SEC. SO. The project for Llbby Dam (Lake              tion, of the 1-35 highway crossing of the                shall select n Chairman from among Its mem-
 r                                                                                                                     bers. The Panel shall then meet at least once
  Koocnnus,M. Montana, authorised by the                      river and of including power facilities dur-
    Flood Control Act approved May 17, 1050 (C4               ing the project construction. Such Inclusion             each six months thereafter and shall expire
    Stat. 170). Is hereby modified to provide that            of power facilities shall be subject to sub-             ninety days after termination of the five-year
    tht> Secretory of the Army. acMnp through                 mL'slon of a feasibility report to tho Con-              program 'established pursuant ta subs.cc-
    the Chief of En?int-ors. Is authorized to reim-           presi, nnd subsequent congressional action                l!*n (ci.
    burse- Boundary County. Idaho, for the cost                thereon.                                                      (2) The Panel shall —
    Incurred to elevate, relocate, or reconstruct                 SEC. 5-i. (a) This section m:iy be cited as                (.M ndvlrxs the Chief of Engineers c cncrally
    the bridjTe, located at the mouth of Deep                  the "Shoreline- Erosion Control Demoiu.trji-            In carrying out provisions of this wet-Inn:
    Creel: n.-. It Joliu the Knaton;d River, made              tlon Act of 1074".                                            (B) recommend crltcrl.i for the wlt-etlon of
    nccoio£»ry by the- duration of hlrrlier fliijv;;               (b) The CongTe.r. finds that bt.-cau.-~o of the     development and demonrtratton rites
    during ar.ift-do»n operation.--, ar Libby D.im.            Importance and Incrt-.u-lnt: Intcrft-t in the                 <C» recommend r.lttrn.itlve ln*-Mtution.il.
    There is imthonrtd TO be- rippropruTt-d noi                co-u.t-al and ^--.tuannc zone of the Uniied             lepil. niid fin:mcl:il arrtmrfmtnt.-. noce^iry
    to exceed S-liO.OoO f^r tin.- purpo .. t.: in is           States, the deterioration of the- .-horeime              to cifect nrrccments with non-Ftdcr.il <pr.n-
    section.                                                   within fjls 7<mc due t«i cro'lon. the harm               r«:>r of project Mtr :
        SEC. 51. If the So.Ti-T.iry ol the Array, iict-        to wftter quality and marine life from rlu>ro-                iD( m.'ikt- pi-rnxUc roilew.s «'>f the pr>~>,T> 1 -;
    lr>c thr-JUj;h the Chief of Eni'lmcr. finds                llne erosion, the la*; of rvcn-.i'iMi.'il poren-         i-J thr j>K;:r.nn pur-nont v* thi:; .^-cu.-.rr.
    Hint the propo «I proji-et to be eri-ou-d at the           tlnl due to such cr^.lon. the nn.miN.il io.\.                 iE| ri-cvimmend mf.in.i bv \rhlcli Uio
    location to be drel.ired non-n.ivji-.'ibli- \inder         to private and public Inndw.nerr. rc.-.nlrinc            J:nr'".sl«i-e obMtied ir.^m tho pr-jji-ct niuy
    Mil? rectlon I;. IP the public intrra-r. on the            from short-line cr . ion. nnd the In.iblllty of          t. m.i'Jn ronillly nrnllibli- to tlio public: nnd
    barl-i of enrineenni; rtutlle.. »o fit. (ermine            : uch IrmdiV.axMr. to r.btnln :.'i!l. fnftory lirlun-         iFl J-i-rtf'fm r.urh funr-non . :•- Ih.* f ' d f f
    the locution and r.mi'-ti>r.il Mobility of the             rl.il nnd toehnle.il a..I..tanw to rvmb.il -inch         of EnyriiKr-rs may
    biilfchoftdlns ni-.tl lillin£ .-aid pvrm.ir.riu pilr-      rra.lAn. It Is e^ pnti.il to develc-p. duu.>n-                                 r-i-T-. r,f tt-ii- P.iti'-l . 'i..!I I, lie
    supportcd .'.iniciuri-.. in orJi r t<-> pr>.\ trvi- and    ftmtc, and dt-^-emlnate information nbrjut                          n on hirim- , or Ttio I'.VTI, ht- i-r.t|.k-<l
    m.'iint.-iln tin? rcm.itnlny: nt-vl^iMr- w»ttrv,-ny        lo-x-cf'-.x. moanr. to prevent and control .-hon--                 i-l\.i-> i-.-.mpcn.»itir,n at mt«- . it\i--1 bj 'he
    and on the b.v-l. of environment.^ studies                 Hno eror.lon. It l.i therefore the purple of                        «'•! Engineer-, but nf.j in c-vcc .,. or (no
    conducted purcimnl to the National F-nuron-                urn ruction to authorLre a protrr.im to de-                                  r.i'r of pay for ^^ide GS-ia. ;ii
     mentril Policy Act of if*S;i. t h i n th&c por-           velop and dcmon-.tnitc sueii m^-in'. to f»m-              provided In tho Ooner.-tl Schedule usiikr
     tion.-, of thr East rtiwr in NYn IVri:                    biit t.horellnc erosion.                                 ffrtlon 51J2 of title 5 of the Dnllrd St.i(,<»

                                                                                              151
H718                                             CONGRESSIONAL RECORD—HOUSE                                                           February 13, 197.':
  Code. Including traveltlmc and while aivay               proved plan lor the general gecsraphlcal area            necessary to provide for the repair aad con-
  from their liomcs or regular places or busi-            of the dredging activity for construction,                version to a fixed-type structure of dam
  ness, they may be allowed travel expenses.              modlticattorj. expansion, or rehabilitation of            numbered 3 on the Big sandy River. Ken-
  Including por diem la lieu of subsistence. «s           •xas'.e treatment facilities and the Admin-               tucJcy and West Virginia,
  authorized by law (5 U.S.C. 73b-2) for per-             istrator lias found that applicable water                    tb) The -work authorized by this section
  sons In Government fcrrlce employed inter-              quality standards nre not being violated.                 shall have no effect on the condition that
  mittently.                                                  Sec. 50. Notwithstanding any other provi-             local Interests shall oirn. operate, and main-
     H7 The Panel IsfcwtfcCTtasd.without rc-              sion of law. the States of Illinois and lotsa,            tain the structure and related prcpc-riles aj
 pard to the civil service Jaws, to engage 5Uch           irhich are connected al"Kcokut:. town, ty-lb*             required J>y the Acl ol Au^Wt. C. 1D5C |70
 technical nad other assistance as may be re-             bridc* constructed by th» Keo!:«I: and Hamil-             Stat. 105?).
  quired to carry out Its Junctions.                      ton Brldce company pursuant to Public Law                    (cl Then Is authorized to be approprtaU-d
    <e> The Secretary of the Army, acting                 3-52 of the Sixty-third Con^riss ar.d at Bur-             not to exceed $330.000 Vj carry out this
  through the Chief of Engineer.?, shall pre-             lin^'j^a. Iowa, by the bridge constructed by              section.
 pare and submit annually a process report,                the Citizens' Bridge Company, pursuant to                  SEC. C3. The project for hurricane-flood
 including therein contributions of the Shore-            Publli La-w 1 of the Sixty-fourth Congress               control at Tesai City and vicinity. Texas.
 line Erosion Advisory Panel, to the Commit-              :tro auVnorted to contract Individually or                authorized by the Flood Control Act ap-
 tees or. Public Works of the Senate and                  jolntiy ti-ith either or both of the cities of            proved August 13. 1038. Is hereby modj£ed
  House ot Representatives. The fifth and                 Kco'/:u'-:. Iowa, and Burlington. Iowa, on or             to provide that the non-Federal mtcfesL;
 final report shall be submitted sixty days               before Jen? I. 107-5. to assume responsibility           shall have until July 1. 137-t. to provide the
 after the fifth fiscal year of funding and                for *he operation, maintenance, and repair               assurances of local cooperation required In
 shall Include a comprehensive evaluation of              of the brtdses at Kcoku!: and Burlington and             accordance ttith the rcco:,imendatlons of the
 the national shoreline erosion control de-               the approaches thereto and for laivfu! cx-                Chief ol Engineers tn Houce Document Num-
 velopment and demonstration program.                     pen«3 Incurred tn connection therewith.                  bered 387. Ninetieth Congress.
    (11 There, Is authorized to be Appropriated           V.TIMJ WTUw or both States have entered Into                SEC. W. Subsection (S») of section 200 of
 for the first fiscal year following enactment            sue:i an agreement any outstanding principal              the Flood Control Art of 10CO. as amended
 of this section, and the succeeding four fiscal          and Interest indebtedness on account of a                 133 TJS.C. "09»). li fi:rther amended by
 years, a total of no; 10 exceed $8.000.000 to            bridge- shall be paid from reserve funds ac-             striking out "ill. 000.000" -and Inserting In
 carry out the provlslor.s of this section.               cumulated for that purpose and ilie balance              lieu thereof "$15.000.000".
    SEC. 55. The Secretary of the Army, acting            of such funds, if any. shall be used to defray              Stc. 05. In the case of any reservoir proj-
 through the Chief of Engineers. Is authorized            cos'-s of operating and maintaining the                  ect-authorized for construction by the Corps
 to provide technical and engineering assist-             bridge After such an agreement Is entered                r . Engineers. Bureau of Reclamation, or
ance to non-Federal public Interests In dc-                Into with respect to a bridge that bridge shall         other Federal agency whin th? Administra-
 vclopng structural and nonstm<-tural meth-               thereafter be free of tolls.                             tor of the Environmental Protection Agency
ods of preventing damages attributable to                    SEC. CO. The Secretary of the Army, acting            determines pursuant to section 102(b) of
shore and streanibanfc erosion                             through tlie Chief of Engineers. Is authorized          Federal Water Pollution Control Arc that anyf
    Szc. 55. The project for Llbby Dam I lake             and directed to perform cli.ir.j.c! cleanout             storage in such project far regulation of'
 K-ocamisn). Montana, authorized by thi>                  operations ar.d snagging and clearing for se-            xtreamflow lor wntcr quality i» not needed.
 Flood Control Act approved-May 17. 1050 l&l              lected streams where chronic and persistent              or is needed in a dtl'crcrtt amount, such
 Slat. 170). Is herebj modified to provide that           flox! conditions exist m the lower Guyaados              project ma} be mod'.netl accordingly by thi-
the Secretary of the Army, acting through                 River Basin. West Virginia, for the purpose              head of the appropriate agency, and any
 the Chief of Engineer;-:. Is authorized to com-          of improving channel capacities, visual en-              storage r.o longer required for water quality
 pensate the drainage district and osvn'rs-of             vironment, and human well-being all In the               may be utilized for other authorized pur-
 leveed and unlevceil tracts. In Kootenal Flats.          interest of flood control. Such operations               poses ot the project when. In the opinion of
Baandary County. Idaho, for mndlflraMon to               shall be performed as an Interim measure                  the head of such agency, such use Is Justi-
facilities Including gravity drains, strui-t-irrs         pending completion of the R. E> Bailey LaKc              fied. Any such modification of a project
pump*, and addition*.! pumpli.ij operational              project at a total-cost not to eacccd SS.OOO.r           where the benefit^ attributable :o i^atcr
 c*>sts made ncces^br^ Sy. and cn.p and other             000. Appropriate noii-Fcctcral interests AS de-          quality arc IS per cei.tum or more but hot
damages resulting frcm. the duration of                   '.erm'.ned by the Secretary ol the Army, act-            greater than 25 per centum of the total
 higher Rows during drawdown op^raM---^ at                ing through th« Chief c.f Enslncers. shall,              project benefits shall take effect only upon
Urtuy Dam. except tr.at the tola.: of all «-«ch          prior to imtl.iuon of remedial operations,                the adoption of re.-^h>tio:^ approving such
compensation shall not exceed Si ,500000                 agree in accordance w;lh the proils'.ons of               modification by the appropriate committees
    SEC. 57. The authorization far 'he beach              section 221 ol the Hood Control Act of 1970              of the senate and House of Representative ;
erosion control project for Presque Isle Pe-              that they wlil fumi.-h the t.eccssary lands,
                                                          disposal areas, eaicmcnt-s. and rlghli-of-way.           The provision* ot the .-ei'ion shall n^t apply
 ninsula. Erie, Pennsylvania, as provided lit                                                                      to any project where the benefiu. attributa-
section 101 of the River and Harbor Act of                and hold and save the Ci.ltcd States free                ble to waiter quality exceed 25 per centum
 1000 (75 Stat. 480) Is reinstated acd extended           from tiamacer. due to the cleanout operations
                                                             SEC. 01. Section 205 of the Flood Control             of the total project benefits.
under the terms existing immediately prior                                                                            Srf. GO. (a) Ihe tccrctarr of the Army.
to the termination of such authorization, fr»r            Act of IO-S8 (33 li-S.C. "Olsi is amended-
                                                             ID uy itril-.mg out -$2S.<Ki0.tt»" ar.d In-           acting it:roim'ji the Chief at Engineers, is
a period of five yean., from the date of enact-                                                                    auUion/.cd to unclort-ifcc mcAsirei. to clear
ment of this Act. or If the review otudy cif             rcr: mt: in lieu thereof "K50.000.OfiO".
                                                                                                                   the channel of the m,u:. channel of the I-lt-
such project being carried o.it t>j Ow Secre-                (2> by s'ttklns out "aclvi..able." and all            tle C.'il'imet River. IHHiOls.. from Its crn
tary ol the Army Is no: completed prlo- to               that fiillo'js clown thrnuph arid including               once v.-Kh tfte Calumet -;:i* channel castwarl
the end of such period, until suvli .study is            the period at the cnt! of such .>ecllc-n and              to Indiana State line, of f&rlen tree.!, roots,
completed and a report, thereon submitted to             Insert in lieu thereof the ro!lu*ii.>:. • advis-          si;t. aid other debrlr. arid objwts which con-
Congress. There U authorized.to be appropri-             able. The unwunt alloitcd for a project shall             tribute to floodm ;, nn /..ht'.irn'.v-, and pollu-
ated it'ji. to exceed J3.jOO.OOO to carry oa' this       V>c sufficient to complete Fe-dcral pnrtlclpri-           tion of tnc river.
section.                                                 tlon In the project. Not more than SI.OGD.OOO                 (hi Prior so tnittnlum or ruca^ureo: au-
    SEC. 58. (ai The project for n,v i.<atlon In         Pha:I he allotted under tMs section for a                 thorized by this sccilon, Mich non-Fedcrnl
the Atchafrtlaya River and Bayous Chtnc.                 project at any single lo«rtllt? except thnt               interoits as tiie Secretary t>l the Army, act-
Biieu.-.. and Black. Louisiana, authorised by            not m^re thun *2.000»jO shall b\> nliolted                ins through '..<e Chief ot FTiRlr.ecrs. may re-
the River and Harbor Act of 1003 (82 Stat                undor thi.. roetion for a project at a single             quire j-.hall awee to ;.a-h c^ndltlans of co-
1.1\) if- hereby mMl!:i^J to provide- that the           I-vnlity If ;-.uch project protects cm area               operation ,TA tlic Seirrei.iry ol the Army, act-
non-Federal Interi-.-t.s .-.hall contribute 1 2j pfr     which ha.-, bcou dtfl.trod lo bir a m.ijcr dl^-           srtf. throitrh the Chli-f of Enslneero. dctor-
centum ot the c^.:: c-r aroa.; required for              .i^t^r area pur..n.-int to ihe Dt<i---.ter Rrlicf         mmes jipprojir.atc. except that, siich condi-
Inlllil and sub. equent di-.pa'kil of :poll. nnd         Act of 1V"M or the D;-<v.,ter Relief Act of               tions r-h.ill he .iiri'.lar tr> tli"*.* required for
ct m-ce.<-.'iry ri-ttilnlm: iUX«-.", bulkheads, nnd      ir«"o m the u'-e-jiMT ptnod imm:dl.>U-ly pre-             .•inillnr proftel THirp.? e:. In f.Tr.'f F»Jcr,il
              nts theri.-f<>r                            rt-dli>c tho rtnte tht fhlrf of Eu^lnivr.. deoni:
       » Tlu- requlrenic-n'.-. fi.r rippr-pmti> n<«n-    Mich v^r.-: advj:--«b:r. The pruvl: lur..-. of lcc.il
                                                         t':op>.-r:it,cin : rnvllivd la .-.c-ctton 3 of the           £Vc C7. The project lui n.tilr.ill''-ri ..' Mur-
           Interest or inTerivtn to ftirnl-.h art                                                                  rell.. Jr.let. !k.urn Caruiir.,i. authon-red unclcr
          -nt to contrl'Jtt!.. 2j por reuruni of t'i.-    Flo>d Cunir.--! let of Juno y>. lfU'>. as                provl .luiis nt :«_v:toti ail of the FI<:oj Con-
                  CO.T-. t>s .-ft forth tn -nf>.-v-      fimi?nt'i.-d.:h;<ll appl;- T,,t «<jr!: i.l-ftll be com-   trol Act ol O'toivr J>7. Ui.'ii ir.iMIc law 8?
li i) l.i) rh.-.l] bp vc.Mvctl by the «f .-rotary (<1    pK-tc 111 IL -if Ai.<i rtot rnnuiiit t..e United          2J3i. l-^ hori- bv n'--diiif« l-i nuth'>rl,v and
t. «.' Armr up'.n a utulm- by th<» .idmmt.-              Sla'.-".. 5" iiny ;idflli H.»: I ihiprnwiln 11 M          diroct T^P t <vrc-rair of tl.c Armr. nctinn
tru..r r.f Hi? En'.lr.Mimi-ut.'il Protivtjr.n            IHMIIV I' - ;.v." • !>il r.pvr.idoii. r' «•;.? n., may    thrnui.h :ne fhu-t <>f r.n- .li.r-pr. . tfi pe:forjn
A -t iicv that fur the arc-;* <o v.hl^h tteh c.->n-      re^.ult fr.'-m <hf ri'-rrt :»I prt-ci-dn,- H,inlylnt-
• tructlon fippltw, the Si.-itp fir suite, In-           td prolerv. dnlhori^rd i.ll.-r ,»t.ml .i-rx ..t           ;.U.'li imcTiirruJ urcdon,; r.pcr.iUvr».i ftr. tin
                                                         prrlimln.'iry f v.imin,4U")i i.nd . un c.: r<pnri-. "     Chlf-l of r'n :m- IT.. <V-tomilrir.-. ntvirc,^:iry to
V"U«I, Interstate n'V.nT. n.iinii<ip:iiuy, and                                                                     ni;iint,.«i ch.mni'l ilrplU:-. :ufflili-nt to prr-
i iJ\tr appropriate p,.ll(ic.il subjivlrlom of               SK-. es. (ai Tlio Socret-irv ot the Army,             niit tr.-o titi'l -.^fi- n.'.irmM.t. if v^ -f}i until
thr State- nnd Indu .trlnj concern-; nre partlel-                              Uw- Chief of En^lnoi-rs, I-         such Itnie ;i; Hit" au!hf>rj.Tfd projfof li con-
p.idniT In nnd In compliance with nn ap-                                 lo jwrform Mich v:orf: :«. may be         f.tniotrd.
 February 13, 1974                                CONGRESSIONAL RECORD—HOUSE                                                                                 H719
       SEC. C8. (cV The Secretary of the Arm?.            by non-Fodi-ral interests and to expend rucfc              SEC 77. (a) The Federal Water ProJ-ct Rec-
   actlns: through the Chief of Engineers. Is au-         funds for the preparation of the surrey re- reation Act (70 Stat. 213) Is hereby amended
   thorized to "u&dcrtsl:e the pb=sc I design.            port nnd accomplishment of the cdvanccd 05 follows:
   memorandum stoic of advanced en^lnferlr.^              eaRlacertnj: and dcsljin authorized and di-                  (1) Strike out "and to tear not !«•-. • than
   and design of the pro.lect involving the               rected by this section. Such funds sbull be one-half the separable coc.ts of thi- project
   WjIIa-:y-HidaI.eo Fioodwaii-r Bypass. tse I^i-         r-paid to such noa-Foderal Intercx-ts out of lUJocatttl to clthir or both 01 said purp&xr..
   Kjn.i Madre Floodw-ster channel. and th*               moneys approprjatfd for construction of the aj the cas« may lw~ in section 2(ai and insert
   North Floodway Ch-ajjel In the L^vrcr Rio                                                                      la llei: therc-of "and to bear no: Ic--'-.- than
   Gras'J* Basin. In Wtllacy. Htdalro. and                         . 72, The project f'Jr                          onc-btll ^r- sirx.jMi?. corte oi ine projt-ct
   Cameron OvinM-^ T*-?---- nsbf-ia-it-sIS? !a                   xlam and bcacji i-ro.-Ion control at Er;          alienated to r.-crout!on, iind to bear ono-
   ar-.-ordance with tlie recommendation* for                        ay Inlet to R.>ii-.73y laid and Ja- qutirtor of sucii «M5'-s alienated to Ji Ii and
   phi«^ I contained in tic cc-mpr.-Jieu.-lve             mr.i.r.'t Bav. Nt-jr York, autliomt-d by the Wildlife cnhauc'iment".
  s?»jdjr and plan of devclconvvt. Lower R:o              Flood C-JTjtroI Act of 1PC5 (7? Stat 1O73I. Is              (2) Stride out "r.ot more than one-half
   Grande Bi'-ln. Texas, dated Ju!> IOC?, pre-            hcreliy modHicd to authorize the St.-crot2.rT of the separable cor.^;~ In t>:tlon 2 i a t i 3 > and
   pared by the United States D^pirtmcnt of               the Army, ailing through Hit CHUT cf En- instrt In lieu tl-.ereof "not more than one-
   A'-rljulture in cooperat'.on with the- Tcsas           rinccj;-. to conuscnct- wori: oa tilt- t>&ch half the reparable cojts of the project allo-
   V.'^ter Development Board, the- Tes.v. a'tate          f^tr.icn control aspect of the projc-t. Inde- cated to recrea:lon and esactly three-quar-
   3311 ani Water Csve-ratton B-?ard. EiJ the-            pendently c-f the hurncin'L-il<x-d p.'c.r<N-t;on ter; of iruch cost, allocated to Ji-<h -ind Wild-
   Texas Water R:cthts Commi^lon. •>-'. an efii-          ~TC-rt of the pro;cct. Coa.-tnict»n of the Ilit- enhancemont".
   matcd Federal cost of SWO.WW.                          beach crc'jion control arpo-t of the project                l3) StriSe o:it "Ow-ar not li^i. th.iu or*—
       «bi The Sowtary or the Armv. Jn t&-                nay commence TolIowiD? the comp'jrtioa of half the cc,-ts or lands, facilltlt.-. and project
   opem?!on with 'he Sv-roiary of Afrit-nit !>f*.         environmental s tudics rc<^irdlni; that a;-pi-ct. mooitications provided for cither or both of
                      re.voaaMe .u-.-.uran;es th.'.t »n   conducted pursuant to the National En- thc-sc purposes, as the case may bo" :n sec-
               te land tr*«raent prft?nun satisfac-       vironment.il Policy Act of UCO. ^Jothln^ lion 3(bi (1) and insert in lieu therc.>r "bear
   tory to -he fccret.irj- or Agriculture ail! be         herein rh:tll Incrcife or roduco the pcrcent- riot lc-> than one-half the coot; of Sands,
   installed w provide necessary pro-e--i!o.. .-•>        av e of total corts or tin- en:ire proji-ct to be racilitieo. and project m<;dluciit:onj provided
   •ho watershed lands find planned -.'ruft'iral          i->r.t.'ibu"cd by the a-iTt-rted non-Federal for recreation, and Trill bear one-quarU-r of
               K!: that non-Federal entitles — UI cc-     :nUrt-ts.                                               .•nich co^s for si--h :oid wildlire cnhan«-
              all land rights needed in ccniijc-lo:!          SEC. 73. (a) In the irurvcr. ptonninj. or ment".
            the con.'^rucUaa of the worfc" of Im-         dt-.-jpn by any Federal agency of any project               ib) The amendments made by thi;' ;••.••?-
   provement au'ho.-lTetl by tfcl? Wi!!rtn. and           involvlnc; flood prote-nton, cort-ideratton 'Ion shall apply lo all projects the con--unc-
   •!ia: ^u-'h entries wl'l operate and rc-iln'-alii      shall fac plfcn to nonstrtictur.il alternating tion or which is no: fututantlally completed
   .inr wpsrwirn .-tructxiral for!:? of :m*>rote-         to prevent or reduce Hood damaces Including, on the date or enactment of this Act.
  m-.-n: on non-JVdcral iar.ds.                           but not Hn.itcd to floodprcolin^ of struc-                  tci In the cace or any project <li author-
        ic i NM's-IUir.tandlnvj :<r.y o-lier pr-j'tior.   tures; flrxxl plain regulation: aequlrltion of ized subject to specific cosl-sharin^ require*
         12-v or rorutUlon. the cU-ft er..lron-           flood plain lands for rc~eatlonal. ftr-h nnd ments which were based on the i-jmt- pcr-
r
  mcrtal Impact r.VTvmer.t prepared on :?ueh              •n^ldllfe. and other public purport:: and re- centareJ as those established in the Federal
   ".vir'-ts of improvement by :he "Soil Con.'-erva-      loratlon with a view toward formulating the Water Project Recreation Act. and i2> con-
   Tton Scrvli-e pursuant to 5^..;t&n l<Wf2iiC(           most economically, socially, and environmen- struction of which Is not substan---.ly com-
  r-f the Ntitlc-iiiil Er.vlronmental Policy Act          tally acceptable mean? of reducing or pre- pleted on the date of enactment of sl.ls Act.
  i-h--.ll con«ntute the draft envlron-ncntal Im-         vent Inj: tlocd damajre^.                               the cost-shartni; requirements for mch proj-
  ran statan*at on nich worto tr authorised                    (bi Where r. nonr-tructunil altern.".tlve Is ect rh:,ll be the sair.» pcrcentagci: as arc e/-
  •»v OM rertlon. and s>icii draft statement              recommended. hon-Ft-dem! participation taMlshed hy tlie amendments m-'ide by tub-
  : -'-mil be circulated to Federal s,:enc!c.- and        .-hall I* comp.irabie 10 the value of lands, -.•cctlon (a) of this section for projects wiilch
  o ?<cr appropriate parties at .-uch :!zne a- the        t>.vs*ra«>nts. and rlchls-of-way which would we subject to the Femoral Water project
  So-rct-iiy of :he Army dtc'^?                           havo been required o: non-Fed;ni! iniorf.ts Rtcrcatlon Act.
       Src. 65. rhe p'«|«f for h^sch ero, ion fon-        under section 3 of the Act of June 27. 1035                SEC. 78. The project for tloc<J protec'.jon on
  Trt and hurr. *ine ittd^: Soodtri7) pr.j-.rc-            i Public Law Numbered 738. Seventy-fourth Indian Ecnd Wash. Jtirlcopa County, Ari-
  I'-t-n in Dndv? CsunT. Florida, authorized by           Conjjresr.i. for structural protection meas- zona, authorized by the Flood Control Act
  •.•£-cti.7iJ 20J of the Flood Confol Act of             ures, but in no event shall exceed -'0 per of IOC5 (7« Stat. 1033> u hcreoy modified
  Aujni>t 13. IOCS (Public Law ?O-!e3i. !.<:              centum of the project cort.- .                          to provide Uiat nil costs of the .--Iphon -y. -
  Siereuy modiiled to provide lor Iiltb! con-                 SEC. 7-1. The project for water qii-iHiv con- ttm from the Arizona Canal, required to be
  struction br n.^n-Foderal ls«tcr*=V. and for            trol In the Arkansas-Red Rnvr Basin. Texas. provided In connection with the relocation
  r.iiVequi-ii' ' fi-turo noarthmciit by Federal          Oltlfihoma. and Kan/os. autnorl2ed by the •if Irrigation facilities shall be pa.d by th<?
  f-r non-Federal In'rr^-'-,-. of the 085-mile            Flood Cf ntrol AcU of !»£•» and 1070. L- here- United Swtcj..
                  re,-;men»: Immellatcly foi«h of         by modified to authorize tiie S-.-crctary of the           SEC. 79 The mujt1ple-purpo>- pinn iV.r the
                 Hanlovor In!.-t. and for rclmfcurse-     Army, a.llrp through the Chief- of Engineer; Improvement of the Arkansas River ;ir.d trib-
  m'-nt of Hi* ap^Ili-able Federal ?hare c! :ho.-e        to Initiate construction oi the area XIII uMrles. authorlred by th» Rlrer and Har-
  prolert c.vr.5 ap originally nnthorLvrd. Fed-           feature f>r the project, con^Ntlni; or a low- bor Act of July 24. 10-10. a.- nmendcj and
                                                          ilox dam. pumping Kt.it!on and pipeline, and
  eral reimbursement ihall be contingent upon             a brine d:un. prior tx> the npprov.il ref(Ulrcd modUied. Is hereby furtherthe Armj. to au-amended
                  by the riilcf of EnTlnccr/. prior :o
  V>nimoncoment of the work, of the derailed
                                                                                                                  thorize                    of
                                                          by section 201, of the Flr>od Control Act of rnroiiith the Secretary Engineer.:, to reru^ 11711
                                                                                                                              the Chief of
                                                                                                                                                                actint
      lans A«d sptolfientlc-n.-. {<-T accomplthiiuT                                                               the r-tor.i^e provided In the Oolosrah Ri.-.^cr-
           wort: a.; beln^ In a'-«'d.'ince wirh the           Src 75. The Secretary ut the Army, acting vulr for hydroelectric power production to
  a«thorlz«I project.                                     through thi- Chief or EniTineerj. It. nuthor- municipal nnd Industrial water .-.upplv ur.d
       SEC. 70. section 107ib» of the lilrtr and          &r& and directed to study the need for and to m.-ike such storage available for .-wli pur-
  Harbor Ac: i-r lr»70 i&l sr.-,t 1818. lC2tt) 1.1        means of providing visitor protection r-en-lces po.cs under ihe Water Supply A>-t oi 1038,
  hereby nnii-nc.ec by ddetlni; "July 30. I!'"-!".        at v.ttor rcroiircrt devc-Jopmert project.? a:. Amended.
  rind inivrtlnp: In lies fiereof -De'remb^r 31.          •uni!tr the Jurt diction ot the Department o(
                                                          the Army. J.ndr 'o report thereon to the Con-              Sec. 80. (at The Interisi rate fornitil i to ix>
   ir'76". and cMi-tlnr; "TCJOOOOO". and ln.-<rt-         rrcf^. with ht . recommer.d.-itton-.- not Inter u.-ed In plan forrniilatioii and eviiUi.ition for
  ing In lieu tli*reof "<r>.5flci.MO".                    than December 31. Ui7-}.                                dl'-countin^ future beneiitr. and oMnpu'-liup
       SEC. 71. Th>> Socr.-t-'in- of U^e Army ,v»ln^                                                              c/>.;w by Federal onicer.--. employfc . dtp in-
   thrOTirh the Chief of Engineer.:. fb.-.II ;'.nb-           Ere. ~r. Tin- parri'-mph ->t .*.-.T|on L'o.t ft the ment-% u'Tcncle.:. and ln:-tniment.ill(ti-. in ilu-
  mlt to the Centre. .-• nr.t jafirr !hr>n Jiine .10.     Flood Control Act of ISiIrJ. Public Uif. 83-78.1. prcjiaratson of coniprchenslre n>> u-na! i-r
  lf'7-l, the "nirvcy rciwrt autlion/od by rivo'u-        aufhonnur .ir.d directing the SfCTV^\ry of rUi-r bj-^Ui pJ.iri.--. and the formitlntirin ;ind
  H«->ri of the Commute.? on Public Wortr.                tlie Arniy. actim: thrriiii'h the C1>lcf nf Hn- v\.iliiAtion ft Fedor.tl v/atcr and ri.-l.iifJ I.ind
  Hotiv of Repriv.or.t.i!l\f-. darrd O;ro1;i-r 12.        yini-i-r.'. to conduct a 'urxey <*l th/» Croat r«-.••ourtii\. proji-^;-. shall be ihe Kirmui.j ..._-t
   K'72. coiccrniii" n m>x!lili-atirn of the- Cffir-      £"Uth Bny. Sew Yt-rh f. •tni--r..i»*l t" read ns forth In the "Politic.-.. Stand.ird.. :<;xl Fr^-
  piM Chrl-.tl fhlp chA.incl. To\ff% project to                                                                   cc'liire;. in the Fumnnl-ilion. Evnlu:i'lon. ;ind
  profit? incrw-'ei! d-pths and width-: in the                         Pouth B:iy, New Y.>rfc. iriclt,i1mfr fho Ri-rlcw of Plans for V e and Drtelopmrnt
  entrance chnnnclr. from rhe Gulf of Mexico              v.:itor; of adJnlnloT U--/T h.ij.. ar.d inlot; of W.iter and Rrlatvil Lint! Reviurv.' .ip-
  to ri deeper draf'. la uon- porf in »ho vlclniry        v.lth n-.'Fivt v> water utilli'<<ilon ;md control. prrtVi-4 by tin? Trf Itlrn' on M;ty 15. l;'ii.J. .ind
  of Ilarb.i.r Ii.i.ind. T«iv; and -Jitill coniplotr      Such lrm-:.ti • .tioit. nnd i.tucl..' ;h.ill Include. putill iifcl ,u~ fen.ite Di".'«irrtont fiT of HIP
   tht> ndrancfd tni-tnccrmi- aid di- l ,-n fi-r          but no', be limited to. navlr-itlc-n, n- lit-rif:.. Ei -I t;.-. ..vi-nih d'-n.-r.- -: on Mny 2:'i. t-.'Cl. ;-;
  such inf-dif.c;iTlon l>y Jiino 30, lf'~'                rt'X-d c.-mrol. cc-ntr..l of nr.\»cit. weed-., ts.itir r.nn.-nili.d by the ri.-i'ui.-'.lon t-.uid hy tin-
   .tclrunred erifinct-nnf: and d-l|.n rn'iy b««          pollutlun. w.iter f| utility control bi.ieh V.'u'er Re ourciv. C<nini'II mid pubU-lud In
   Atvompll'Oicd pnor tn au(hori:MTion ff rne             ero. Ion. .ind recreation. Such ..uney .•.l^.-'l ho UIL- IVJi r i) T?i--I '(-r «.n TVcrmb--r S-l. lin'O
   modlftcntlon. The SfiTeturv of tho Arniy.              provided fo the Con^rc: -. by July 31. '!'i"5. ,trid I.WFP.. 10170; J B C F R 7iM.'W».imi;l L,:|,ir-
   ncMnf! through the Chief of Enrlni <-rr. i;-           ^hnlI Include tlie u «• of n c<Jiiipr'>i>-nsivp ui -•> pro-, uli cl bv .1 v.Tatii'^ cn.'icti-d nfu-r iho
   authorleed to accept f ,U;<1 . rn.idc nx,ill:>blo                                                              <luTc of i-ri..c'merit of till.. Ai-t. Evi-ry r>ro\.i-"

                                                                                       153
 H720                                         CONGRESSIONAL RECORD — HOUSE                                                  Febnwnj 13, ld't
  ilon of law and every administrative action        a central sewage collection and treatment             protection against a one/ hundred-year flood;
   In conflict with this section Is hereby re-       facility and other necessary municipal fa-                (7) develop a Kind management, planning
  pealed to the extent ot such conflict.             cilities.                                            process acceptable to the Secretary of the
       (bi In the cose o* any project, nuthorlzcd         (c) The compensation paid to any Individ-       Army for tho entire watershed. Including
  5>*fore January 3. 15C3. ir tne appropriate         ual or entity for the ta'rlng of property -under    Arlington and Fairfax Counties and the cities
  non-Federal Interests have, prior to Decctn-        this section shall be the amount due such           of Alexandria and Falls Church, to Insure
  Svr 31. 1060. given sa'.lsfac;ory assurances to     Individual or entity under the Uniform Re-          that future development In the basin wsll
   piy the required non-Federal share of proj-        location Assistance and Real Property Ac-           not result In Increased ninoJC v.hlch would
V;t costs, the dt-councTate u» uc-usvd-lTi ttic       r.v.tr.'.tt=n 2cUclf? Act of 1D70 less the fair     impair the effectiveness of the Hood control
  computation of benefits and costs for Sitch         mari-.et v'-ilue of the real property conveyed      improvement;
  project :>hall be the rate In effect Immedi-        to such Individual or entity in the new town.            (8) develop a land use mansjemcnt plan-
  ately prior to Dec- .nber 24. IOCS, and that        Municipal ficllltles provided under the au-         ning process salt-factory to tte Secretary
  rr.'o .-hall continue tc be used for such proj-     thority' or this section shall be substitute        of the Army for the area protected by the
  «t until construction has been completed,           fa.eiut.ea which serve reasonably as well as        project and other areas within the Jurisdic-
  un'.fcii otherwise provided by a statute cn-        those In tiic existing town of North Bonne-         tion of the non-Federal" Interest or Interests
  W,'*fl after the date of enactment of this Act.     ville e>...-ept that they shall be constructed to   furnishing the cooperation for the project,
       ic i The President shall mafce n. full and    such hl^aer standards as may bo necessary            which w-ill injure, om-jnj other things, that
 rr-sn'ilete Investigation and study of prlncl-       to comply with applicable Federal and Stn!o         future development nil! not be permitted in
 D>S and stiiniiards for planning and cvaluat-        laws. Add'it.or.al facilities may be constructed    flood prone areas unlive suitable structural
  l^i r water and related resources projects.         or hiit.tr otandjrds utilized, only at the ex-      or non-structural ftuod control measures are
 Such Investigation and study shall Include.          pense uf appropriate nvin-Fcdcral Interests         lirst undertaken by nun-Federal public or
 but not be limited to. consideration ot en-              tdj Before the Secretary of the Army ac-        pnvatc intcrc^us at no expense to the Fed-
 hancing regional economic development, the           quires any real property for the new townslte       eral Government:
 Duality of the total environment Including           appropriate non-Federal Interests sh^ll fur-            t9) contribute in c,v;h toward construc-
 Its protection and Improvement, the v.-ell-be-       nish binding contractual commitments that           tion of the project a Mim estimated at $2 -
 Inz or the people of ?hc United States, and          all lots In the new townslte will be cither         439.000. as follows.
 the national economic development, as ob-            occupied when available, will be replace-                (Aj city of Alexandria—one-half of the
 jectives to be included In federally-financed        ments for open space and vacant lots In the         cost of construction of the channels and
 water and related resources projects and In          existing town, or nlll be purchased by non-          floodwalls between Commonwealth Avenue
 the-evaluation of costs and benefits attrib-         Federal Interests at the fair market value          and Interstate 05. In the city of Alexa.-.drla.
 utable to such projects. ai Intended In seer            SEC. 84. <al The project tor flood protec-       or $1.500.000. whichever is greater.
 tlart 209 of the Flood Control Act of 1970 (84       tion on Fourmilc Run. city of Alexandria and            (B) Arlington County—5500.000.
Sias. 1818. 1829). the Interest rate formula         Arlington County, Virginia, approved by                   (C) Richmond. Frederlcksburg. and Po-
 to be u&cd In evaluating and discounting                                                                  tomac Railroad Company—5439.000;
 future benefits for such projects, and appro-       resolutions of the Committees on Public                  (10) pa,- 50 per centum of the separable
 priate Federal and non-Federal cost sharing          WorKs of the United States Senate and House         costs of fie, project allocated to recreation.!
 for such projects. He shall report the results      of Representatives, dated June 25. 1070. and         consls.tc.it with the Federal Water Project
qf such Investigation and study, together            July 14.1370, respectively. In accordance with       Rcciw.»lon Act (Public Law 8D-72)
 with his recommendations, to Congress not            the provisions of section UOl of the Flood              tcj There !s authorised to be appropriated
 later than one year after funds arc first ap-       Control Act of 1965 (Pujllc Law 84-238). Is          to the Secretary o' the Army for construc-
 propriated to carry out this subscctlc 3.            hereby modified to incorporate the following-       tion of thft Fourmlle Run project not to ex-
     SEC. 81. The Secretary of the Army, ar'lng           (1) A channel capacity sufficient to ac-         ceed *20.531.0'>X). plus or minus swrh
 through the Chief of Engineers. Is authorized       commodate flood flows of twenty-seven thou-          amounts, if any. as may be Justified by
and directed to study the feasibility and            sand cubic feet per second-.                         reason of ordinary fluctuation In the cost of
practicality ot constructing operating, and               (2) An increase In channel bottom widths         construction as Indicated by engineering cost
 maintaining In the vicinity of Duluth. Min-         along Fou'mlle Run from one hundred                   Indexes applicable to the type of constrw-
 nesota, a hydraulic model of all or a part of       seventy-five to two hundred feet from Mount           tlon Involved. *
 the Great Lakes and their connecting chan-          Vcrnon Avenue to Long Branch ar._d from one              SEC. 85. (a) The projects for Verona Dam
nels and an associated technical center, and          hundred fifty to one hundred seventy-five            and Lake. Virginia, and for Sixes Bridge
 to report thereon to Congress with recom-            feet above Long Branch, and. along Long              Dam iid Lake. Maryland, are hereby author-
mendations no later than June 30. 107G                Branch, from forty to sixty feet.                    ized substantially In accordance with the
     SEC. 82. Section 5 of the Hood Control               (31 The deletion of the pumping stations,        recommendations of the Secretary of the
Act approved August 18. 1941. as amended             ponding areas, and levees, except for n short        Army in House Document Numbered 91-343
 (33 TJ.S.C. 701n), Is amended as follows-           Icvcc on Long Branch, nnd the substitution           as modified by the recommendations of the
      (1) The first sentence Is amended by           therefor of bank retention structures. In-           Chief of Engineers in his report dated July
striking out "In the amount of $15.000.000".         cluding walls where required due to space             13.1073. except that such authorization shall
      (2) By inserting immediately after the flrst   limitations, and Hood proofing by non-Fed-           be limited to the phase I design memoran-
sentence the following new sentence: "The            eral Interests of existing nnd future struc-          dum of advanced engineering and design, at
Chief of Engineers. In the exercise of his dis-       tures as necessary to provide protection             an estimated cost of si .400.000.
cretion. Is further authorized to provide            against a one hundred-year flood:                        ( b ) ( l ) Prior to any further authorization
emergency supplies of clean drinking water,              (41 The addition of recreation as a. project     of such Sixes Bridge Dam Project, the Sec-
on such terms as he determines to be ad-             feature. Including pedestrian and bicycle            retary of the Army, acting through the Chic,
visable, to any locality which he finds Is           trails, active hnd passive recreation areas.          of Engineers shall (A) make a full and co:
confronted with n source- of contaminated            picnic areas, and protection of existing             plcto Investigation and study of the fu'u;
drinking water causing or likely to cause a          marshland area                                       water resources needs of the Washington
substantial threat to the public health and             (b\ Prior to initiation of construction of        metropolitan area, including but not limited
welfare of the Inhabitants of the locality."         this project, appropriate nou-FciScrtil Inter-       to the adequacy of present water supply,
      (3) The proviso In the next to the last        ests shall agree to—                                 nature of present and future uses, tltc cifcct
sentence Is .amended by striking out "of said           (1) provide without cost to the United            water pricing policies and use restrictions
sum," and Inserting In lien thereof the fol-         States all lands, casement, and rtghts-of-           may hare on future demand, the feasibility
lowing: "of sums to such emergency funds.".          way neec-ssary for construction of the proj-         of utilizing water from the Potomac estuary,
     Sr.c. 83. (a) The project for BoniicvlIIc       ect:                                                 all po.wlble water impoundment sites, nat-
                                                         (2) accomplish without cost to the United        ural and recharged ground water supply,
Lock and Dam. Columbia River. Oregon and             States all relocations and alterations to ex-        was'.cwater reclamation, and the effect swh
Washington, authorized by the Act of Au-             isting Improvements, other than railroads            projects will have on fish, wildlife, and pro"
gust 30. 1035 (49 Suit. 1028) and the Act of         nnd the George Washington Memorial Park-             ent beneficial uses, and shall provide rec-
A«r.'uM 20. 1937 (50 Stnt. 731) Is hereby            way Bridge, which may be required by tho             ommendations ba.-ed on such investigation
modified to authorize the Secretary of the           construction works. Including the recon-             nnd study for supplying such need-., and »B\
Army, acting through the Chief of Engineers,         struction of the existing United Suites Rovito       report to the Conirrc.v. the results of swh
m connection with the construction of the            1 highway bridge with Its anproach ramps;            Invc.itIjjatlon and study together with such
P-onnevlllc second powerhouse, to relocate              (3) hold and save the United States free          recommendations. The Mtidv of mca,.ure< tci
the town of North Bonncvillr-.AVn:-hin>!ton. to      from damages due to the construction works;          meet the water rnpply needs of the Wrish-
;i r.nv lownslte.                                       (4) maintain nnd opernte all tho work.*;          Ington metropolitan area shall be coordi-
      <b) As part of :.uch relocation, the Secre-    after completion In accordance with regula-          nated wltli the Xorthe.V'tern United State?
tary of u\e Armv. net in? ihrmi£h the Chief of       tion's pre.-;ribcd by tho Secretary of lno           water supply ..tudv authored by the Act of
Fn>:lriet»rs. is authorised to cooperate In the      Army;                                                October27. 10iJ3 <70 Stnt. 10731.
pl.irmtni; of a new town with o'her Federal              (5) prrverr. encroachment on tlio project           (2) Tno SfT..i-iry of the ATTOV. ae<»u<»
u^eneles and appropriate nan-Foclcr.O inti^r-        flow! ehann-U thnt would decro.v* the ef-            thrown thf Chu-f <>f Engineer•. -.hall unilrr-
tv.t,:; to ncquirfl hinds neces.,.irr f«r the new    (vcilvrnp-sof the flood control Improvement;         takr> an liive.tl.;.i',i,.n und .tuilv of the- «.e
town and to conw, :":: •<> Mid lands to                 (fl> i-Torlde fit their own expense flood         of country w.xtor.i to iloiormtin? the fr.iMbtlitv
indlvldunli, bi\slne,^ or other entitle.-., and      pr.oiinf: of cxl.Unc nnd future building nnd         of M:\af .,ucli W.I(>T. a.. :» '.crt»rci» of w.iti-r
 to the town as appropriate- anil to coiv.truct      other muoMircb us necessary to provide Hood          Mipply nnd 13 nutlu>rl/cr| lu con .iruct, op-


                                                                                  154
February 13, IS74                                CONGRESSIONAL RECORD ~ HOUSE                                                                             H721
i-rate. and evaluate a pilot project on the               vided at Federal expense. Fur'hcr. the: ad-             000.000 to carry out the modiucutir-n au-
Potomac estuary for iho treatment of such                 ditional culverts through the west protection           thorized by this section.
waters at an estimated cost or JC.000.000. The            levee be provided as necessary for the In-                 SEC. 92. (») The hurlcane-flood protec-
Secretary of the Army, acting throURli the                creased flow.                                           tion project on Lake Pontchartraln. Louis-
Chief of Engineers, shall report to the Con-                  SEC. 88. (a> The project for flo«l control          iana, authorized by section 204 of the F>«xl
gress on the results of such project within               below Chatlield Dam on the South Plattc                 Control Act of IOCS (Public Law 8P-2:'8i Is
  liree years after commencement of operation             River. Colorado, authorized bv the FJood                hereby modified to provide that non-Federal
in' such project and such report i.hall include           Control Act of 1950 (64 Slat 175|. is hereby            public bodies may agree to pay the unpaid
'he results of two years K-s-tlnc at the pilot            modified to authorize the SercUiry c-f the              iMiaJicc of the cash payment due. with Inter-
project for tlic treatment of water from the              Army, acting through the Chief of Er.pneers.            est, in yearly installments. The yi-.iHy in-
Potomac estuary.                                          to participate with non-Federal interests li            stallments will be Initiated when -hi- Secre-
    i3( The Secretary of 'he Army, acting                 the acquisition of lands and Intcrc: t> thcrnn          tary determines that the project is complete
through the Chief of Engi: tcrs. shall request            and In tlie development of recreational fa-             but in no case shall the initial tn^tallrntnt
the National Academy of £c:encef-N.-.;ional               cilities immediately downstream of the                  be delayed more than ten years after the
Academy of Engineering to review and by                   Chatlicld D.im. lit lieu of a portion of the            initiation of project construction. Each in-
written report comment upon the ?--icntiuc                authorized channel improvement for the                  stallment shall not be less than one tv.ruty-
brills for the conclusions reached by the                 purpose of flood control and rccrr-ation                nfth of the remaining unpaid balance plus
investigation and study of the future water                    lb) Such participation shall tli consist           interest on such balance, and the to:al of
resource needs of the Washington luetro-                  of the amount of savings realized br the                such installments shall be sufficient rO
polttan area and the pilot project for the                United States, as determined by the Secre-              achieve full payment. Including interest,
treatment of water from the Potomac estu-                  tary of tzie Army, acting throiiph The Chief           within .wenty-llvc years of the Irittiai.on of
ary. Such review and written report shall be              of Engineers. In not constructing that por-             project construction.
completed and submitted to the Congress                   tion of the authorized channel Improvement                  (b) The rate of interest on the unpaid bal-
within one year following She completion of               below the dam. together with such share of              ance shall be that specified in section 301 ib)
both the Corps of Engineers report on the                 any land acquisition and recreation develop-            of the Water Supply Act of 1958 (Public Law
future water resource needs of the Washing-               ment cosfj=. over and above that amount,                85-5001.
ton metropolitan, area and the report on the              ihat the Secretary of the Army determines                   ie) Any payment agreement pursuant to
results derived from the pilot project for the             Is comparable to the share available under             the provisions of this Act shall be in writing,
treatment of water from the Potomac c*tu-                 similar Federal programs providing linnncl.il           and the provisions of subsections ibl. (c).
ary Completion of such review and written                 assistance for recreation and open spaces.              and (c) of section 221 of the Flood Control
report by the National Academy of Sclenccs-                <2> In the Instance of the aforementioned              Act of 1070 (Public Law 9I-C1I) shall be ap-
Xatlonal Academy of Engineering shall be a                land acquisition, be restricted to those lands          plicable to such written agreement.
condition of further authorization of Mich                deemed necessary by the Secretary of the                   SEC. 93. Section 107 of the River and Har-
Sixes Bridge Dam Project                                  Army for flood control purposes and <3> not             bor Act of 1948 (GZStat. 1174) is amended by
    (4) The Secretary of the Army is .'nitnor-            otherwise reduce the local cooperation re-              striking out "$22.000" and inserting :n lieu
        to enter Into appropriate arrangements            quired under the project.                               thereof "445.000".
with the National Academy of Sclenccs-                         (O Prior to the furnishing of the par-                SEC. 94. (a) The Secretary of the Army act-
Xatlon.il Academy of Engineering for the                   ticipation authorized by this Act. nojj-Fcd-           ing through the Chief of Engineers, is au-
purpose of this subsection                                eral Interests shall enter Into a binding writ-         thorized and directed, in coordination with
    (c) There Is autnorlzf-d $1 000.000 for the           ten agreement with the Secretary of the                 the State of Kentucky and appropriate local
purposes of carrying out the provisions con-              Army to prevent any encroachments In                    agencies. (1) to repair existing flood damage
 tained In. paragraph (3) of subsection ib)                needed flood plain detention areas, which              to River Road at Rabbit Hash. Eoone County.
    SEC. 80. (a) The Secretary of the Army,               would reduce their capability for flood de-             Kentucky, or. as appropriate, to relocate
acting through the Chief of Engineers. Is.                 tention and recreation.                                River Road. (2) to repair existing flood dam-
authorized to assist the National Park Service                 SEC 89. The project for the Ropue River            age to Huff Road (also known as Ryle Road)
in the National Park Service's program to                  Basin. Oregon and California, as authorized            at Hamilton Landing. Boone County. Ken-
plan for. design, and implement restoration                in section 203 of the Flood Control Act of             tucky, or. as appropriate, to relocate Hun
of the historical and ecological values of                 1562 (Public Law 87-87-1) Li modilied to pro-          Road, and (3) to construct needed s! ream-
Dyke Marsh on the Potomac River Such as-                   vide that construction of the Applcgate                bank protection works to prevent future
sistance may include, but need not be limited              Lake. Oregon project may commence prior                crouton damage to public and private facili-
to, furnishing suitable fill material obtained             to non-Federal Interests making necessary              ties at and near Boone County. Kentucky.
from Hie Potomac River or *ut tributaries, lls            arrangements with the Secretary of the In-                  Ib) There is authorized to be appropriated
placement, upon request, and engineering                   terior for repayment In accordance with                not to exceed $375.000 for the roatlnork au-
and technical sen-lees.                                    Federal reclamation laws The Applegatc                 thorized by this section and not to exceed
     |b) The Secretary of the Army, acting                project shall not be operated for irrigation            SGOO.OOO to construct the bank protection
through the Chief of Engineer?, is. author-               purposes until such time as the Secretary               works.
ized and directed to make nn investigation                of the Interior makes the neccs,<ary arrange-              SEC 95 The project f-T Russian Rjvor, Dry
and study of the sllt.iilon and sedlmenta-                 ments with non-Federal Interests to recover            Creek. California, as authorised In section
tlon problems of the Potomac River basin                   the costs, in accordance with Fedora! recla-           2()3 of the Flood Control Act of 10C2 i7C Slat,
with particular emphasis on these problems                 mation laws, which arc allocated to trie Ir-           IZ73). as modulcd. Is further modified to
as they exist In the Washington metropoll-                rigation purpose.                                       authorize and direct the Secretary of the
(an area of the basin. This study Is to be                     Src. 00. The plan for flood protection Jn          Army, acting through the Chief of Engi-
   lade In consultation with the Departments               rlic Big Sandy River Basin. Kentucky. West             neer's, to compensate for fish losses on the
of Interior and Agriculture, the Environ-                 Virginia, and Virginia included In the com-             Russian River which may be aUribuu-d to
mental Protection Agency, and other in-                   prehen.Mve plan for flood control in the Ohio           the operation of the Coyoto Dam component
•terested Federal. State, and local entitles              River Basin, authorized by the Flood Con-               of the project through measures such ar.
and Is to Delude, but need not be limited                 trol Act. approved June 22. 1935 «!> S:at               possible expansion of the capacity of the ti'-h
to. a description of the extent of ;-,iich prob-           157d). as amended and modified, 11 hereby              hatchery tit the Warm Springs D.-im <-om-
lems together with the Chief of Engineer's                further modified to authorize the Secretary             ponentof the project.
 recommendations on fc.iMblc and environ-                 of the Army, acting through the Chief of                   Src PC. Tht Secretary of the Army. .«Mlnc
 mentally sound methods of removing pol-                   Eiielnow.?. to provide all communities in the          through the CMef of Engineer--1, Is authori/i-d
luted river bed material:; to enhance water               Tug Fork Vnllcy of the nip Sandy River                  and directed t> Investigate und riudv Hie
 quality, recreation n;e. fish mid wildlife,              Basin. Kentucky. Virginia, and West Vlr-                feasibility of acquiring, as a pan ..f (he
 navigation, and the c-Mhetl& of ihe basin,               Clnta. with comprehensive Ilood pro*.eciio.n            project for Kehoc Lake. Kentucky. :mThi>r-
 as well as his recommendations on (iliernn-              by n combination of loco I flood )irc>rectlon           l?cd by the Flood Control Act of J'tf.fi. »n
 Uvo methods and sltet lor the proper dis-                works and rc-sldentlnl flood proo:i»p :.imilar          nroa consisting of approximately -I H"f> ;nr«'
 posal of such materials The Secretary of                  10 the mt.v.ureA described by tlit Oi«-f of            for ni.iliitonanco in Itr, naturul s'.i't- :<iul for
 iho Army shall transmit thi.-. study and the             Engineers In the "Report on Tug Fork.                   the purpive of environmental iiivi..iii'.iTi..n-
 Chief of engineer's rveomnwnil.itlons to the             July 1070'. except that r.itch au'lionwitlon               SEC. 07 (a) If the ScrrcUry of the .\mif
 Congress no later limn three jc.-ir trom the             shall bo limited to the plin-=c I cfeMrn memo-          noting throxifjh tlie Chief of Enfl':"T ruiti-:
 dale of enac'ment of this Act.                           randum slaw of advanced encmcprlnv and                  that the propo-.«l project tn .-»li '>.irv
    Sir. 67. The comprohen. UP pl.in lor ilood            df-:.l|-n nt nn estimated cost of $U f uOOij            Maryland, to be undertakf-n at ilii- ii.,-..i.An>
 control nncl oilier purpn-t-.. SVT the Ml.-ul.s-              Sic. 01. The N'ew York Hnrbur ••ol!r<-'Ion         to be electoral nonnavliuble undi-r 'tu <• -
 ••ippl River find trlbuin'-ir... apppv,i-d by the        Jiiul rmvual of drift project !<: hereby mixii-         tjon Is in th^ public lnt<-ro.',t. on 'ur >,., ;•:
 Flood Control Act 01 ,)imp 15, IMC. ft;;                  ii>'tt In afvarclanco with the ri-comrnr-nrl.'itiun;   i>f cni;inivrin': :ttidK-.^ to dctorninn- ';.i :r.-
 iimendrd. ):• hercbj nii'diiiiU toproildr that            roiitalnr-d tn "Survey Report on Ri\ '.c\\ of          mitlon mid structur.il ••t,ibiniy of .im- im):-:-
 The ch.mrif-I of IJ.ijvu C«iurt.iMe;ui hi- i-n-           Project. N>»w York Harbor Collfrflon nr.rt Rr-         hi-.idlni: and HHln': and pt-'rrn.-i'nn' p i : < -
 Inrited from Wa.'liliii:iun to iiif we-.t proteo          m.v.,il of Drift." tinted Jum- ifii.'S r f t - t a     i.upporf'l --.tru.-tur.- . In order to )>r« .r-.v
 'lon \f\ec in lieu ol ihr mohorl/ivl W.i.hlng-            Mnreh IfirtD. and April I!t71. on MI- in -he           ,mtl maintain tlicrenwii'iiniTiinvii'di .• ••...'<-r-
 ton to Caurt.ib'rv. d l M r ion and that the              Oilico. Chief of En|?lnP(T<" Tlirrr I- itii'lu'ir-      w;iv ,m<l »n n\i- bn .(•- i>r pnvlronnienT.,1 TUII-
 ii'..l>t-of-\v.ty and .-poll nrf.i.- then-inr lie pro-     li-ed fo bt .ipproprlnteil not to t - M n j tl-;,-     ks untliicri-d pur tlcuif to fhr N'.iT.'.n.i.1

                                                                                     155
   ,'722                                                 CONGRESSIONAL RECORD—HOUSE                                                          February 1.}, 107.
JnvlronnienUl Policy Act of 1363. tn>-n those                      provide fotd and habitat for a tariety of Federal public bodle.-. for the estimated addi-
portions of the South Prone or the Wlcoratco                       wildlife Seltcuon of ore.^s and dv. wnatlon tional c<j-1 bein; incurred by them for lands
Fiver In WlC"mlco County. State c-f Mary-                          or Ui* s-hall be within the discretion of the :md rtlocation--. In the proposed channel re-
land. bounded and described as fallows, arc                        Chief of Englnc-trs. Section -J01 of the Act ot alipnmciit at the Third Avenue SE. Brtclje in
c^-clared to b-> not a navUable water of the                      June IS. 1335 MG DJS.C. 7l5s». pertamins to MU'ot, Tlie amount of reicibur^able co:t;-..
Cnltcd states within the meaning of the                            the distribution of revenues, is her«by ex- jhall not exceed $200.000.
1-iws or the Cnltcd Stite:.. and the consent                       tended and made applicable to thc^. lands                SEC. 10'.. Notv.-ltbi.tandln^ section W> of
IT! CvuttfroS 13 hcrfiiy S1T..-2. «--V-.tont with                  acquired iiurvundcr by the Doportmer>\ ol tim the River and Harbor Act of 10CG (80 Stra.
 i -.bsection (b) or this section. to th« filling                  Army. Corps of Engineers, lor auupiiivit HC-oi or uu> vthir prc.TV:!os cf the la-r t>i«?
 4» of a. part thereof or the ere.-tion of per-                   purposes upon thtlr transfer v> the Iwp;iU- States of Ihlnols and ^Ilssouri. which are
 manent "pile-supported t-tru^fur.-"- *h«re-^n:                   nunt of th- Interior, or any other govern- connected by the bridge constructed by the.
That portion or the So-ith Pron; of the \Vi-                       mental agency. Mo less than 20 per centum city of Chester, nilnolj. pursus.nl to Public "
 comlco River In S-ULs'wry. Marrl.id.                             of tie funds appropriated each fiscal year Law ~6-~ol nnd Public Law 85-512. =re au-
 bounded on the east by the Ti==t ride of                         for the Cacao Elver project i.h.Ul be appro- thorized to contract Individually or Jointly
 Cnited States Route 13. on tie w«t by the                        priated to Implement mitigation until the with the city of Chester. Illinois, on or before
 west side of the Mill Str«ct Bridie: on the                       full mltijatioa. amount has been appr^prl- June 1. 1974. to ai,.-umo responsibility for tho
 ?3ii'.ti by a line five feet landward from the                    a^-d.                                                 operation, maintenance, and repair of th>>
 ?r;.-.-nt "water's ed?e at h:-h tide extending                       Sec. 100. The Kaife Klvcr Harbor project Chester Bridge and the approaches- thereto
 f-.c entire length of the Syuth Prong from                        on La!:e Superior. Mmncsou. is hcrtbj ra-,di- and lav. lul ei.pcm»s:. Incurred In connect! >a
 tiie e.-u-t boundary at Cni-.ed «•««: Route 13                   Sed to require the Sccrctiiry of the Army, therewith (exclu-r.e of principal, lntere--t.
to the v.cst boundary a: the Mil! Street                          actlnc: tnroush. the Chief of Engineers, to and fmr.iv.in;; char;*.-* -n the out-staadln^ In-
 Brtd .A-. ai:d on the north by a line five feet                  construct such measures as the Chief of Eii- deDttdr.fcvs on ^u«.h bridge and approachejr».
landv.tird from the present "Tiber's edge at                      plnev-rs tletermlnt.3 necessary to correct, the \Vhcn cither or both States enter Into such
 liwl. tide extending the e- riro '.«wrtlJ c.f the                dWIcrn dellcltnc? which result In unsatis- an acareement, all to.Js thereafter charged for
Sroutn Fiyiw from the oafs boursdarr at                            factory entrance nr.d mooring ct-ndlilons at traiiMt over such bridge shall, except as ord-
United States Route 13 t-, '.ho TV: boundary                      such hccbor. at an estimated cost of '5850.000. vldcd in the last tao sentences of this Act.
at the Mill Street Bridjro                                            S£C- 101. The project for Cood protection be used exclusively (A) to retire outstanding
     \b» This declara-lon ^V_:i a?p'y nnly to                     on tsu Baiiaivay River. New Jersey. auth--'r- indcbicdness Oncludlnr; reasonable Inttre^t
The por' ions of the areas d?--cri^ed In subsec-                   Ized hy the Flocd Control Act of 1£'&5 is here- and financing charges) on the bridge and
tion (?.» which iire bu;iu^de<! a:.d ft.Ied or                    by mctliaed to provide that the costs of approaches thereto nr.d IB) credited Into a
occupied by permanent pile-supported struc-                       relocations or utilities wlthm the channel sinking fund established for such brldre Tso
tures. Plans for buil.he-.id..-.; *-£ il"lng and                  wall.; rhall be borae by the United States.            tolls shall be charged for transit over such
permanent plle-suppvr'x-d structures -.hall                           Src. 102. The project »or Hood protection bridge after the outstanding Indebtedness on
be approved by the Secretary of the irmy.                         on the Charlton River, lo'.ra and .Mu-soiul. the bridge and approaches (including reason-
acting through tlie Cluel ^ Sr.^aoers Such                        as authorized by the Flood Co:wol Act ot able intercut and financing charges) has bo
biilkheaded and filled -U-MS or areas occn-                        1'JM IC8 Stat. 12(J2) is modified to au-.hurlze retired, or sufficient funds ore avallab
picd by permanent pi;e-.-<jpp-:>ited structures                   and direct the Secretary of the Army to mate throuRh the slnKln;; fund to pay off till ou*
shall not reduce the existing width of the                        payment of 5700.000 to the Iowa Conserva- standing Indcbtcdr.C;^ (Including reaf-r.iib'e
Wicomlco River to leas than sixty feet and a                      tion Commission toward the cost, of con- interest and financing charges) on such
minimum depth of live feet shall be main-                         struction by such Commission of the Us-h bridge and approaches. If a State declines r.r
tained within such sixty-foot width ot the                        hatchery planned to be constructed for the Is unable to participate in the agreement au-
Wicomlco River. Local .iiterc:^- shall reim-                      purpose of restoring fish losses resulting from thorized by this Act. the other SUite may as-
burse trie Federal GoTi-r.imer.t for ei.Rlneer-                   the construction of Rathbun. Saylorvilic. sume the responsibilities such State wouM
ln<* ar.d all other costs isc -^rc-d under this                   Coralline, and Red Rock Dam and Lake In have assumed u,icier such nn agreement. In
section.                                                          the State of Iowa. ICo ;ucb payment shall that event, the as-sumlnc; State shall be en-
     Sec. 98. The SecreUr: . f the Army, actln?                   be made until the Secretary or the Army. titled to receive from toll revor.ui.-s. after
throu-m th<» Chief of Enjin«.-ers. Is author-                     acting through the Chief of Engineers, shall provision Is made for principal and Interest
ized and directed TO underrate a demonstra-                       have approved the plans for such flbh hatch- payments oi« any Indebtedness then out-
tion project for the rerf.o-al of silt and                        err.                                                   standing on the bridge and 1U tvproaches. m
aquatic t-rowth from Bruadxay Lake Ander-                             Src. 103. The project for the Kansas River. rclmburscmciit. tin amount of money (T i
son County. South Car.-:i..a, a' an estimated                     Kansas. Nebraska, and Colorado, auinonzod less often than annually) which Is equal
cost of $40*1.000. The S'xretii? shall report                     ijy the Flood Control Act ot 1 A (76 btat. to the nonpartlclpatlnc; Statt':i fair share of
to the Admlnt-^traTor of The Environmental                         1180.1187) is hereby modified to provide that the opcratmc. maintenance, repair, nnd other
Protect, ion Agency the f pfcir js far and the re-                the Secretary of the Army, acting through lawful costs Ir.curred In connection with the
sults ot such proji.-c t-5-rether with such                       the Chlof c-f Engineers. Is authorized to re- bridge and Its approaches.
recommendations a.- he <Ii"1 Tm.M-.- necessary                    locate the existing PAS 1313 cttx-slr.c over SEC. 107. If the Secretary of the Army,
to assist In cirryln^ on , thi prcrznati for                      the Vermllilon Creek, ns required for the acting through the Chief of Engineers anc!
tre*h w.itir Infers under section 314 of the                      Onac;.\ Lal:e project, in ndvascc of construc- in consultation with the Administrator of
Federal Water Pollution Control Act.                              tion v' ?«ch project.                                  the Environmental Protection Acency tiTid
     SEC. 0?. Thft Cache River Bv-tn Project                          St:c. IO-I. The reqvilremcnls of rectlon 221 artccted non-Fc-Jeral Interests, determines
Feature MUslsslppi River and Tributaries                          of the Flc»xl Control Act of 1970 (Public that 1 envlronmcn'.il, enplncerln^. and eco-
Prefect. Arkansas, .-iut'norkvd by                  Flood         Ltiw 01-6111 shall not apply to any a^ree- nomV ; considerations m:»V:e It
Control Act approved Mar 17. ISoO. . hereby                       menf?. to include agreements on recre;\t!onal utilize the sontccii of a regional or
modified to provide for .vqii..5i:ion by fee or                   development, between tho Fcdi-ral Govom- sewage treatment p'.ant for tlie treatment of
e.u-emenjs.. of not more tivwi seventy rhau-                       mcnl and the State of West Virginia for local sewage resulting from the oper.itlng of recre-
.-~ind aero: of land for n h .ir.d wildlife mnn-                  cooperation as a condition for the construc- ation and other facilities at Corp.' of En<U-
awnwiit. rt-crcatlrm. .ir.d er.TlwnmeritM pur-                    tion of the project for Stonewall JacK/.on noe1-; wa'.er r-.\^ottrc« development projects,
poic;:. of ?/h!ch not lev. than thirty thou- id                   TL:^e. We.-.t, Fork River. Wc.tt Vir>;lnl:«. nu- then the Secretary la authorized to InelHtle
;icre.< .-h.\tl be available for public «.« In ac-                thorL-xl bv rectlon 2**3 of the Flc«d Control tvs part of the reason.: ole service cftarces con-
cordance \vi*'o the rt-c.iriiTii''-idafl"n.s of tho               Act of lfli>3 (Public Law SMem. The Secre- templated by ; ret ion 313 of the Fed'-Tdl W.rt «-r
ChVt of EiiTir>e.>r; in HOM v O.vument Num-                       tary of the Army, acting through «hi« Oili-f Tollutlon Control Ac' payment, in whole or
bvrej 'ti-SCi.i. The to'.-*- F.-dinl csr.onolturn                 of En<-lr.«>.Ts. ts authorized to confi-t Mth in part, fur that portion of tho cA.-.uof c.->ri-
f^r til:.-. .-v.-q\il:.Utun .-h.-ir. t:^: c-;ceed i~.OW>-         the Sf'»te of West Virginia on the item- of s'nwtlnT ih") jxw.i'TO treu'rncnt plant which
fftO ,-i-id iwaJ lnti-ri- :.- /h.-i!! eomrlbute 10                looril r.^operatiftn for the Sior>^w.'»ll Jack- is svttrtbut'ible la ihe purpose of treitlng
p-.-r cin'.nm of air c.: • in oxc«>.»-. of ss.-                   ron LM:o projct.. which are to bo slimmed the rewnr.1- ri.-iiltlnT from th(- opi-Ta'l'in «>t
pi.mi:io. \o nctto i m.iy b..- mi'L«'cd f > r aiy                 by «hi.- StaTe. notwl'h^tAndlnr: tha' the Si-xte such C->r;>.. frtctiuk.i. Payment fur MKh con-
:i":lii'7 ff proiTxv'ivo1 miV'vi'lon l.-iud.'. un-                nriy el'^ct to mribo Its performance of any r-tnictloii <v>.'*, may be- eiihrr In lump . .i<rt
Hl r>n O!»CT- h.i '• 1'ir.t hc..-r, m <V r.-. the Innd-           nhlit-.ition connni-ent upon thi- Sw.- li-r:ls- or on an ln-:allau-nt KIM.-.
i-iAn.r 'lU-Tvof to 'aV... i.r.lv :vT> i-nr                       liituro niaV.lii'T The ncc<vs.-irr «ppr<iDrl:i»Ions       Sr:c. 163, J.v) .Vi »t vcl In this "•-•'I'-.n Ui-s
                                                                  and fund-; bfln.* r.Iloc-itc<J for the :'nme or tern^ "&--cTe'an;" r.hall nva.1 the Eccrotnr'.- of
'h-' I i.r.J..?.-ri.-r The cii. •>•:•> -^f el'hi-r l;«>-plni';    r.uh.'i>.?t to the .tvaiUtblUty of funds on tho iho Army, aotmg through the Chl'.-f i->I Fn>*l-
,i-. •••.-. • ul.«lt.<ot to prr.Mi" c-Mi'r'l ':>r .ilV'j?. ln^    p r* of 'hf S'.ite.                                    jioi-r;. Tun .f«:cni.'.ry. In .ircord.inC'? v.ifi tl,t>
p-ili (•; .:•. .-..-... L'-tM-n-.'-.v '. r o*-.' lr> nm>-uf»vl        Pr<* It." TlK* project for f!ro<l pr'>teetlr>n naV.r>n«l rvcriMtlrni ar a roiip-'pi includ--d in
P\!T^>". -s - on ^iud r •'•' «''- *ri-/l -v. ih*"* Um»>           on fnf. ¥.-iiir! . UHvr fit Mlnot-. TJorth D.il:ota. tho Inicr.i.'t-nLT rep >rt prop m-cl pur I'.xvit to
• i •. C.::r.- . li ill pro-.,.rjt c'.o i-,n ' ot T!i,- I.i,-cl   -iri^r.ivfl hv re-'-ilMt'.ftm of tho Onwnltu-ci •..—-'ion 2I« of fh" FJ.~^(1 Coii'Trtl Af nf l:'i.<3
f. r I.-.TIW.. r,-nl .iTi'Vil'-.ir .' nnrp.' i .-. or ,\,\T       nn rtiblli.* V.'or':s of tho Sennfc titi'l H'.u t- of (Public l.r.v Oil -im) by tho d.rr^ of Fn -i-
i.th'.T p'ir'-<v r luC'-i i •_•..•-' Tvl'b v. lirlliK*            TV^TV rlit.'iM'.O , UlKl^r t\\<3 riuthort'7 Ol ••••."- n>~>-r . t'u>- D. JIM-; T.I i»« fit t i n - Inirnnr. -.ind
haMi.i' buV : h.ill all..-.' ..nr ',;* !<>•.". v.rr-. 1.1         fU.rt '/ill of The Fl'-MXl Control Art of Ifii'JJ. li thi> rii-p. r':in"ii i if A'Tii-ulturi'. ...- ni Jliifd
 m ^ n . i v ' V i0 lanrt . •.. rr Mir -\ >-rp«.'i >ial.          ^^r:'^T n>'-<llU*'l to nwh'-.rl."* rh" ?^^r.-t.irr l.y I h l . •••:MM, i.: ;iu'!iMri.-.-<l .ir.d dlr.-.-i-.l
rr,'u!i r ly h.ir^v-*.-<l h -<i ' . . d f-r.''. i^hti'li          i>f the Armv. n^tin^ through the Chlrf of M <-.t:iMl ll on Ilo r.l • f - n i t l i r,.r; r.f :iie
miy tc h.\r>c-''.fd Ir. ••••h i r'.uu.iT h.. to                   Fiv ir..^r-. to reir,iV>ni\ o tln>rt«>.|rnatt-a non- Cuml-'fluiul P i ' i . in l-:-iitiii-::y ,i f i'l Ti-i-.i- -


                                                                                           156
 February IS, 19U                            CONGRESSIONAL RECORD—HOUSE                                                                     H723
  sec the Big South Fork Rational Klvcr ind               (2) With the exception of property or any rotary of the Interior pursuant to this sub-
  Recreation Area (hereafter in this section re- interest in property that the Secretary deter- section shall be put into effect only after
  ferred to as the "National Area") for the mines Is necessary for purposes or admin- consultation with the appropriate' State
  purposes of conserving and interpreting an istration, preservation, or public use, any agency responsible for hunting, fiilnni... nnd
  area containing unique cultural, historic. owner or owners (hereafter In this section trapping activities.
  c.eolog'c. fish and wildlife, archeologle. scenic, referred to RS "owner") of Improved property          (e) (I) The National Area shall be estab-
  and recreational" values, preserving as a used solely for noncommercial residential lished and managed for the purposes of
  natural ' •e-flowing stream the Big South purposes on the date of Its acquisition by the preserving and interpreting the scenic. 010-
  Forte ol .iC Cumberland River.. major por- Secretary may retain the right of UM> aucl log'lcal,ttrcheoTogical.and historical resources
  tions o' Its Clear Fork and New River stems, occupancy ol such property for such purposes of the river gorge areas and developing the
  and portions of their vnrlou. tributaries for for a term, as the owner mav elect, cndinp natural recreational potential of the area for
  the benefit and enjoyment uf pre.<cnt and cither <Ai upon the death of the owner or the enjoyment of the public and for the
  futrfrc generations, the prctorvattop of the his spouse, whichever occurs later, or <Bi not benefit of the economy of the region. The
  nat' -al integrity of the scenic gorges and more than twenty-five years from the date of area within the boundary of the National
  valleys, and the development of the area's Acquisition. The Secretary shall pav to the Area shall be divided into two categories:
  potential for healthful outdoor recreation. owner the fair market value of the property namely, the gorge areas and adjacent areas
  The boundaries shall be as generally depicted un the date of such acquisition, less the fair as hereinafter defined.
  on U.e drawing prepared by the Corps of En- market value on such date of the t«rm re-                    i2) (A) Within the gorge area, no extrac-
  gineers and entitled "Big South Fork tained by the owner. Such right- shall be tion of. or prospecting for minerals, petro-
  National Rl,-er and Recreation Area' iden-          subject to -such terms and conditions as the leum products or gas shall be permitted. No
  tified as map number BSF-NRRAilnAi and Sccretnrv deem=. appropriate to assure that timber shall be cut within the gorge area
  dated October 1972, which shall be on file the property is used in accordance with the except for limited clearing i.v.^essarj for es-
  and available for public Inspection In the purpose, of tins section: may be transferred tablishment of day-use facilities, historical
  On>ce Of the District Engineer. U.S. Army En-       ur aligned, .nid may be terminated with re- sites, primitive campgrounds, and access
  gineer District. Nashville. Tennessee.              .-pcn. to the entire property by the Secretarv roads No structures shall be constructed
      tb) The Secretary shall establish the Na- upon iiis determination that the propertv or within the gorge except for reconstruction
  tional Area by publication ol notice thereof .iiiv poruoii thereof has ceased to be used and Improvement of the historical stU . spec-
 In the Federal Register when he dcicrr. .incs .•T n..i.commercial residential purposes, and ified in paragraphs (3) and (G) of this sub-
  that the United States has acquired an acre- Mpon tender to the holder of the npht .121 section and except for necessary daj-use fa-
 age within the boundaries of tlic National .iinoiiiit equal to the lair market value, as of cilities along the primary and secondary ac-
  Area that Is efficiently ndminu-trable tor the the date ol the tender, of that portion of the cess routes specified herein and within five
 purposes of this section. After publication ol n^lit nliii.li remains unc.xp.icd on the date of hundred feet of such roads, and except for
  notice, and after he has completed the con- termination. Any person resldinc upon im- primitive campgrounds accessible onlj bv wa-
   jiniction of necessary Access roads, daj-use ),. vcd property, subject to the right of ac- ter or on foot No motorized transportation
   "k-Illtlcs. campground facilities, locl^cs.. ar.d qui.,ition Ov the Secretary as :i tenant or •Oiall be allowed in the gorge area except on
__ Bministratlve buildings. the Secretary shall by Ihc .-iillcrnncc of the owner or ov-ncrs of designated access routes.
 transfer the Jurisdiction of the National Area the property may be allowed to continue- in                iB) Primary access routes Into the gorge
 to the Secretary of the Interior who shall .•Mli residence for the lifetime of such JJCT- area may be constructed or improved upon
 administer the National Area in accordance           svii or lils spouse, whichever occurs later. 'lie general route of the following designated
 with the provisions of the Act of August 25. . ubjcct to tnc same restrictions as applicable roads- Tennessee Highway Numbered 52.
 191G (39 Stat. 535. 1C G.S.C. 1. 2-4). as to owner- folding upon such propertv and FAS 2451 (LoatherwoodFord Road), the road
 Amended and supplemented. In the admin- provided in.it ai>v obhgmion or rental in- Into the Blue Heron Community, and Ken-
  istration of the National Area the Secretary curred a.- consideration lor such tenancy tueky Highway Numbered 92.
 may utilize such statutory authority avail- .-.hall accrue during such term to the United                 (C) Secondary access roads in ihe gorge
 able to him for the conservation and man- State.- to be o.-ed in the administration ol area may be constructed or Improved upon
 agement of wildlife and natural resources as        th!.s .scrtiuii.                                   •he following routes, the roads from Smith
 he deems appropriate to carry out the pur-              i3i As u.sfd in this sec'.lon the term "im- Town. Kentucky, to Worley. Kentucky, the
 poses of this section. The Secretary of the         pr-jvcd property means a detached vear- r-xid crossing the Clear Fork at Burnt Mill
 Interior may. after transfer to him. revise . .mud one-f«niilv dwelling winch rerves as Br 'Ige. the road from Goad. Tenne.->ce. to
 the boundaries from time to time, but the the ov.ncr,- permanent place ol abode at the Zenith. Tennessee, the r^/.id from Co-Opera-
 total acreage within such boundaries shall lime of acquisition, and constructIr *> of tde. Kentucky, to Kentucky Hlghw.iv Num-
 not exceed one hundred and twenty-five W.IHM. tt.t- begun before Jani'.irv I 197-1. to- bered 92. the road entering the gorge across
 thousand acres. Following MICH transfer the KC'lier uiil) j.o much of the In 'd on which from the mouth of Alum Creek In Keii'ucky.
 authorities available to the Secrctnr} in sub- the dwelling is situate'], such 'id be;np In the road eroding the CIc.'ir Fork ..? Peters
 section (c) of tills section shall likewise be the .same ownership as the dwelling, as the Bridge.
 available to the Secretary of the Interior. Secretary shall designate to be rea.srnablv                   (D) All otl.er ov.lint* roads in Hie r'-rge
 The Secretary may. »)rlor to the tnm.sTer to rieces-snrv u>r the enjoyment of the dwclllnp .trca shall be maintained for nonvehiciila>
 the Secretary of the Interior, route the for the ,-o)e purpose of noncommercial resi- 'raflic only, except that nothing in this scc-
 bou.id.trlcs from time to time, but the t- il dent!.il lu-c. except tliat the Sccrctar-- mav tlo'i shall abrogate the right of II.KIV.-.- .md
 acreage within such boundaries shall not i . e.\clude from any improved nropei'v nnr fKK*-s of tho>e who remain In occupancy
  jned one hundred and twenty-five- ihou.snnd v.aler.-, IT land (routine tut-reon. to»>cii». under subsection ( c ) ( l ) of this scctlo.i.
   frcs.                                             with so much of the land adjoining Mich               <E> Roi>vi Improvement or maintenance
     (e)(l) \Vl!'>in luc bouiidaric.s of the Na- waters or l.'md as he deems neci-s-ar-, for .. .d any construction of roads nr facilities
 tional Area, the Secretary mav acquire lands        public .'icce>s thereio.                           i' the gorpe area as permitted oj this .-«.-c-
 iiiicl waters or interests therein by donation,         14 j In any case where the Secrf.-t.irv deter- 'ion shall at accomplished b,- the sccri-taiy
 purchase w:th donated or appropriated funds, mines that underlying mineral; are remov- in a mannc.- that will protect the declared
 or exchange or otherwise, except that lands able con.-i.stent with the pro; :-lons •>: sub- values of this unique n.ttural scenic re ource.
 (other than roads and rlghtf-of-wav. for section < e i ( J * of this section, the owner of                (3) In adjacent .iro.ii. the removal of
 roads) owned by the States of Kentucky and the minerals underlying property acquired timber shall he pcimltted only whore re-
 Tennesse? or any political subdivisions for the purpo.-es of this rectlon may retain quired for the development or m.'unun.mce
 thereof may i.i> acquired only by domttlon such Interest. The Secretary shall re/errf of public u.'O and f-.r admlnl.str.itlvc • i" . and
 When an Individual tra - t of land is only the right K' Inspect and regulate the extrac- •hall be accompli.-hcd w i t h c,irelm r<—ard
 partly within the boundaries i.f the National tion of M».]i miner,ils to insure That the for jcenlc and envlronmrnt.nl valut . pro>-
 A"">. the Secretary may n quire nil of the value.-, cimiv.cratcd In subsection iai are not pectlng for mineral, and the exir;irti<-'ii ft
 iract by any of the above i t cihod.^ m order reduced and that the purposes declared In minerals from the adjacent urea, .'ht.il he-
 to avoid the payment of .eu-mnce cost.' .-ubsvctiun \c> d) arc not tntvrlered with.                    permitted only where the adit to nnv ^m-li
 Land so acquired out.'.lde of the boundaries            (di The Secretary, nnd the Swrctarv ft the mine can be Icc.vUrd out;.lde the bounclarv of
 of the National .\rea may be exchanged by Inu-rior after jurisdiction ovt r the N» ional tho National Area, no ,• urface mlnlnrr r-r .• (rip
 the- Secretary for non-Federal lunds within Are.i h.'u- bcfn tranr.ferrttl to him under .-.ub- mining sHuM be permuted; pror.pecrinp Mid
 i he Nailf ' Area boundaries, and any por- seetlon ibi of this ruction sh.il! pornnt drilling for peuoloum products nnd n.iiurnl
 Moi( of the i.ind not utilised for such ON- hunting. n.<hlng. and trapping f-n land-, nnd -•.M: shall bo permitted In the adjaci-nt aroii
 ehnnftes may bo di;po;vd of In ivordnnce water.-; under hi:: jurisdiction within the ••mtlcr Mich rcfiiliifion* as the Srcret,«rv or
 with tl.o provisions of the Federal Property bound,irte,, .->f the Natlonnl Area in ri.-.~f.rd- Uio Secrctiiry of the Interior, after jurisdic-
 and Administrative Service.-. Art of lOlfl iG-1 nnce with apf.'lcahle Fcdvnil nnd Sr.ifc Inw>-. tion over the national river and rvcrt-.iti«n
 St.it 377; -10 US.C '571 et req ). n.-. amended.    except that ho r...v de.--|Rn;ite yr.rn-.; v,here. urea luis been trftn^t'orrod to him und^r : MO-
 Notwithstanding any other provision of law, and cr.fiibh.~h period) when, no hunting li.-li- f^cllon (b) of thl;, .section, may prescribe to
 any Federal property w' ,n (he Boundaries ing. or trapping shixr bo permitted for re.»- mlnlmlTO detrlmcntftl environment imp.ct.
 of Mie National An-rt ..i.'ill bo trnir-ierred ron-; of puoltc (<    wifely, rtdmlni/iratlon i -h or ..itch regulation.') ahall provide nmonr. i>tlicr
 without consideration to the admml .tratlvo wildliu- m,iiiiin nu-nt, or public u *• nnd on- thlnrr.i for an area limitation for each fuh
 Jurisdiction of the Secretary fi.r the purpt-cn Jr.ymont. Except In emergencies, nny rules f-pemilon, ?x>ncj whero oporAtlonn will not
 of thli portion.                                    and regulations of the Secretary or tiio Sic- be permitted, and tnfegtmrdn to prcvtnt nlr
H724                                         CONGRESSIONAL RECORD—HOUSE                                                          Febm.ary 1J, 1974
 and water pollution; 110 storage facilities for not invade the National Area or unreason-             tional Area and to insure that such programs
 petroleum products or natural gas shall bo ably diminish the scenic, recreation, and                 for the protection and enhancement of water
 located within the boundary of the National flsh nnd wildlife values present In the area             quality do not diminish other values that
 Area except as necessary and Incidental *o on the date of enactment of this section.                 are to be protected under tills section.
 production: the Secretary Is authorized to No department or agency of the United                         (J) (1) Until such time as the transfer of
 construct two lodges with recreational fa- States shall recommend authorization of any               Jurisdiction to the-Secretary of the Interior
 cilities within the adjacent areas so as to •water resources project that would have n               authorized by subsection (b) of this section
 maximize and tabunro public use and enr direct and adverse effect on the values for                  shall take place, for the purpose of financially
 Joyment of the National Area: construction which the National Area was established, or               a&sUtin-.; the States of Tennessee and Ken-
 of all roads and facilities In the adjacent request appropriations to b?;ln construc-                tacky. McCreary County. Kentucky, and
 areas shall be undertaken with careful regard tion of any such project, whether hereto-              Scott. Morgan. Plckett. and FenUess Coun-
 Tor the malntcna:.ce of the scenic and fore or hereafter authorized, without advis-                  tl-s in Tennessee, because of losses which
 esthetic values of the gorge area and the ing the Secretary or the Secretary of the In-               these Jurisdictions will sustain by reason of
 adjacent areas.                                    terior, after jurisdiction over the National      the fact that certain. lands and other prop-
    (4) The gorcc area as set out In paragraphs Area has been transferred to him under sub-           erty within their boundaries may be included
 (1) and (2) of th.s subsection shall consist section (b) of this section. In writing of Its          within the National x\rea established by this
of all lands and waters of the Big South Fork. intention so to do at least sixty days In ad-          section and thereafter will no longer be sub-
Clear Fort:, and New River which He between vance, and without specifically reporting to              ject to real and personal property taxes
 the gorge-or valley rim on cither side ("-hero the Congress In writing at the time It makes          levied or Imposed by them, payments shall bo
the rim Is not clearly donned by topography, Its recommendations or request In what re-               made to them on nn annual basis in an
the gorge boundary shall be established at spect constr iction of such project would be               amount equal to those taxes levied or Im-
an elevation no lower than that of the near- in conflict with tho purposes of this section            posed on such property for the last taxable
est clearly dcmarkcd rim on the same side ot and would affect the National Area and the               year immediately preceding the dat* ol
the valley), and those portions of the main values to be protected under this section.                enactment of this section.
tributaries and streams in the watersheds or           (g) The Secretary shall study transporta-          (21 For the purpose of enabling the Sec-
tho Big South Fork. Clear Fork, and New tion facilities In tho region served by the                   retary to make such payments during the
River that He within a gorge or valley rim National Area and shall estab'-lsh transporta-             fiscal years ending June 30, 1975. June 30,
on either side, except that no lands or waters tion facilities to enhance public access to the        197G. June 30, 1977, June 30, 1978, and June
north of Kentucky Highway Numbered 93 National Area. In this connection the Sec-                      30, 1979, there are authorized to be appro-
shali be included. The designated adjacent retary Is authorized to acquire and main-                  priated such sums as may be necessary.
areas shall consist of the balance of the Na- tain public roads, other than State high-                   (k) Thcro are authorized to be appropri-
tional Area,                                       ways, necessary to serve the public use facil-     ated $32.850.000 to carry out the provisions
   (5) The Secretary, and the Secretary of the ities within tho National Area, and to es-             of this section, other than subsection (J) of
Interior, shall consult and cooperate with tablish and maintain, at Federal cost an                   this section. No moneys shall be appropriat
the Tennessee Historical Commission and the Interior and clrcula.lng road system suffi-               from the Land and Water Conservation Fu
Rugby Restoration Association and with cient to meet the purposes of this section.                    to carry out the purposes of this section.
other Involved agencies and associations, both Any existing public road, which it the time               SEC. 109. This title may be cited as tho
public and private, concerning the develop- of its acquisition continues to be a necessary            "Water Resources Development Act of 197-1".
ment and management of the National Area and cssei.tial part of the county highway
In the area adjacent 10 Rugby. Tennessee. system, may, upon mutual agreement be-                         TITLE H—RIVER BASIN MONETARY
Development within the area adjacent to tween the Secrcta'j and the o-vncr of such                                  AUTHORIZATIONS
Rugby. Tennessee. i,ha.. be designed toward road, be relocated outside the National Area                 SEC. 201. (a) In addition to previous au-
preserving and enhancing the historical In- and if riot so relocated such road shall bo               thorizations, there Is hereby authorized to
tegrity of the community and any histori- ma.auuied at Federal expense and kept open                  bo appropriated for the prosecution of tho
cal sites within the joimd-iry of the National at all tlcici for general travel purposes.             comprehensive plan of development of each
Area.                                              Nothing in this subsection shall abrogate the      river basin under tho Jurisdiction of the Sec-
   (61 The Secretary, or t^c Secretary of UK rt£ht <jf egress and Ingress of those persons            retary of the Army referred to in the first
Interior, after juri^d!ci.or. ovc-r the Natlor.a: fthu may remain In occupancy under sub-             column below, which was basically authorized
Area has been transferred to him under sub- sectli.n (c; of this section. Nothing In this             by tho Act referred to by date of enactment
section (b) of this .-<•<•• sii. shall provide for subsection shall preclude tho adjustment,          in tho second column below, an amount not
tho restoration of the B.ue Heron Mine com- relocation, reconstruction, or abandonment                to exceed that shown opposite such river
munity in a manner which will preserve and of State- highways situated in tho National                basin in tho third column below:
enhance tho historical integrity of the com- Area, with the concurrence of the ajcncy
munity and will contribute to the public's having the custody tf such highways -upon                                                                    Date          AJrcanl
understanding and enjoyment of Its histori- entering Into such arrangements as the Sec-
cal value. To that end the Secretary, or tho retary or the Secretary of the Interior, after
Secretary of the Interior, after jurisdiction Jurisdiction otcr the National Area has been                                u*r Balm           . >iv. 2.19W         53i.oy>.c»
over the National Area has. boon transferred transferred to him under subsection (b) of               /•runus River B.is>n          .......... Jjn- 23.1533       14. OK. 003
                                                                                                      BMIU Rr.n Bttin            ............ S»;l 3 19S4         19 005 WO
to him under subsection (b) of this section, this section, deoms appropriate and a tho                Central and mihrn Florida. Jon« 30 19W                      15.000 C'OO
may construct and Improve structures within best interest of tho general welfare.                     C?faT.ta Rr.er Bvm ........ .. Jure 23.1914                 94.033, W3
and may con ruct and improve-a road ir.to              (h) In furtherance of the purpose of this      l.'issittip;i River and triuDtct-
this community.                                    subsection the Secretary In cooperation with
                                                                                                                                             . Viy 15.152S        211.0:1. era
                                                                                                                  Si.^r BV-ITI               . J.'.» V: 19iJ       72,COJ.Gif
    (7) The Secretary shall study the desir- the Secretary of Agriculture, tho heads of               North Branch. Sus^teMrnj
ability and feasibility of reestablishing rail other Fideral departments ^nd agencies In-                 RlVHBvM                            . M/       3.15S
transportation on the abandoned O&w" rail- volved, and the State of Tonncwee and Its                  < 'VaRi.tf ££in.                         Iu-,« 22. 19M      125.0:7,0:3
                                                                                                      Chi.-BM» Ri.er 83<in                     Vay 17.15f1         4 CjJI.tCO
bod or an alternative mode of transportation pollticil subdivisions, shall formulate a com-                                                    ft-jr 13 \VX        9 055 COO
vrlthln the National Area upon the O&W prehciis.ve plan for that portion of the New                   Fin Ji'        Ru-jr bar r,_.            tn 22.1544         Ks.omn
roadbed, and shall report to Conpresn his River Hi.-.:, lies upstream from United Suites              S^jlfiP        Ri^r BVM-I                l.'V IJ.WiO
recommendation with regard to develop- Highway Numbered 27. Such plan shall in-                       Up- ,r f.'
ment of this facility.                                                                                                 .in      ................   09   .......     9.c:oc.o
                                                   clude, nmonu other things, programs to en-
   (t) The Federal Fover C.->mml-r.Ion shall hance tl.c environment and con.-erve and de-
not llcevii-* tiw construction of any dnm, velop natural ri-miircc.-, and to minimize                     (b) The total amount authorized to be
water conduit. re;-*rv<Mr. powi rhou-<», trans- :.'lt,ltlon and aold -mine- drainvc. Such             appropriated by this ucllon shall not exceed
                                                                                                 r
mission line, or other project works under plan, vith recommendation^, induciln" thc e                $7(M.600.000.
the FcdiTa! Power Act (41 Strit IOCS) as n.i U. fo.w ,<r.d a'.>irilnlr.triit|ve rerpon..lbin-             Sra 202. The Seorttary of the Army, acting
amended (1C U.S.C. 701 a i-t r.^q >. \vlthln or tlor!, '-.hnii be completed and transmitted v>        through the Chief of Engineers, Is autlK>r-
directly iiii-ctinp the 1National Are:t and no the Cor.frers wli n!n one year from the date           li'ed to lnlti.'.U> the r.ccor.d phase of ;he bank
department or nirencj of the United States of i-n.i?'menr of thUrection.                              t-rc>. Ion control works and setback levec.i on
shall iv,.I-..t by lo.m. want. Ilcctfe. or other-     (1) The ?i'cret{iry f>r the Seerefrirv of tho   the Sjicramc-nto River. California, authorised
wise In the conMructlon of any w.iter re- Interior, after Jurt.-xllcrlon over the N'tiM-.rM           by the- Flood Control Act of IflGu, in accord-
rouroiv. project that nould h.vo a direct anil Are.i has been transfe-md to hln* under n. -           ance v;lth the recommondnt Ions \>t the Chief
udvor.-e elTeet on the values for which the -••cetlon (h) of this subjection, sha'l cniv.iilt         of Enrlnc-ere In Hourc Document Numbered
National Area wars cr.t,ibll'.lvd Nothlnr con- nnd cooperate with olhor department.*: and             OS-151. and the monc'l.iry anthorl7:itlon for
tnlncd in tho preceding rontonee shall pre- h'/ender. of the United States and the- Stafa             the S.ieraini'ntQ Rlvfr Bar.la, basically nu-
clude llcvnrlnr; of. or ar-'i/.taTic" to, dovelop- of Tcwies-co and Kentucky In the dt-vi'lop-        thori/i-rt by the Act or Di-cj>mbcr 22. lfi-i-1. la
ment-i bolow or above the National Area or mcnt of me.v--urf.-i and programs to protect               lncrea.r«l bv not to exceed HC.000,000 for
on any stream tributary thereto which will and enlinnce water quality within the Na-                  r.urh purpo: e.


                                                                             158
 February 13, 1974                              CONGRESSIONAL RECORD—HOUSE                                                                                  H725
    SEC. 203. This title ra»y be cited AS the                                                                                 Conference substitute—Section 3
  "River Basin Monetary Authorization Act of                Project                        H. Doc. No.   Fttttril cost
                                                                                                                          Except for technical and clerical amend-
  3974".                                                                                                                 ments, this Is the same as the Senate amend-
    And the Senate agree to the same.                 Virpnii Beach. Vj          „     .      52-355        S3».OM       ment.
                                                      IfcMa Vista. Vj                          93-W          K5.0CO
                  RAT ROBERTS, -                      Cams Cr nnd tale. Ky..       „          92-371         3JD.OM         SMALL DOAT HARBOR OPERATION AND
                  HAROLD T. JCHNSOK.                  Bovrif Ctttk, .Viu       „              9^-359         3»,«X>                   MAINTENANCE
                  GLENN M. ANDEKSOH.                  Peail Kan. Uns                 ~        92-2J2         310.003
                                                      ZuTibfO Rivtf. RKt«!«. Una              S3-1M          l»,0-»                House bill
                  ROBERT A. ROE.                      Cis±r.i2s Sii.-!^:. iSsi, Scii^)
                  WrLLTAxt H. HARSIIA.                                                   93-3J        205.000
                                                                                                                   Section C of the House bill amends sec-
                      GtNC SNTDER.                Wa» a ta W'Jiiassn Csnties. Kas.                              tion 103 of the River and Harbor Act of 1370
                     DON H. CLACSEX.                p)j:c.i« am)            ._„._„      9JU!          IU.OM to provide that the cost of operation and
          Managers on the Part of the House.      BuMtj Is-fX. ta                       » !S7         JTJWO maintenance of the general navigation fea-
                                                                                                      x;oooo tures of small boat harbor projects shall be
                     Mncc GBAVEX,                 Ccrr/ Crttfc ReMrwir. Ga      .. ..                 t»,CC3
                     JENNINGS RANDOLPH.           DJtcn R». <rvi.r. Ga                   ^            «us> borne by the United States. This applies to
                                                  BbawRnw. Tex..                        S? ISA        m.M all projects authorized by this Act, by sec-
                     LLOTD BENTSEN.               Cfl;|nMf tbftt £*>!.->                93 i:3      1.KXCCJ tion 201 of the Flood Control Act of 1PC5,
                     <}UENTIN N. BUKDICK.         baler &«&.">» —                       92 i-.l       KXtM section 107 of the River and Harbor Act of
                     WILLIAJI L. SCOTT.           UtS/ R'fej.la^z Daa. ;tvA              93-23         Id.GW
                     HOWARD BAKES.                                                                             10CO, those authorized between January I.
                                                                                                                1970. and December 31. 1970..and to projects
                     ROBET.T T. STArrono.                            Senate amendment                          heretofore authorized In accordance with this
          Managers cm the Part of the Senate.       This provision Is the same as the House policy.
  JOINT ElPLANATART STATEMENT OF THE COM-
                                                  bill with .he addition of a flood protection                                 Senate 'cme-itlncnt
                MITTEE OF CONTEEENCE
                                                  project. Ltwer Mississippi Basin, Warren to                     No comparable provision.
                                                  Wilkinson Counties. Vlcfcsburg Tazoo area.                          Conference substi'.ute—Section C
     The managers on the part or the House Mississippi, at an estimated cost of $150.-
  and the Senate at the conference on the ills- 000 and a Hood protection project at Days                         Tills Is the same as tht, House bill.
  agreeing votes of the two Houses on the Creek Dam, 7outh Cmpqua River. Oregon at                                NORTH BKANCII. CIIIC'iCO RIVER. ILLINOIS
  amendment of the Senate to the bill (H.R. an estimated cost of $400,000.                                                         House bill
   10203) authorizing the construction, repair,           Ccmjcrfncc substitute—Section 1
  and preservation of certain public works on                                                                     Section 7 authorizes the Secretary of the
  rivers and harbors for navigation,floodcon- TI.Is U the same as th* Huuse bill with Army, acting throi-i-h the Chief of Engl-
  trol, and for other purposes, submit the fol- the .-.ddi.lv.iij. projects aulhor.^cd ty the i.ecrs. to provlderior continued-maintenance
  lowing Joint statement to the House and the Senate ,i."nc.id;nc;.t, »nd with the Columbia of the chaiaicl of the North Branch of the
  Senate In explanation of the effect of the River Bat'n project at L'bby Rercgulalmg Chicago River. Illinois, free of debris, and
        :. a.jrcccl upon by the managers and Dam. a..:hor^ed At an estimated Cvst of authorizes .iot to exceed $150.000 for this
   fcommcndcd In the .icci/mp.u»ying confer- $75.0''^ as provided In the Senate amend- purpose per fiscal year.
"cncc report:                                     ment.                                                                        Senate amendment
     The Senate struck out all of the House         WATEE RESOOTCES PnOJECTS AITIIOSIZATION                       No compar.xble provision.
  bill after the enacting clause and Inserted        (POCATALICO niVER BASIN. WEST VIRGINIA)                           Conference substitute—Section 7
  a substitute amendment.                                                  House bill                             This Is the same as the House bill with an
     The committee of conference has agreed         This section authorizes projects for con- nddllloral requirement that the non-Federal
  to a substitute for both the House bill and struction In their full amount. These proj- Interest pay 25 percent of the maintenance
  the Senate amendment. _M.<=,.! for clarifying, ects and thL'lr ccsto are as follows:                         costs.
  clerical, and conformlijr Ojanges, the differ-                                                                                DEAVTHCEIZATION
  ences are noted below:                         Project:                                   rvdcral corf
                                                        Tamaqua. Pa                          $2.355,000                            House bill
  TITLE I—WATER RESOURCES DEVELOP-                      Charles River. Mass                     7.34f>. 000       Tills rectlon provides that as soon as pos-
                        MENT                            Prairie du Chlcn. Wls                    l.MO.CCO rlblc after the date of enactment of this sec-
  ADVANCED ENGINEERING AND DESIGN AtTIIOItlZA-                      Senate amendment                           tion, and nt least once each year thereafter,
                         TION                                                                                  the Secretary of the Army, acting-through
                                                    This provision Is the same as the Houso the chief of Engineer?, shall review and sub-
                      Fo;j,<v bill               with the addition of a project forfloodcon- mit to Congress a list of those authorized
     ThU section establishes a new procedure trol, water supply, and related purposes. In projects under his Jurisdiction -which have
  for authorization of major water re.vnirces the Pooatallco River Basin. Wcsr Virginia, been authorized for at least eight years with-
  development projects of the Corps of Engi- at an estimated cost of $3.568,900.                              out any congressional appropriations within
  neers. Subsection (a) would authorize the          Conference yub;{;/u/«—Sections 2 and S                    the last eight years and which he determines
 Secretary of the Army, acting through the
  Chief of Engineers., to undertake the Phase
                                                                                                                                   be authorized. Each project
                                                    T1..S L, the t-r.-.c as the House bill. The should niIslonger accompanied by the recom-
  I design memorandum sio^-c of advanced en-
                                                                                                                             to be
                                                                 project authorized by the Senate so listed of the CMcf of Engineers together
                                                                                                              mendation
 gineering and dc,'i';n of major water ro-                          In the Pocntallco River Basin.
 j-jurccs development projects substantially              V,rirl..)."i. .i, coiitalricd In the confer- with his reasons fr.r the reccir.menrtatlons.
                                                                                                              Prior to the submission of the list, the Sec-
^|n accordance with, and subject to condi- ence ..ubi,t;iuie as a separate section num- retary of the Army, nctlnp; through the Chief
 tions recommended by the Chief of Engl- bered 5.                                                             of Engineers, must obtain the vlev.-s of Inter-
"neers In the reports de;-lgnated In section 1.              WKST lENNESSEE TKIDUTARIES                       ested Federal agencies nnd the Governor sf
 Subsection (b) would authorize the Sec-                                  House bill                          each state In which the j.mjccr Is located,
 retary of the Army to undertake advanced          Section 3 authorizes modlflr,-itlon of tho and these views accompany the list sub-
 engineering and derl^n for the projects In authorized project for the Oblon and Forked mitted to Congress.
 rubrectlon (a) after completion of the Phas" Deer Rivers to provide for the acquisition                          A project on the list Is no longer author-
 I dc; l-jn memorandum stice of such projects           development of lands Tor fish and wild- ized after one hundred and elphty calendar
 only upon a finding by the Chief of Engi- itnd purpote.-t, at an estimated cost of SG.COO.- days or continuous sfSi-lon of Congress after
 neers, transmitted to the Committees on life                                                                 the date of delivery of the list unless during
 Public Works of the Senate arid House of 000.                                                                thht period cither Xhe House or Senate Com-
 Representative?, that the project Is without                       Senate amendment                          mittee on Public Works adopts a resolution
 substantial controversy, that It Is substan-      Section 5<V>) modines'the authorized proj- stating tti.il the project r-hall continue to be
 tially In accordant with and subject to the ect for tht Oblon and Fo.-kcd Deer Rivers to an authorized project. Tho provisions of tho
 conditions recommended by tliC Chief of provide for tho acquisition 01 32,000 acres of '.cctlon do r.ot apply to any project in n IL'.t
 Eni;lnc-iTs or the Secretary of the Army, ns land to be set aslcio for fish and nildliro of projects submitted within one hundred
 appropriate, In the dcM^nated reports, and mar.ac:emcnt. recreation, nnd purposes of en- and eighty days preceding the adjournment
 thut the ndvnr.crd engineering and design vironmental protection. All such l.inds ac- of a EL\-j,ion or Congre-i sine die.
 will be> r&mp.-itlble with any project modi- quired shall bo nvallablo for public ire. con-                      Nothing In tlif ^-ctlon is to be construed
 fications which may be under considers' on. sistent with good ulldllfe manaiiemi-nt prac- as, prcci idln<r tlio Secretary from withdraw-
 There Is authorized to be appropriated for tices Tlie Chief of Engineers Is required to ing any project or projects from the list prior
 subjection (b) an amount not to exceed uac not Ic.1^ tlwn 20 per centum of the funds to the e.id of the one hundred rind eighty day
 $5,000,000, and such funds may not bo used appropriated nnnt.ally to the project to Im- p?rlod.
 for Innd acquisition or construction.           plement these mitigation features. SC.COO,-                      The section I* not applicable to any.project
    The following projects are authorized 000 Li authorized to be appropriated to carry which ho,i been Included In a resolution stat-
 under this section:                             out this modification.                                       ing that It should continue to be authorized.



                                                                              159
 H726                                             CONGRESSIONAL RECORD—HOUSE                                                   February is, 1974
      The Secretary ol the Army, acting throurh        highway bridge over Norfork Lake In the,                             ROCK ISLANDMIDCr
 the Clilel ol Engineers. Is required to review        area where VS. Highway 62 and Arkansas                                   House bill
 a project for inclusion in the list o? projects       State Highway 101 were Inundated as a result             This «xt:on authorizes the
 provided for In subsection t»j If requested by       of the construction of the Norfork Dam and             of approaches to the eastern end of Hock
 a resolution of either the House or Senate           Lake This Is conditioned upon the Stat«                Island, Illinois, Centennial Bridge. It amends
 rubllc WorKE Committee. II the- project Is           paying to the United States compensation               the Rock Island Toll Bridge Act, 52 stat.
  r.ot Included in any ol the firat three lists        received In 1043 with Interest from 'hat date
 rubmitted lo-Coiigrti*-af:cr the date ol tl'.e                                                              110. by insertl&c "(including the eastern ap-
                                                                        Senate amend—,cni                    proach In Pock -Island, Illinois)." after the
  resolution, a report giving The rwmns for not           bectiuii 1-5 ii essentially the, fun.c a& this     provisions for reconstruction, enlargement,
 recommending deaiuhorlrar Ion must be                 provision in the House bill e cept that the           and exte..oion. ThU amendment would apply
 submitted to the House and Sona'o rnrnmlt-            interest on the sum to be repaid is to be             specifically to the eastern end of the bridge
  tcea on Public Works r.<-' 5a'r» iVian M\f date      compounded annually and cornpc listed on              and work Is to commence prior to December
 vl the third list submitted *o rvwKr»" af'rr          the average prevailing rates for Fedcr.il obli-       1. ID74, and ahull be completed by Dc-.cn.-
  the date of the resolution.                          gations during the period.                            bcr 1.1077.
                    Senate amendment                           Conference substitute—Section 1C                             Senate amendment
      This section provides. that, as soon as pos-        Tins IE the same as the Senate proviMon.              No comparable provision.
 sible after the date of enactment of this sec-                                                                     Conference substitute—Section 29
  tion. and at least once each year thereafter.               MCLVCKN AXD POMONA LAKES. KANSAS
 the Secretary of the Army, acting through                                   House bill                        Tills is the same as the House bill.
 Uic Chief of Engineers, shall review and sub-            Section 17 modifies the project for Mclvcrn        *n ANTIC ro.vrr or LONG ISLAND. SEW vniiK
 mit to Congress » list of those* authorized           Lake and Pomona Lake. Kansas, authorized                                 House bill
 projects under his Jurisdiction which hate            by the Flood Control Act approved Septem-               This section modifies the orojeii fur the
 been authorized for at least eight years, for         ber 3. 1054. to authorize the Improvements            Agamic coast of Long bland. Fire Inland
 which no construction appropriations have             of service roads In the vicinity of these             Inlet, to Montauk Point. New York, to pro-
 been made during Uia; period. »r.d ahlch he           projects which the Secretary of the Arn:y             vide that iion-Federal interests shall (l> con-
 determines should no longer be authorized             determines necessary for the appropriate              tribute 30 per centum of the fln,t cost of the
 Each project so listed Is to be accompanied           utilization of the projects. The Federal share        project, including the value ot lands, race-
 by the recommendation of ihc Clutf of Engi-           la not to exceed 70 percent of the rnst and           menus and rights of way; (2) hold and save
 neers together with his reasons for the rec-          the authorization to carry OT:' thl" wrMon            the United States free from damages due to
 ommendation!:. Prior to the iiibmbolon of the         U not to exceed S500,<XH».                            the construction works, and (3) maintain
 list. the Secretary of the Army, acting                                Senate amendment                     and operate the Improvements in accordance
 through the Chief of Engineers, must obtain              No comparable provision.                           with regulations prescribed by the Secretary
 the views of Interested Federal agencies and                                                                of the Army.
 the Governor of each state In wh!ch the proj-                 Conference substitute—Section IT
 ect Is located, and these views accompany the            This Is the some as the House bill.                               Senate amendment
 list submitted to Congress.                                     TUm.n cnrcK xrsExvoin. KANSAS                  No comparable provision.
      Dcauthorlzatlon of a project on the list- can                          House bill                            Conference substitute—Section 31
 only be accomplished by the adoption of a                                                                     This Is the same as the House bill.
 resolution by both House and Scnste Public               Section 18 modifies the project for Tultle
 Works Committees staling that such project            Creek Reservoir. Kansas, to authorize the             STREAMBAXK. EROSION" CONTROL—OHIO RIVER.
 shall not continue to be an authorized                Secretary of the Army, nctlng through the               MISSOURI HIVr.lt. TAZOO RIVER, AND GES'CXAI.
 project.                                              Chief of Engineers, to Improve a portion                                    House bill
. Nothing In the section is to be construed            of FAS 1208 to provide access to recreation              One section authorizes a varied and com-
 as precluding the Secretary from withdraw-            areas. The Federal share of the project Is            prehensive approach to find means of pre-
 ing any project or projects from the list prior       not to exceed 70 percent «nd the authoriza-           venting ana reducing the damages caused by
 to the adoption of a resolution as described.         tion to carry out this section Is nc-l to exceed      the severe erosion problems along the Ohio
      The Secretary of the Army, acting; through       $500.000.                                             River. The section authorizes an Intensive
 the Chief of rEngincers. 15 required to review                         Senate amendment                     evaluation of the erosion with a view to de-
 a project for Inclusion in the list of projects          No comparable provision.                           termining whether bank protection works
 provided for In subsection in) If requested                   Conference substitute—Stifio;. IS             should be provided at this time. It also au-
 by a resolution of cither the HOU.-.C or Senate          This is the same as the House bill.                thorizes the Corps of Engineers to develop
 Public Works Committee. Tf the project Is                           sfon. DISPOSAL FACitmcs                 and evaluate new methods and techniques
 not Included In any of the first three lists                                                                for bank protection, conduct research on soil
 submitted to Congress after the date of the                                 House bill                      stability, identify the causes of erosion, and
 resolution. <v report giving the reasons for not         ecuiuii 23 amends section ;_3 <j' tl.e             recommend means for prevention and correc-
 recommending dcauinoriAilion must be sub-             Ilivcr and Harbor Act of 1070 to provide that         tion of the problems The results of these
 mitted to the House and Senate Committees             if the Administrator of the Enuroi.mo.t               studies arc to be reported to the Congress
 on Public Works not later than the dntc of            Protection Agency maUc& hts fli,dir>gr. which           •In addition, the Secretary of the Army
 the third list submitted >o (.OIIKTC-V after the      permit waiver of the non-Fcdcnu-li.tcrc&t             acting through the Chief of-Engincers. <s au-
 date of the resolution.                              contribution after repayment agreements                thorized to construct and evaluate demon-
           Conference substitute— S<:riion 13          have been entered Into any payments due               stration projects as determined by the Chief
      Tills Is the same as the House- provision        after the date of the finding shall be waived.        of Engineers. This will enable the Corps to|
 •with the additional requirement that before                           Senate amendment                     attempt and evaluate differing types of pro-
 submitting a list of projcfs for deauthorlza-            Xo comparable provision.                           tective mensurco as pnrt of the overall .study
 tion to Congress, the Sei.-ctary of the Army                                                                of the problem.
                                                               Conference A»bsjitnfc— JS. • (.(.-« ;J           For the dcmoiisir.Uu.i. projects, the i.uu-
 I.-- to notify each Senator and Xfember of the           Hits u thosnmc as the House bill.                  Fcdcral Interests must provide without ct-st
 House in whose State and district the project                                                               to the United States lands, casements and
 would be locatcJ of its Inclusion on -.xich II.-. t.        rMrtiGFSVT HANIC pr.OTEcnrts- W^XK-;
                                                                            Ilojitc btll                     rights of way necessary for construction and
           i.rm.F. r.UTT. TNi.rr. sotmi ritoriKA                                                             operation of the projects: hold and F.'IVC the
                          lion ,~ bill                    Tl^i.-, toitiun Increases the monetary lim-        United Slate,-, free from damages due to con-
      Xn provision.                                    itations applicable to emergency bank pro-            struction, operation nnd maintenance of the
                     Scnaft* amendment                 tection works undertaken by the Corps of              projects; and operate and maintain the proj-
                                                      EnRlnccrs. Tht> Individual project mount Is            ects after completion.
      Tli i» i««.liun would a .'hoi,, o tl.c Curp.1   raised from $50.000 to $2o0.ooo iu.il the                 Another -section (uiVUori/.ea a coiiil>n..>.4..u
 of Kuniiiccrs to ui.drr'.w.r i u , i r ( c r ., dredgannii.il cxpciicliturc Itmitatiun lix.ii. $..IHA),-    of emergency work nnd studies to ho t j> j.u-
 tun to nmlntAln the i.c c ,^vr> r.;n I^ntlon         000 to 55.000.OUO. Tlic scU lull ii.,so .,,.»: iftca   vent, and reduce- cl.uu.i^c.s from .Mrcautb.>i.k
 clmiiiicl depth In T.lttlc Finer Ii.Vt. South        the application of the authority 05 adding             erosion in the reach of the MIK-OUTI n t ..r
 r.irulln.i. until Mich tln.c .v t:.e prcjert nu-     cliurciieo. ho^pttnl:-. &chuol.s niid u.^cr iiun-      between Fort Randall Dam, South D.IKV..I.
 tliuri/cd In that arcrt under Scftt^n 201 of          prolit public (crvices to the ilti,i.,t>on ol         and Sioux. City, Iowa. It provides fur r rn.ii-
 tl.e- Flood Control Act ff I!1G5 has been             fncilitic:. «,hk-n aro eligible K-. protcitu-n.       Kcncy bank .stnbllizntlun works as dole -,.i.i.l
 completed. Cost of the drtdrinr (.- estimated                                                               to he necessary by the Secretary of the Army,
 n' $7.t.OAO n year for Hit- duraflri of the                            Senate amendment
 crnrri:cney period.                                      This L. e.-w,*ntlally the wme a. the Hmi.«         uctlnp through the Chief of Engineers This
                                                      provision except tlmt tlie nnnti.'i] c.vpendl-         determination !>• to be mndc In cooperation
                                                      'ure limitation la Increased from (l.coo.OOO           with the Governors of the Involved stiuc.i
   Tills IK the fame nr. ib? Sfn.-it.- pro\ l.-.|r.n. to $10,060.000. The section Ir, modiiif rt to add      with regard to priority of locations to be- pro-
     Nonrnr.it nrMr.vn.R I V . I M J . •r.iiNN-v,     s-horellnc protection worki t* the tjpe "-if           tected and the nature- or the protect iva
                                                      emcreency works authort/ed.                            work;-, Non-Fcdcr.-il Interest:; mu-.t fufni.-n
                                                                                                             ricce'i.nry Inud::. r;u emfnts and rlphtf. of Wfiy;
   &fc'\tm 10 modifier tin- . nm),rrhrrr ive                   Con/ororircsubtfidifr- Sr.-f.ori J7           hold and KTIVC the United States free from
 plnu fur flood (.tmtrol anil oinrt jjnijji^cs in         Ihi'. is i he .same M> the ct,,<,>c nn.fi.d-       ditinagcaduc to the project^, nnd operate ;.i,d
 the \Vilte River Tlar-in t<i provide fur a frte mcnt.                                                       maintain tht projects after completion.
                                                                                 JLKO
Febntanj 13, 197Jt                                CONGRESSIONAL RECORD —HOUSE                                                                            H727
   The section also authorizes and directs an             way 40. near Weimar. CallfonJa. to the                      Conference subfiitute —Section =2
Intensive evaluation of streambanlc erosion               Eldorado County Road near Spanish Dry                   This Is the same as the Senate provision.
along the Missouri Hirer with a vleT to de-                Diggings.                                                           Z3LFO EEOtnvnOS AECA
termining whether additional bank protec-                                  Senate amendment
tion works should be provided at this time.                  So comparable provision.                                                lltxisc bill
In addition, the Corps of Engineers is to de-                     Conference mbsiitvte—Section 3G                 Section -J3 provides that any proposed road
velop and evaluate new methods and tech-                                                                       to the Zilpo Recreation Area, shall not be
nique; for bank protection, conduct research                 This L: the same S3 the House- bill.              constructed to th* Caiv Run I.^Ve Project
on sri! stability: identify the muses 6f-cro-                              AU^itJ.Io «JF CASH C.               in Kentucky until there Is a full oportun-
slon. and recommend rr.eans for prevention                                                                     ity for public review and comment on the
and correction of the prooiesis. The results of              Tfiili ;•. i.o- rardUiec. the pro/.-ct for Sin environmental Impact statement pertaining
 the stud'es. v.-lth recommendations, arc to be           Luis OS^'.p* Hir'rjr, California, to authorize to sny ruch proposed road.
 reported to the Concr^t:.                                the Secrct-iTT c-' the Army, acting through                           Senate cmcndnent
   section 35 mcdiiiet- toe project for flee*!            t!ic Chief *: Es cheers, to ac«x?pt In annual           ^.ii.vii 21. eieept Iwr technical
control aid improvement ul '.he L^er SIls-
ttiiippl Rrror to auu-uiutf ;r.e Svcretjiry of            •.n--'_illtnent. d^rln; the period of o.-r.r.',ruc- l.^. tin- .-jme is liiv Hou-« provision.
the Army to undertake s. dernoa-rtratton pilot            tton the cat'j costrt'-JUtlctn of l:-ril                    CanJcrcTif; svbftttxtc —Sectim 43
study procrarn of bani: itab'Jlzatlon on the                          'JT riic prrjec:.                           "ui* is the ;-ame as the House bill.
delta tr.d hUl areas of tlw Taeca River Basin.                                                                            if.iirac nnnr ATT or i'j~o
Mtskclppl. at an estimated cos-? of S9.500.eoo.              Section 71 of tie Senate amendment •should                              IiQu?e bill
                Scnztc a^'.-fid'^eni                      au:h£'rj2> t'-jtr fccre'^cy of the Aray to pcr-
   Section 12 (a) throu.ii «e> of the Senate              j*~*.t the wv.. •.^^'.rk-iUta.va re^^-rcd -A uo»- TiiL. s. -•: '..r. irr.i:3da action 252 of Uic
amendment authorizes *sJ5&&.Q*w over a 5-                 Fi\Icr^I i .,«..i- jvoiv.-;. pnt-r tfi cju-iructit-a D. ,«-ttr Ri- I f .U; of 1070 to provide that
ycar period for a Atrau&ojn,-. er-s-iou control           of a satcr rt-.-^^rcea project, as. p^rt of U:e:r rhc rv-f, i " replacir.s <.^ru.ji community
uemuxistmtion pro^raiu. *.i& pr*.-~runi Is to             .C.arc. to be mode in annual i^iailsricaU •*rrl'-<-: for -fhlch the Act provides assls:-
consist, of (1) an e'.aiua'.t-ji ot u.e extent of         d^r.i.f. CvU -.r-itt.^:^. When there isr.oprovl- aTi-re. sha'.I Include those costs incurred
strcambanlc croMon. lii <J«ci>jp:iient of                 .-l.i. vJ I,i.-. thit aould permit extended re- !r. rbf.itr-.lr.,; sutstr.iite services during the
r.ew me'-hoUs and teciumj-es !«r projection.              paj.nic:.:. .^_ ccit.ea r.ould core uie flricin- ptTt-d of rep.ilr. rcoi -ration. reco3s'.ruction.
research, ana tdcnttncxstt ^n ol causes. |3» a-           11. ij j.irde;i pla^'.'J un noa-Feiemi public or ropT.i.-emcnt of faci:ii:cs to the extent
r>.-purt to Congress Ur^'-ivr sni» rccommcii-             Iiodics to .'.'..d i-i a .single payzicnt those r-rch rost5 cxreed the c*.t nhich vfould tare
clais»n.-. and i4| dL-niuiu-raiiua projects in-
                                                                                                                           y^-od in
                                                          projects ..hK-h t,».::e longer than one year. bf-on lirdf^A-.er. pr j-. idii.f ^,uch icn icti but
cluding oank protection vrorSs, Dimonstra-                and often many yesrs. to construct. The Sec- for the-
^^n projects arc to be underufccn at a                    retary of the Army rcould determine the                               Senate amendment
^tv        of places Including specifically sites         schedule of annual Installments, not neces-             ^j c-.-mpar.ible provision.
    "the Ohio River, the Missouri River be-               sarily uniform, which would provide Tor                     CanlfTmfF substitute—Section -»5
Twcen Fort Randall Dam and Siuux City.                    equitable non-Federal prepayment prior w                This is t"-.« x.mc as il.e Hoiue bill.
Iowa, the Missouri R.icr la Surth Dakota at                         l-rhmeut of pertinent project work
                                                                                                            C....!iV.»   »-^ i'.AItS - V, iNl-OClltr DAlt AHD
or below Garrison Dam. and the Delta and
H1!I areas of the Yazco Rtver Basin, Non-Fed-             schedules of the CXef of Enfneers. This
eral interests must provide without cost                  rectle-n TMsld alco authorize the Secretary of
lands, easements, ar.d ri;hts-of-way. hold                the Army to modify existing aireenwnts to             "iTiU ;,-v- i^.n auth&rlres the Secretary of
and save the United State* free from dam-                 permit such a schedule of annua! install-         the Arm- .-wtln? through the Chief of Engi-
age?. and operate ar.d ir.-»lut:un t!io project           ments, upon the request of the non-Federal        neers. to amend the contract between the
 on completion.                                           interests.                                        city of Aberdeen. Washington, and the United
       Conference sa5i/i:i.V— Stc-riin 32                       Cinffrfi^e subftifuie—Seetfon 40            States for use of storage space in the Wynoo-
   T...-. i» the same .u l«i cci-i.c .ii;.c:>d.T.i.j,;.     ThU i.s the .~^mc .is t.ic Senate .imcndmcnt.   chee Hi.cr. W.vhin^ion, for municipal and
                                                                                                            Industrial water supply.
       XCCTTCseil tOCK AMD DAlf INDIANA                       TTS BSOTT.CES tmXLf>PlJEJ.T                       The arr.er.cicd contract shall provide that
                House emfrtdften'.                                  OHIO T.IVEZ KASIK                       the £o:-t*; :i:l<XMtcd v> present cTcmanrl water
   This r-ection modifies tic project for Ncw-                          ffottv bill                         Eupplr will be repaid over a pcrtoJ of fifty
burjh Lock and Dam. Indiana, t; direct the          TliU ect.jn authorises and tiirccw the                  j t.irs after the project is firat U5v.1 for stor-
Socre'-ary of the Army, acting through the Secretary u! Hie AmiT. acl.ng throu?h the                        :i_;c <jf r.^ter lor n.itcr tupply. with the first
Chief »I Engineers, to perform tank protec- Chief of Ei.cinccrs. to mate a de'aiu-d sttiuv                  ii.'mii.'i! payment facing a minimum of 02
tion worK along the Ohio River at ^ewburgh. and report of the toU-il benefit- and costs                     per cenUitn of tnc total amount to be re-
Indiana Local Intor.^'j. aro required to fur- nttributcil'iv to tl-.c ?.-ater rcfojirces develop-           paid. ,-tnd the annual paji-ciits Ijcuij.; m-
nish reco^ary lard-;, eaiomonts and rights ment projects undertaken In the Ohio River                       cre:i/od by 0^! per cvntum eacl> ycur until
of way. operate and maintain the works after Barm by toe Corps of Engineers. The evalua-                    the tenth jo.ir. Siibfecim-nt annual pajmenw
completion, and hold and save the United tion of ti-ni-S;.-- and costs is to include con-                   for the balance of forty jeans srili be one-
States free from damac.cj due to the con- *tdor3ttr.n of tne enhancement of re-glonal                       fonleth of the ualar.ce remaining after the
Ktructlon works.                                economic dcrelopmont. quality of the total                  tenth payment.
                Senate amendment                environment, the well being of the people.                                         Senate amendment
                                                and the national economic development. The                       ThU section authorizes the Secretary of
   No comparable provision.                     report of the study must be submitted to                     the Army, artlnc; throuch the Chief of En-
        Conference stibuntule —Section 3-t      Consrt^s within two years after fund-- are                  gineers. to amend the contract between the
   This Is thts same as the House bill.         made available to Initiate the rtudy. There                 city of Aberdeen. Washington, and the
             ALEUTIAN ISHSDS. AUSKA             i.-, tiwho-fecd to be appropriated not to er-                United States for ure c>f s'oraj<« rp-ire In t;ie
                    Ilaytt Ml                   ct-cd $2.0t \000 to carry out the rect ion.                 Wynooehee Klver. WashlnTton, for municipal
   So provblon.                                                    Senate amendment                          and Industrial water supply.
                                                     No comparable provision.                                   The amended contract shall provide that
                Senate amendment                                                                            the Initial and subsequent payments. Includ-
   Tht-, section auihor:7« ar.d directs the             Conference substitute — Section '<l                 ing Interest, for the pre ent demand \vator
Seeretriry of the Army. acUnc through the            S.imc as the House bl!U                                r.upply s-ora-ie1 m.'iy b<- dfferrid for a period
Chief of Erglncers. tt> :iu>:o a deUJlcd study         Mi-^M.-Nsiri-i nivro- riMi AND                       up t/> ti>n year : Payments are thus deferred
of plars for the removal and di>po?al of debris                                                             until tlv city rtndi cu;tomers for the wau-r
and obrolctc bulldtnrs In the vicinities of                                                                 or until the len-year-pericd U up. which-
Port Heldc-n, Cold B^r, Una\i,*a. ahd UnmaX                             House bill                          ever 1.; :"<•«-. r.t.-r.
I:.land In the Alwli.m I Und<>. .\lasto. This                                                                                    -iH7' *nb\Tit:.-ti — r -,-/):.« -Jti
r.turty I"- to be submltit-d to CoaTcs; within                     Smat<* am-iidmcnt                            Th'.i pr.^vi.-lfn 1: the ^ame as the Ifcuire
one yt:ir after tlie dn f " of en.\r(ment.           Si-i-tlon 17 provides that the project for             bill except that the itrst annual payment
        Conference substitute- — Section 35     flrxxl control and Improvement of the Lower                 i.hfill be a minimum of 0.1 per centum of the
   This L. the r^imc ar. tho Scnatv amendment. ?il-.:1-.,ippl River L. mr^liittd to provide that             total prln.-ipnl amount to be ivp.ilrt and the
                    PAM AJJP r.r;;rr.vf'm       In the cai* c.f Itincis rmthorircd to bi.- acquired         finnu;il p*iymenu f h.ill be lncren.-i-d by 0 l
                                                for mltlirntlniT \K-.K. to wtldllfo which land'?             pi-rc.-nt rii-U ye.ir un.ll the lf>th yrtir nt
                                                have not yet been acquired find which no                    which time the p.iyment .'hrill be 1 per
   SecUon 30 nme-nd.-. r^jtlon 222              l">nivr nri i.ult.ibje for that purpose, the
                                                             1
                                                                                                            centum. Sub-equent nnnunl paynirnts for
Control Act ot 1010 \f> MU-hr-rlw the con- Secrctars of the Army mav acquire xubstl-                        the b.'ilnnre f Inoli'dlnr Interest for SO year.;)
struction of A two-line all-wenther paved tuto lands not to exceed trie previously nu-                      of -10 years shall b» one-fortieth of the bal-
 road extending from Old United SM                                                                           nncc rcsnttl. ilntr utter tu« loth payment.
             H728                                              CONGRESSIONAL RECORD—HOUSE                                                                February U, 1974
             I1SH   IIATCHEKT - WTNOVCIICC OA3J AKD LAh..,                     Conference substitute—Section S3                     ter levels, and crop and other damngc.-. re-
                               WASHINGTON                                  This Is the same as the Senate amendment. »uU!ng from higher flows during drawdown
                               House b3J                                               ntOStOJf CONTXOL. DZMONSTIIATJOS
                                                                                                                                    operation* at Llbby Dam.
               Tills section modifies the project for Wyn-                                      ACT                                       Con/erCTicc substitute—Section ZS
             oochee. Dam and Lake to provide that the                                                                                  This Is the same as the Senate amendment
             A-cretary of the Army, acting through the                     This section, which Is to be cited as the except that compensation Is hot to cwrccd
             Chief of Engineers. Is authorized and Di-                  "SJsoreli:^ Erosion. Con'rol IVm<>n*tratl<in «] .500 000.
             rected to transfer io the Stale o'rwashlng-                Act of 1073." authorizes a program to develop                   SMALL Fl-OOO rZOTECTION TROJECTo IS
             ton not to exceed $690.000 fo*- construction              and demonstrate low-cost means to prevent                                        DI2A5TTK AREAS
             of fish h»tcher5 facilities for mlUgatlon ot               and control shoreline erosion. The Secretary                                       Houfc bill
             project-caused Ioss« of natural spawning                   of the Army Is directed to ee.tnb!kn and con-
             areas Tor trout.                                                                                                          This fcct.on authorizes the cons-x-uclu-n
                                                                        duct. for a period of five years, a national o: small Hood protection projects not specifi-
                            Scnctf a'tend'nfnt                          .shoreline erosion control development and cally authorized by Congress when in :!>c
                Section 51 Is the same as the Ilu-iC pro-.I-            demonstration program, consi?t:r.g of pl.in- up.nion ol Uie Chief o! Engineers the woric
             s:on except that the amount climated Is                    nlng. c«:«tructlng. operating evaV:a-lrp ard
             &32.00O less Uian that cui.ta;ncd in the House             demor^'.ratlng. prototype dev|re-- br'rt en- is advisnUc and protocts an disaster area in
                                                                                                                                    DCCII decla^d to be a major
                                                                                                                                                                            area whicft has
             provision.                                                 gineered and vegetative. The program Is to be the five yen. period preceding the excrete by
                   Conference substitute—Section :/                     carried ottt in cooperatlon.with the Secretary                            of Engineers of
                                                                       of Agrlculturr. other Federal. State, and local the Chief this section. No the authority con-
                Tills Is the same as xfce House bill.                                                                               tained In
                                                                        agencies, pt..-ate organizations, and the lion may be allotted for any onethan J2 and           more               mil-
                                                                       Shoreline Eroilon Advisory Par.*: e rabTkhed there is authorized not to exceed project,                   *25 million
                                House bill                              by tlic Act.
                Section 48 Increases the authorization for
                                                                                                                                                fiscal year for
                                                                           Dfrnoiistration projects are to be under- in each construct these the next five fiscal
             Tederml participation in the flsh hatchery                 take?. it no 'ess than two sites rach on the years to                                          projects. The proj-
             facilities in connection with the Libby Dam.
                                                                                                                                                          by
                                                                        shorelines of the Atlantic. Gulf and Pacific ects authorizedareasthis section' be protected
                                                                                                                                   constructed In               Intended to
                                                                                                                                                                                may not be
             Montana, from V750.000 to M.000.000.                       coasts, and of the Great Lakes.                            by projects -which have been specifically au-
                                                                           A Shoreline Erosion Advisory Panel is es- thorized by Congress. The normal provisions
                            Senate amendment                            tablished. to be composed of Individuals who ol local cooperation for flood control apply.
                Section 33. except for technical changes.              are knowledgeable with respect to shoreline
             Is the same as the House provblon.                        erosion, to advise the Secretary of the Army                                  Senate amendment
                   Conference substitute—SccSion -if                   on the program.                                                Subsection (a) amends the authority of
                Tills Is the same as the Senate amendment                  The Secretary Is directed to submit an an- the Secretary of the Army to construct smal|
                                                                        nual progress report and a final e-.A.uation flood control projects by Increasing the
                  tot.Ntt KMMirniMJji .vr- i :rm r<\«                   report to the Senate and Houit o! Represent- nual expenditure limitation to »50 mill
                                  MONTANA                               atives Committee on Public Works. A total and the Individual project limitation to
                                  House bill                           of S8.000.000 Is authorized for the program. million.
                This section modifies the project for Libby                             Senate amendment                              Subsection (b) authorizes the construction
             Dam. Montana, to authorize the Secretary                      This section, which Is to be cited as the of small flood protection projects not specifi-
             ol the Army. acting through the Chief of                   -Shoreline Erosion Control Demonstration cally authorized by Congress when In ths
             hngineers. to reimburse Boundary County.                   Act of 1973." authorizes a program to develop npinlon of the Chief of Engineers the work
             Idaho, for the cost Incurred to elevate, relo-             and demonstrate low-cost means to prevent Is advisable- and protect? an area •which has
             cate. or reconstruct the bridge located at                 and control shoreline erosion. The Secretary been declared to be a mnjor disaster area
             trie mouth of Deep Cri-ek as It Joins th-                  of the Army is directed to establish and con- In the five year period pit-ceding the exer-
             Kootenat River. There is authorl/ed to be                 duct. for a period of five years, a national cise by the Chief of Engineers of the author-
             appropriated not to exceed «30O.OOO for the               shoreline erosion control developme« and ity contained In this section. No more than
             purposes ol carrying out this proi»ion.                    demonstration program, consisting o! plan- $2 million may be allotted for any one proj-
                             Senate amendment                           ning. constructing, operating, evaluating. ect, and there Is authorized not to exceed
                Section 19 Is the same as the HUHV pro-                 and demonstrating, prototype devices, bcth t25 million In each fiscal year for the next
             vision except that the .'uithori.'.Tiun Is un-             engineered and vegetative. The program Is to five fiscal years to construct these projects.
             limited.                                                  be carried out in cooperation with the Sec* The projects authorized by thU section may
                                                                       rewry of Agriculture, other Federal. State. not be constructed In areas intended to be
                   Conference substitute —Snlion JO                    and local agencies, private orpaniAitions. and protected by projects which have been spe-
                The conference substitute is the same a*                the Shoreline Erosion Advisory Panel estab- cifically authcrlzed by Congress. The normal
         i   the House bill except that the authorization              lished by this section.                                     provisions of local cooperation for flood con-
             Is set at W50.000.                                            Demonstration projects arc to be under- trol apply.
                                                                        taken at -no. \cr$ thju* two sites each oh Uie                    Conference substitute —Section Cl
                      C.R.\XD RIVES. MISSOURI AND IOWA                 shorcllii'-A {>' llie-Atltt:itlf, ^3u.-f. «nrt Pacific
                                  lloiifc bill                                                                                        The
                                                                       coasts, inc. Great Lakes, mm the Slat* bl 205 of conferenceControl Actamends section substitute
                This section modifies the projcii (or flood
                                                                                                                                            the Flood
                                                                        Alaska, and at specified local IM-A of serious creasing the annual expenditure19*8 by In-            of
                                                                                                                                                                                  Ilmi
    '•       protection on the Grand River aiid tribu-                 erosion along the shores of Delaware Bar
             taries. Missouri and lima. authored by the
                                                                                                                                                                   Increasing the tnd.vld
                                                                           A Shoreline Erosion Advl^ry Panel Is es- to *30.000'.OOO and by to $2,000,000 for a proj^
             Flood Control Act of IOCS, to authorise the                tablished. to be composed of Individuals 'who tial project limitation
,            Chief of Engineers to proceed with engineer-
                                                                                                                                                            a the project protects an
                                                                        are knowlfdgcable with revert t*» «-hr.reHnt- cct at a locality have been a major dit-astcr
             ing and design ol the Pulton: burg Lnke proj-             erosion to ndvlse the Socn>t:irv of thp *rmv area declared to tho Disaster Relict Acts In
                                                                                                                                   area pursuant to
             ect so as not to preclude the subsequent                   on the program
i            addition of power. Prior to Inltli.tion nf con-
                                                                                                                                         flvc-ycar period immediately preceding
                                                                          Tlie Secretary Is directed to «aibmlt an the date the Chief of Engineers dcc.ns the
                                                                                                                                   the
i            ciructlon, the Chief or Engineers must sub-                annual proRrcss report and <i final cvnluation wv-rk advisable.
             mit a. rcporr to Congrc.<is on trie scope and              report to the Senate and House of n«pr<..<cn-
             scale of the project which be.st meets the                 tntlves Committee on Public v.'oriis A total                      nrurtoN or WATTR QUALITY SIORACE
             needs of the arcti for further action by the              of t8.000.000 Is authorl7.c<l fr-r The                                             House bill
             Congress. Modification of the project to In-               o»or five fiscixl years                                       section GJ provide; thnt when tho Adni.n-
             clude hydroelectric puAcr u.uu.<) iciju.rc ni>                                                                        j.-irntor of the Eniironmcnl.nl fruit-it i«n
             Act of                                                        This is tho .-simc as the Senate toiii nilnn-nt, Aponcy determines that stor -0,0 In a project
                             Sfnalf nmi'mlirirnt                       except thai the pro;blon rel.'itmr «> com- for regulation of slrcamflow for watcf (lu.Uity
                Scot Ion 32 modules the project for flood              pensation of the members of the i.;uir. 15 i-s not needed or 13 needed in n different
             protection on the Grand River nnd tribu-                   the :.amc a» 'li.'it in the House bill                     ..mount, the project m.iy be modified a.-.-ord-
             taries. Missouri anil lovra. to timhorUc the                                RI3MIH'RsrMrNT- T l » l > i - ^ - '       uitfly and any stonife no longer required for
             Chief of Engineer.-, to proceed with oririlnctr-                                MONTANA                               Wiiter quality may lit- u; ed for other au'hor-
             lnc and dfclsn of the P.ittom.bun: Luke proj-                                   Hou*e hill                            ./rtl purposes of the project. The provi-ii.n*
             ect f.o as not to preclude the ^ib-cqucnt ad-                                                                         1.1 this f eel ion nrc not to apply to .iny proji cl
             dition of power. Therefore, thi.-. .- rction pro-                  prmi-ion                                           •xlVTe the bfncliu ut'rlhutnblr- in w.iicr
             \ldi?s for tho review c>{ thr fre'<nt>mto:. of the                                                                                ,\ci-cd 20 pc-r centum of ihr !<i*ul
             project, tidvavitntcs oV Mldmccc! brldi'e p.ir-               Tl»l.'. "Vlftn          . ihc rtli-, i r.,r I >
             uoipntion. contlnutd p:>rtic4pntion in town                D.im, Montana, to tuit                                                                 anirnrlment
             rrlorallon, and nddi!n'i.iiil\ prowdr. an-                'in the Armv, nrttnK tl                tti<- ii..el                             <ithoi./» . NIC                    11 >f
             UiorUy to tho Clu<-f ul f.ntmcri; >u prucr'«l              Engineer.-', to comprnM                                                                          fr a.. jni.      i\ Hi
             f,tt\\ tho pr«>'fct cmi-icli-rcil «»• t •..•.!« U>         ami o«npr-< »1 ic\inl ,AI                                                 hut i-\i rp'.                            ,,i.f
             meeting nrca need ',.t.j..t in u.i ihn.i -                                                                                           i i. i.» I, it.'         on ,id,.|-i..... Kof
             .•ion to a report tu ttip L I - u :< !••! ..i tu.n ,-is    mcxlllica'lon to fncilltir. . t.rnl                                     i . ,ippr xiii;-.          mixlitu .,!.!.!. ,\
             upproprinlc.                                               pumpln" c».'-'- mad                       ul V , | T .\.i.                                        c.. nnd th< pro-
                                                                                              IBS'
February 13, 1974                             CONGRESSIONAL RECORD—HOUSE                                                                                          H729
vistoiis of this section are iiot to apply to         Agriculture In cooperation with the state                     providiiii; vuMU^r protection services at water
any project where the benefits attributable           of Texas.                                                     resourcci dcvel-ipment projects under the
to water quality exceed 25 per ccnium ot the            Ttiis Mcllvn authorises $600.000 for the                    Jarudiciiuii uf tnc Department uf itic Army
 toUl p'cjcct benefits.                               de» l^ii memorandum *t,.ge of the project and                 and ;o report to co.'it'rc^s not i.itor than
       Conference substitute —Section 65              provides that the draft environmental Im-                     December 31. 10"<.
                                                      pact statement prepared by the Soil Conser-                                        amendment
   This Is the same as the House bill and Sen-        vation Service be circulated for agency com-
ate, snit=i!3!;st n-.osllflct! to provide iha.: the   ment as required by the National Environ-
modification of a project where the water             mental Po'lcy-Act.                                                   Conference s^sbrtit•Jte—Section 75
quality benefits arc between IS and 25 per-                                                                            Tills U the same .-is the House bill.
 cent will take cllcct only on adoption ol res-              Conference substitute— SCKtv n CS
olutions of approval by tnc appropriate com-             E ._cpt tv: :n,nvr technical c'-aiige?. Uiis Is                rmJT-iL u\:u. .f-.'E-.T etuu.\ti»K ACT
ir.lttces of Congress. The provisions of the          th? >:ittic :u- the Scnr.te amcnument.                                            Wourc bill
section are not to apply to any project where                                                                          This section amcr.ds tlic Federal Water
water qurxllly benefits exceed 2s per centum.                                  L- bill                              Project Recreation Act to Increase the Fed-
As used In tlils provision, the term "appropri-                                                                     eral share- of the jeparate costs allocated to
ate committee" would mean In the case of                r
                                                         Thm ^o.licia modifies the project for beach                fish and wildlife enhancement from fifty
water resources project* under tne Jurt^lc-           er -.-:.n co.itrol und hui. 'care flood protec-               percent \r> si-veutv-fi'. •> percent.
tion of-tne Secretary of the Armr. the Public         tion l-i Dade County. Floriux. to provide for
Worla Committees "of the Controls, and in             co:_ .r^-iou by non-Federai Mterests o:id                                    Senate ar.tnd.-r.ent
the cose of such projects under ihe jurisdic-         ma. .ic:.-i..cc by Federal or iion-iT^Ier-. In-                  Nu comparable proi i -lo^.
tion of the Secretary of the interior, the            tert'-iv- rf a segment of the project south of                       Conference substitute —Section 77
Committees on Interior and Insular Affairs            Bakcr'o H.-.ulox-er Inlet. The non-Federal In-
                                                      tero..t> woi'Jd be rclmbunfcd the Federal                        Except for tcchriical chanscs. this Is the
of the Congress.                                                                                                    same ai the House bill.
         LITTLE ciLi'iinr BUTT. ILLINOIS              share a.; that sJiare Is defined In the original
                                                      project authorization. The worK to be under-                                                 st.\xa.*.eos
                             bill                     Uil;cn by non-Federal Interests In advance of                                               bill
   This section authorizes the secretary of           rcguUr Federal scheduling would require                          This section exacts. Into law the Interest
the Army, acting through the otef of En-              pr'or approval ^>y the Corps to assure Its                    rate formula used In the formulation and
gineers. to undertake measures to clear that          comp!!.ir.i-e with Corps standards for com-                   evaluation of water resources projects as es-
portion of the Little Calumc: River, Illinois.        bined beach erosion-hurricane protection                      tablished by the Water Re/ourccs Council
between the point of its confluence with the          and |;s conformity with the larger project ol                 In I9G3. It al» enacts Into !aw the so-called
Calumet-Sag channel and the Indiana State             which It k n part.                                            "Gmndiathcr" provision adopted by the Wa-
        of fallen tree::, roots, silt. and other                     Senate amendment                               ter Resources Council to determine the rp-
          and objects which contribute to                Xo comparable provision.                                   pllcablllty oV the 1J68 formulu to prcTlo-jjly
         g. unslghtllness. and pollution of the                                                                     authorized projects.
river. Non-Federal Interests are required to                  Conference substitute— Section 63
provide local cooperation similar to that                Tills is the same as the House bill.                                      Senate amendment
required for similar project purposes In               EA>T RoaUWAY IKLEJ TO KOCKAWAY INU^                             Section GC proxlc!cs that the Interest rate
other water resources projects.                              AND JAMAICA DAY. NEW YORK                              formula to be used In plan formulation ar.d
               Senate amendment                                            House bill                               evaluations for discounting future benefits
                                                                                                                    and computing costs and the formulation
   No comparable provision.                              Tills section would authorize the Corps ot                 and evaluation of Federal water and land
       Conference mbstitutr Section 6C                Engineers to commence work on the beach                       resources projects shall tc those published
   The conference substitute u the same as            erosion .v-pcct of the combined hurricane-                    In the Federal Rcgis;er on SepioS"icr 10.
the House bill.                                       flood protection and beach erosion project                    1973. (38 F.&. 247771. for all future project
      MintKELLS IN-LET. SOVTT1I CAROLINA
                                                      at East Rockaway Inlet to Rockaway Inlet                      but bars Its application to previously au-
                                                      and Jamaica Bay. New York, authorized fcy                     thorized projects or those authorised lit
                  House bill                          the Flood Control Act of IOCS. Initiation of                  whole or In part by this bill.
  No provision.                                       constnictton would follow completion of en-
                                                      vironmental studies and receipt of adequate                         Conference substitute— Section SO ' '
              Senate amendment                                                                                         This Is the same as the House bill except
                                                      local participation assurances for the beach
  This section modifies the project for navi-         era-ton ft'-pcct. Local Interest would be re-                 for a technical amendment to Insure that
gation at Murrclls Inlet. South Carolina, to          quired to contribute 50 percent of the cost of                the "grand.'ather" provision will be exactly
require the performance of emergency dredg-           the beach erosion aspect.                                     as contained In the regulation Issued by "he
ing operations to maintain channel depths                             Senate amendment                              Water Resources Cour.cll and applicable to
sufficient to permit free and safe improve-                                                                         all projects In the same manner as published
ment of vessels v.ntll the authorized project            Thu -scct.o:» would authorize the Corps of                 In the Federal Register on December 24, 19G8.
Is constructed.                                       Ei:<;Inee« to commence work on the beach                      In addition, a new subsection has been added
      Conference substitute— SfoJion C7               erosion aspect of the combined hurricane-                     to require the President to make a full and
                                                      flood protection and beach erosion project                    complete Investigation and study of pun-
           the same as the Senate amendment.          at East Rockaway Inlet to Rockaway Inlet
           LOWER HIO r.RANDF. BAMS                    and Jam.xlca Bay. New York, authorized by                     clplcs and standards for planning nnd eval-
                                                      the Flood Control Act of IOCS. Initiation of                  uating water and related resources projects
                    House bill                                                                                      ar.d cost sharing for such projects. The re-
   This section directs the Secretary of the          construction would follow completion of en-                   port of this study Is to be submitted to Con-
Army, acting through the Chief of Engi-               vironmental studies and receipt of adequate                   gress not later than one year after funds are
neer. to make a review of the plan of devcl-          local participation assurances for the beach                  flral appropriated for the study.
ormcnl for tnc Iiowcr Rio Grande Basin In             erosion aspect. Nothing contained In this sec-
\%tllacy. Hidalgo and Cameron Counties.               tion .-.h.i.l increase or reduce the percentage                  F O I R J l l l t KIN". ALCX.\N1iRlA-.MtUN(.|.iN,

Texas, recommended as Phase I m the re-               of total costs of the entire project to be                                              VIKGINIA

port of the United States Department of Ag-           contributed by non-Federal Interests.                                                House bill
riculture. dated July 1DG9. and .'.ubmlt a                  Conference substitute — Sfttion 72                        Tills M-cit >n nv.xlilles the project for flood
report to Congress on the fe.v.ib»ll> u{ the            1 lik> 1.1 ...c A.itr.c ••>••< me bciuitc .iincudiiiciil.   coiilrui on Pu.ir Mi.c Kun, city of Alexandria
proposed Wllncy-HIdalgo Floodwater Chan-                        ARKANSAS — RCD RIVKR I1ASIN                         and Arlington County, Virginia, to Incorpo-
nel. and the North Floodw.iy Channel as                                                                             rate ctruin reduction.. Ir the physical n->-
flood control Improvements for the Lower                                   House bill                               pccts ..' the projMt, to limit the Federal par-
Bio Grande Bxsln.                                       Sectlun 7; mcdlilc.i the project for water                  ticipation, and tu require non-Federal IM-
                                                      quality control In the Arkanxis-Red River                     tere.-'t.. to bear an ccmlUiblo portion of project
               Senate amfndmrnt.                      Basin to authorize the Secretary of tut- Army                 responsibilities.
   This se^t Ion author^e-i theSecrriary of the       to initiate construction of the area VIII fea-
Army. acting through the Chief of Engineers,          ture of thf^projcct prior to the approval re-                                  Sfaatf amendment
to undertake the Phjiv- I dc--.ii.ii memo-            quired b> .sctii^si 2ol ol the r'loixl Cwnirol                  T!i!-, i-. ..nb Uu.twi.^ the MI mi- .'u. tt.c H(III.->O
randum stasc of the project involving the             Act oi Ui7o.                                                  bill with a technical enrrtei'on.
WlIlftcy-HIdalc.i Flixxlwater Uyp.'i-s. the La-                      Senate a<ncmlmfnt                                     Conference siilntituie—Section JM
guan.i Madre Floodwater Channel, and the                                                                              This is the Mime :ii Uie Senate amendmi-nt.
North Floodway Channel in tni? Lower Rio                No c.inip.ir.iblr provision.
                                                                                                         Vlf. iNt HNIi St\T-S IlRmr.r. VTRMNI.\ AJfD
Grande Basin In \Vill.-iiy. Hidalgo. and Cam-              Conjerfnif sutnilltitr —Srelion 7-1
eron Counties, Tcxar-. sub •Mm tally In ac-             TnL. i:. the- s.\me as the Hou.'.e 1)111.
cordance with the roeommondnMim, for pha. e                           VISITOR pnorrcTioN
I contained In the comprehensive s'mly rviitl                                                          Till". se^U.ir nu'ncTli-s a ci-imprrhen-lvo
plan of development for Uic I»v.er m»                                      Home bill                 nlan u> satui- '^.. t.-itcr and related resources
Grando Basin Texas, dated J.i'.y IIWD. pre-             SfUl^.t 75 rciiitlres the Secretary of tho nv«(ls of ',no fotomnc River Basin and tho
pared by the United States Department of              Arm; to j>tud; the need for and means of water suppij uccU., ol Uio Waslmigun Met-
                                                                             1G3
H730                                             CONGRESSIONAL RECORD — HOUSE                                                          February !•), 19?.'?
                                        1
ropollton Area. The pirn ccnt-'J (.' threa                        protection levee arc also autht^-Ucd BS                   [or fre;h xejtei lakes under *ocuon .ill
interrelated elements.                                   accessary for the Increased flow.                        of the Federal Wr.tcr Pollution Con'.rcl .V.-t.
    Tho second element o: the-plan Is an Inves-                  Confirenct substitute —Stctivn S7
tigation of tho use or the waters of the Po-                 This Is Cie fun* as the Senate amend-
wnac estuary as a source of water supply for                                                                                                Baitfe b.ll
'.he "Washington Mctrcrollton Area. This                 ment.                                                        Section 09 '.uihorlscs rr.odlScatl-Mi of tl.e
i.tixdy Includes too cvn,-tructU-a. opera: i-jn.              JUT1ZCATL DiM AND JC£--24^U:. v^Etv.V               Cache River Booin feature. MlKlssippl River
and evaluation of a p2ot water treatment                                         House 6fll                       und trlbutarl-".-. Arkansar-. to provide for tlic
plant. For some years it has bwn arjirurd                    frectloa 89 modlGc? tne project for the acquisition of lands for the mitlcatior* of
that the1 Verona, acd SKes Bridge projt.-ti-. ts         R^up River, Oregon smd California, to pro- fbh and E-lMllJc Iccr.rc. caused by the project
well as other proposed dams In the basin, nre            tifio Uuit WILL respect to the                       as- at an estimated cc-^-t of $5532,000. Not to
not necessary bceaust the water nevds r-t the            pect of the Applc^&tc Dam and                            exceed 30.COO ttcrcj of lax.3 shall be acquired
Washington or- a can be met by the Potomac                                                                        ui.d approprtiic nun-Federal Intcre-.U r.hjll
estuary.                                                                 orrant.eniciiti iith the Secretary contribute 100 percent of the cost of rniat-
    The third element of the plan Is the most            ot the Interior, prior to use of tne project urt£ undurta-'.cn for u,.h and wildlife en-
In.portont, It dlnrets n ?5'i million review             for irrigation, for repayment under the pro- hancement. This section li to be e3c-~'.<<e
study i-r the water and related resource*                visions of Jie reclamation Iau-i o! Uie cc^-ts only If approved by the du~nct court for
needs of the Potomac River B»ln and the                  nl!ocatod to irrigation.                                 the Eastern District of Artianras, Wf-Urn
Washington Metropolitan Area.                                               Senate amendment                      Division. Its decision In the care of EJ3I1.
               Senate amendment                                                                                   tnd others vs. FWehlte. and others.
                                                             SecllQti 42 also modifies tile project for the                          Senate arncr.dn*'.nt
    This section, authortes a comrjehenslve              Iloeuc River Basin to provide that «jn£tnic-
plan to satisfy the water and related resources          lioh if the Apple^ate Lake project may 0^31-                 This i^ctlor. auth^.lres modlflcutlOii of the
needs of the Potomac Hirer Basin and the                 mcnce before n^n -Federal interests mriV.e CaUic River Bisln feature, Mississippi River
water supply heeds of the Washington Met-                necessary arrangcmenti witt. the Secretary arid tributaries project. Aricansas. to provide
ropolitan Area. The plan consists of three In-           of the Interior for repayment in accordance for the acqu;slt!on of lands for the mitiga-
terrelated dements. The Verona Dr.m in Vir-              with the Federal reclamation laws of costs tion of fish and wildlife losses caused by
ginia and the Sixes .Bridge.Dam In Maryland              allocated to Irrigation purpose;, except that the project.
 are authorized through the pnasc I design               the project Is not to be operated for Irriga-                It provides for acquisition by fee or ease-
memorandum stage or -advanced engineering                tion until these arrangements hnvc b-.cn ments, ot no more than 70.000 acres of lacd
 and design.                                             made.                                                    for flsh and wildlife management, recreation
    The-second element or the plan directs a                                                                      ar.d environmental purposes, of which no
study of tho water and related resources                          Cfmf<jcnte substitute —S-.ciu/n Si
                                                             Thl? Is the same as the Senate amend- less than 30000 acres shall be House-: for
                                                                                                                                                                  io:e
                                                                                                                                                            available- lor
needs of the Potoaiav. River Bsiin ana ths                                                                        public use as contemplated in
Washington Metropolitan Area, wnlch must                 ment.                                                    mcnt No. 92-3CG. Federal expenditure <          e oj^^v
be made before there !s further authorization            DKUT A::O DEIKIJ. XTMO-.AL — NC-.V TOSK IIAXDOK more than »7 million Is authorized, with "fflr            ith
of Sixes Bridge Dam.                                                             HO-JSC Wl                        provision that local Uvterests shall bear SO
    The third clement of the plan Is an In-                                                                       percent of any of the land acquisition costs
vestigation of tho use of tho waters ot Uie                  Section 113 of the River and Harbor Act
Potomac estuary as a source of water supply              of 1970 authorized the New York Harbor In excess of $C million.
for the Washington Metropolitan Area. This               Cv-"ff tl«-.n and Removal of Drift project. The              The sccUi-n provides further that iio less
 study Includes the cuiulrucUon. operation,              authnrlzatlnn was made subject to the ap- uian 20 percent of Ihc annual appropi latiari
and evaluation ol a. pilul nalcr treatment               proval by the Secretary cf the Armj and tho fur Cache Riicr shall be earmarked for
plant.                                                   President of project plans and local cost mitigation purposes until the full Federal
    The section cl.rtvU. the Corps of ILi-yinccrs        sharing This approval was never git en w.d                                      of (G c..;>ton as authorized m
to contract with the Njiion.il Academy of                the authorization has not been Implemented.                                    is been appropriated.
Sclcnccs-Xatlonal Academy of Engineering to              This section authorizes thlf project without                      Conference substitute—Section 33
review and by written report comment on                  the condition or approvals by the Secretary                  Except for technical amendments, this Is
tho scientific basis for tho conclusions                 nnd the President.
                                                                                                                  the same as the Senate provision.
•reached -a 1th respect to tiictisc of the estuary                          Senate amendment                              i mr.irox r.rvns. IOWA AND jn.-isonti
for water supply and tho e.'tuarlne pilot                    Xo comparable provision.
project. In its su>» quent report to Congress,                                                                                              7/ouJc bill
the Corps would 'iuv> be required to Include                      Conference substitute — '.rjicni 01                 Xo provision.
written comments by the National Academy                     Tills Is the same as the house bill.                                     Senate amcr.dmrr.i
 of ScIcncc-NatlonnI Academy of Engineering
 ->n nny recommendations made for supplying                                                                           The project on the Chariton River. Iowa
                                                                                 Iltntff bill                     and Missouri. Is modified to require the Sec-
  oo water needs of tho metropolitan Wash-
 ington nren from the Co.uary. TMs report                    This section modifies the project 'ur Rus- retary of the Army to pay »700.000 to the
 moat bo submit! ;<! before furiher authoriza-           sian River, Dry Creek. CMlfom«i. to authur- I-j.\..i Cviuc:..ilion CoRitiiisslon toward the
 tion of Sixes BrlUfc Dam.                               l7.e nnd •Mrcct the Serrctarj of the Army. act- cost of cotKstnicilon by the Commission of
                                                         Ing thrcyph the Chief of Engineers, to com- a fUh hatchery for the purpose of
       Conference sriotlttute—section S5                 pensate" for fish losses on the Russian River, fish loccvs resulting f-om the constnictlcJ
    This Is the -^amf as the Fonate pr                   which may be attributed to the operation of of Ifctihbum. S.iylorvllle. ComlvIIIe. nnd IZcT
                                                         the Coyote D.irh. throuph measures Fu^h ns Rock D,tm nnd L»ke, Iowa.
                       House bill                        possible exp.in.ilon of the fish hatchery at                     Conference substitute—Section 10!
      An authorized Corp.-? of Endneer.% project         Warm Springs Dam.                                            This Is the- same as the Senate provision
  In Louisiana provides for extension of Bayou                              Senate amcndmrnt                      except that no payment is to be made until
  Cocodrle to tho west Atclufnlnya Boiln Pro-                No comparable provision.                             the Secretary of the Army hns approved the
  tection Loue via n dlvcr-ton canal i\W-h-                                                                       pl.uis for tho flrh h?tchery.
  ln[;ton-C<:«iirt,-ibleau) find enlrifgi-mc-n* of tho       Tiilt is the Mmt> as the House bill.                       KANSAS nivrn.
  Bayou Court,iblc;iu dralnayu structure nnd
  outlet channel. ThL~. vection Authorize.- the                    i.ncMUWAT ui«r, sotmi CA
                                                                                                                                            House bill
  Secretary of the Army, nctin.e through the                                     llov-'f bill                         Mi-- provision.
  Chief of Engineer.-, to m.i!;e .T -.tudy tc. iloter-       Tht;- «-ectIon authorise.: the Sec.t-Ury <,:
" mine tho fe.v.JbllHy of mndlfylnr the nulheT-                                                                                      Senate amendment
                                                         the Army nctinp through the Chief of En-
  izcd project by enlarging ihe channel of               plnrer^ to rcmoic ..lit nnd aquatic growth                   The projert for the Krinsas River Knr- ,ti.
  Bayou CourtableiiU brtivi.-i.-n Wft. ninfton and       from Bro.idwny L?tf:e. .\ndvr.-x>n C-onn»y. Nehra'ka. nnd Colorado. Is modlilrd to pro-
  nnd tho protection lever, in lieu of thn riti-         South Carolina, nl nn f-'lmntr-d r.-. t ot vide Uint the Sc-croUiry of the Am.? Is nu-
  thorl?od direr-lon ciirinricl. ;>nd rhe in'-TAlIa-     S400.0IX).                                               Thori7fel f^i relocate C"cl-.tiri£ PAS 13^:» ero j--
  llon of additional cult pit. Uir"ii> li tin- \,ot                                                                Inr •'•tcr tin.- Vermilion Crvvfc In ruhiun-t- of
  protection Ic\ce.                                                        Sfnotf itrnrntlW'-nT                   «-;.ii .'nictlon c.f the On,i|^i I^i::e project
                 Scrmtt* a><it~iulment                       No caiT>p.ir.'ibIe provl: ion.                               r,,nf,-r,"rif' *Ul":titUt<*~S,-cttan ;r>r
      This rcctlun would nMthon/e ;irt rnli.r> <••                ConififT'Cf XK'I -'ilutt-— >•< , \.f.i '.i\
                                                                                                                      S.imr :i'. the £onnl" provL-.lon.
  ikfut of Whf> ch:u<I/il of Bjyua C-Jiirt-'iblf.'-u         The Sf-.-rt.iry of thi> An»y 1- uiiTlion.vd
  from Wo.-.hlnv:ton. Ixjut. i.n,n, to ilio WL- ' pro-   nnd directed to undertake o dernair-tr.tTifin •r.,vr\'iii .«v-i:-"N i.iKr. v.x.f tir. i-.i«
  Tt-ctlon Ii-vcc ru'-, a n.<xlin<~>rion if> an u>i-     project for the removal t,{ MI nncr sif|M,.'ic                                     ll-u-f 1>tll
  thorlwd Ml.-- K.lppl nivrr ili>>d e-'titrol proj-      yrrowlh from Brotidway 7 il:i\ S-iulh C.^rf.-
  tft. nnrt that the rl^ht of w.iv und :pc>ll            llnattt im « .-.United c-v-t of iloo.t«>i ll<- .-lull                       SfnaTf fl
  »re»K for thcrmodl.lciitionbe pro-.lrtrd nl fed-       report to the AtlmlT»L.tr»t«-T «f WA r,,-otn.                Trtf STfii^" .ill Jaf't                     f . W« •: t
  trsU cxpeiv-e Additional cui\cr( >l>r»i<rh tho         nic-ii'l(irti>n . to ,v. I t in r^rrun,' om ih" pro-         -I. rd\.r. \Vc ' Vm                         h. TI."M|


                                                                                   1G4
  February 13, 1974                            CONGRESSIONAL RECORD—HOUSE                                                                     H731
 ' by section 203 of UM Flood Control Act ol          authorize* Federal agencies to participate In       ference with the recreational use of the area
   1966. Section 221 of the Flood Control Act ot      construction of treatment facilities through        and to prevent Injury to the area. Construc-
   1970 proYldei that non-Federal interests           reasonable serrlce charges. This section au-       tion of family and group camping facilities,
   must enter Into e.nforceable contracts to tur-     thorizes the Secretary to make such contribu-      lodges, nature trails, picnic area.% and bridle
   nlsh the required Items of local coopentloa        tions for that portion of the cost of con-          paths In adjacent areas will enhance the
   in connection with tht water resource* de-         structing the sewage treatment plant attrib-        recreational range of the are*, and will thus
   velopment projects constructed by the Corp*        utable to ths> purpose of treating the sewage       enhance the economic contribution of the
   or Engineers. This section prorlde* that the       resulting from the operation of Corps facul-        project to the region.
   requirements of such section shall not apply       ties. Payment for such construction cost*)          _ Historical restoration will bt assisted at
   to any agreements between th» United States        may be either In a lump sum or on an In-           Rugby and reconstruction of the Blue He tm
   and the State of West Virginia concerning          stallment bads.                                    mining community which Is located on t>«
   this project and specifically authorizes the            Conference substitute—Section 107             Big South Fork near Devil's Jump will bi
   Secretary to enter Into these agreement*.                                                             undertaken by the Secretary.
                                                         Same as the Senate amendment,                      The Secretary Is commissioned to study
        Conference substitute-section 104             sic SOUTH rout or THC ctmmzmuND amm.               possible uses of the abandoned O*W Railroad.
      This Is the same as the Senate amend-                      KXNTDCKT AND TENNTSSSZ                     The Secretary is directed to study the
   ment.                                                                 House, bill                      transportation access to the recreation ueas
           SOUmtS BITES. KOBTK DAKOTA
                                                         No prorislon.                                   to establish an internal network of road*
                     House W«                                        Senate amendment                    sufficient to supply ready access to the fa-
     No provision.                                                                                       cilities of the recreation area. This section
                                                         Section S(c) directs the Secretary of the        also provides that the Corps shall, with the
                      Senate WK                        Army, through the Chief of Engineers and In       assistance ot other Interested Federal agen-
      The project on the Sourls RlTer at UlnoV         accordance with the national recreational         cies and with the Stats of Tennessee, formu-
    North Dakota. Is modified to authorize the         alternative of the Interagency Report (Park       late a comprehensive plan for improvement
    Secretary of the. Army to reimburse the des-      Service. Forest Service, and Corps of Engi-        of the water quality of the New River.
    ignated non-Fed.Tal public bodies for the          neers), to establish a National recreation           The Secretary 1* charged to maintain the
    estimated additional cost being incurred by       area on the Big South Fork of the Cumber-          water quality of the Big South Pork and In
    them for lands and relocations In the pro-        land River In Kentucky and Tennessee for           the execution of this function shall cooperate
    posed channel realignment at the Third Ave-        the purpose of preserving the natural value*      with appropriate federal and state agencies.
    nue N.E. Bridge In Ulnot. Such reimburs-          of the gorge* and free-flowing rivers and             In addition, this section provides:for the
    able costs are not to exceed $200.000.            streams and for the purpose of developing tit*     payment to the counties of sums In lieu of
         Conference substitute—Section 105            area's potential for outdoor recreation. At        taxes during the first years of the project.
                                                      such time as an admlntoterable area has been          The estimated cost of the project Is $32.-
      This is the same as the Senate amendment.       acquired and construction of necessary roads,      85O.OOO. Of this sum approximately * 14.000.-
•t           smnxx AT CHESTO. ILLINOIS                recreational, and administrative facilities        000 will be necessary for the acquisition of
                      House trill                     completed, authority for management will           lands. tSOO.OOO for the acquisition of Im-
      No prorislon.                                   be transferred to the Secretary of the             proved properties, and I18.350.00O for con-
                                                      Interior.                                          struction of Improvements In the area.
                  Senate amendment                       The project sna Is limited to 125.000 acres.          Conference substitute—Section 10$
      This section authorizes the States ot Il-          The Secretary Is given the right to acquire
   linois and Missouri to contract IndlTldually       property by donation, purchase, or by the use         This I* the same a* the Senate provision
   or Jointly with the City of Chester. nilnoU.       of eminent domain, so tbat the total are*          except for technical and clarifying changes.
   on or before June I. 1974. to aniume respon-       may be efficiently acquired.                           SMAU. STBEAMSANK EROSION PBOJXCTS
   sibility for operating, maintaining and re-           Persons residing within the boundary of                           House bill
   pairing Chester Bridge and approaches there-       the project area are given the right to retain        This section authorizes the Secretary of
   to and lawful expenses incurred in connec-         their property for their lifetime or for a term    the Army, acting through the Chief of En-
   tion therewith (exclusive of principal. Inter-     of 25 years at their election. Tenants residing    gineers, to investigate, plan, and construct
   est. and financing charges on the outstand-        upon property to be acquired are allowed           project* for the control of streamhank ero-
   ing Indebtedness on the bridge and ap-             to continue residence during their lifetime.       sion In the United States. It* possessions,
    proaches) . When such an agreement has been          Minerals underlying the recreation area         and the Commonwealth of Puerto Rico,
   entered Into, all tolls thereafter charged shall   and which can be recovered by deep mining          when in the opinion of the Chief of En-
    (except as otherwise provided) be used (1) to     where the adit to such mine is located out-        gineers, such projects are consistent with the
   retire outstanding: indebtedness on the bridge     side the boundary and where su'a mining            objectives of sound flood plan management
   and approaches, and (3) credited to a sink-        will not disrupt the surface, can be retained      and will result In substantial public benefits
   Ing fund established for the bridge. Tolls are     for removal by the owner or owners subject         through the provision of needed protection
   not to oe charged after the outstanding In-        to inspection and regulation by the Secretary.     to public, residential, and commercial prop-
 ' debtedness has been retired or sufficient             Hunting and fishing are permitted within        erties.
    fund- are available through the sinking fund      the recreation area, but subject to such             No single project may be constructed un-
    to pay off all outstanding Indebtedness. If a     regulations as the. Secretary may Issue to         der this section If the estimated Federal first
   State declines or cannot participate In the        Insure safety to 'other recreatlonlsts and         cost excesds (250.000. An annual expendi-
     greement authorized by this section, the         compatibility with other recreation users.         ture limitation of SIO.OOO.OOO Is Imposed. Ap-
      her State may assume the responsibilities                                                          propriate non-Federal Interests are-required
   such State would have assumed under such              For the purposes of administration the
                                                      recreation area Is divided Into two distinct       to furnish assurance* that they will provide
   an agreement. In that event, the assuming                                                             necessary land*, easements and rights-of-
   State shall be entitled to receive from tolls      sections—the gorge area and the adjacent
                                                      areas. Within trie gorge area the removal of       way, hold and save the Ur.lted State* free
    nfter provision Is made for principal and In-                                                        from damage* due to construction, operate
    terest payments on any Indebtedness then          timber and minerals for commercial pur-
                                                      poses Is strictly prohibited. The natural          and maintain the projects after completion,
    outstanding on the bridge, as reimbursement,                                                         and contribute 25 percent of the first costs
   an amount of money (no less than annually) .       values of the gorge area ure paramount. The
                                                      only Improvements allowed In the gorge area        of the project.
    which Is equal to the nonpsrtlclpatlng                                                                             Senate amendment
   State's fair share c> the operating, mainte-       are to be day-use facilities along the access
    nance, repair, and other lawful costs In-         routes into the gorge, restoration of historical      No comparable provision.
    curred In connection with the bridge and its      sites, and primitive campsites for access by                   Conference substitute
                                                      water. Several access routes are designated for
                                                      Improvement. These will furnish adequate              No comparable provision.
       Cnr./crencc xubitilutc—Section 10(             access by motor vehicle Into the gorge with-           FLOOD PROTECTION PROJECT, ST. LOUIS,
              the Senate provision.                   out diminishing natural values, since they                          MISSOURI
   .Mt.Ml.irAI. AND (trCIONAL WATt» TREATMENT
                                                      are located In each Instance along existing                          House bill
                     rAcrtrrirs                       roadways. The bulk of the gorge area outside          Section IS modifies the project for flood
                                                      the access corridors will be accessible only on    protection in St. Louis, Missouri, authorized
                     House bill                       foot, horseback, or by canoe. Undcslgnated
    No provision.                                      roads In the gorge will be maintained for foot    by the Act of August 9, 1955, to authorize
                                                      and horseback us*.                                 the Secretary of the Army, acting through
                 Senate amendment                                                                        the Chief of Engineers, to reconstruct the
     This section authorize* the Secretary ol            The designation of primary and secondary        existing service and access roads along th*
  the Army after consulting with EPA to par*          access roads Into the gorge will furnish em-       line of protection so ac to adequately carry
  tlclpate in the cost of constructing region*!        phMla on balanced use of the gorge area.          present and anticipated traffic load* at an
  or municipal sewage treatment plant which              Adjacent areas are available to a wider         estimated coit of »1,300.000. No appropria-
  a ill receive cewage from recreation area* «i<S     range of uses Including the extraction of          tion Is authorized until engineering plans
  other facilities at Corp" project*. Seclt   IIS     minerals, according to such regulation* as th«     havt been submitted and approved by the
  of tlie Federal Water Pollution Contr> 1            "Vcretary may prescribe to prtvent Inter-          Committees on Public Works.




                                                                           JK5
H 732                  s                   CO:
           ' Senate
   No* comparable provldon.       _..
            Conference tubttitute
   No comparable provision.
             new BITIB. vncuciA
                  House MU
   This Mctlon authorise* a study by the VS.
Army Corp* of Engineer* of possible recrea-
tional. conservation and preservation me* of
the New Hirer between Its South and North
Forks and the town of FriesrVlrglnla.
             Senate amendment            -
   No comparabl* provision.
            Conference tubitittite
   No comparable provision.
        UANISTB HABSOB. MICHIGAN
              - Hotue bill        ,~
   Section 5 of the Bouse bill require* the
Secretary of the Army, acting through the
Chief of Bnflneen, to .remove the sunken
•tearner Qten from l^uihrtee-Harbor. Mlchi-
faa.      " '       _^ _ -.          ... _
             Senate amendment
   No comparable provision.
            Conference iubttKute
   No oomparable provision.
WOMNATICABXLITT— HUDSOK mlTEK, NEW TO»IC
                     House bill
   No comparable provision.*
               Senate amendment
   This section declares a described portion
of the Hudson River in New York County,
State of New York, to be not a navigable
water of the United State* within the mean-
in*; of the tows of the United State*, and
give* th» concent of Congress, subject to th*
requirement* of State and local law, to the
filling in or all or any part of the are* or the
erection of permanent pile supported struc-
ture* In tho area.
         ~: Conference sutstittue
   No comparable provision.,
                : • RAT ROBEXTS,
           ' '      HAHOLD T. JOHNSON.
                    QLTMN U. ANDEBSOK.
                    ROBOT A. ROE.
                    WILLIAM H. HABSHA,
                    Qrtrt SNTOEB,
                    Dow H. CXAUSIN.
         Manager! on the Part of the House.
                    MIKE OBAVIX,
                    JENNINGS RANDOLPH,
                    LLOYD BENTSIN,
                    QUTNTTN N. BUBDICK,
                    WILLIAM L. SCOTT,
                    HOWAID BAXEK,
                    ROHEXT T. 8T.MTOID.
         Managers on the Part of the Senate.




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