Summary: H.R.5314 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (09/26/1990)

Water Resources Development Act of 1990 - Authorizes the Secretary of the Army to carry out specified public works projects in specified locations within the United States for improvements to navigation, flood control, storm damage reduction, and the construction of recreation features. Specifies the total cost, as well as the estimated Federal and non-Federal cost, of each project.

Modifies various public works projects previously authorized under prior water resources development Acts.

Authorizes the Secretary to carry out a three-year market feasibility program for determining existing opportunities for private sector development of facilities for water, waste management, and energy generation and other critical support facilities. Authorizes appropriations.

Revises the funding formula for costs assigned to commercial navigation.

Amends Federal public works law to authorize construction for preparation for an emergency response to any national disaster. (Currently, such law authorizes construction for flood emergency preparation only.)

Authorizes the Secretary to complete and transmit to the appropriate non-Federal interest any study for the improvement of harbors and inland harbors of the United States initiated pursuant to the River and Harbor Act of 1960.

Amends the Water Resources Development Act of 1986 to remove time limitation requirements for the review by the Secretary of the operation of water resources projects and modifications to such structures. Revises reporting requirements with respect to such reviews and modifications. Extends the current single authorization of appropriations for such reviews and modifications to an annual authorization.

Directs the Secretary to establish procedures to determine the ability of a non-Federal interest to pay the required cash contribution under a cost sharing agreement for a flood control or agricultural water supply contract under provisions of the Water Resources Development Act of 1986.

Directs the Secretary to include environmental protection as one of the primary missions of the Corps of Engineers in planning, designing, constructing, operating, and maintaining water resources projects.

Establishes as part of the Corps of Engineers water resources development program an interim goal of no overall net loss of the Nation's remaining wetlands base, and a long-term goal of increasing the quality and quantity of wetlands in the United States. Outlines a goals and action plan for the development and restoration of wetlands, authorizing the Secretary to carry out demonstration programs to restore and create wetlands. Authorizes the Secretary to establish and carry out a program to evaluate and demonstrate the use of constructed wetlands for wastewater treatment, as well as methods by which such projects contribute to meeting the objectives of the Federal Water Pollution Control Act. Requires emphasis in such projects to be given to small and rural communities either lacking wastewater treatment facilities or with substandard facilities. Directs the Secretary to establish in the Corps an interagency working group on wetlands for wastewater treatment to coordinate, manage, and oversee all phases of the wetlands-for-wastewater-treatment program. Outlines non-Federal responsibilities with respect to each such project. Authorizes the Secretary to establish and implement a demonstration program to determine the feasibility of mitigation banks as a means of contributing to such projects and of evaluating the feasibility of utilizing mitigation banks for satisfying compensatory mitigation obligations under the Federal Water Pollution Control Act, the River and Harbor Act, and other Federal laws.

Directs the Secretary to convene a Louisiana Coastal Wetlands Conservation and Restoration Task Force to identify and prepare a priority list of coastal wetlands restoration projects in Louisiana which provides for the long-term conservation of such wetlands and dependent fish and wildlife populations. Directs the Secretary, the Director of the U.S. Fish and Wildlife Service, the Administrator of the Environmental Protection Agency (EPA), and the Governor of Louisiana to enter into a Louisiana coastal wetlands conservation planning agreement, with a goal of achieving no loss of wetlands in the coastal areas of Louisiana.

Requires the Director to make matching grants to any coastal State to carry out coastal wetlands conservation projects. Provides cost-sharing provisions. Authorizes appropriations.

Prohibits certain new or substantially improved structures from being included in the benefit base for justifying Federal flood damage reduction projects.

Directs the Secretary to report to the Congress on the advisability of not participating in the planning, implementation, or maintenance of any beach stabilization or renourishment project unless the State in which the proposed project will be located has established a beach front management program that includes certain restrictions and provisions.

Directs the Secretary to establish for each major reservoir under the jurisdiction of the Corps a technical advisory committee to provide recommendations on reservoir monitoring and options for reservoir research. Directs the Secretary to review the operations of reservoir projects currently under his jurisdiction and make appropriate changes.

Directs the Secretary, whenever necessary to meet the requirements of the Federal Water Pollution Control Act, to remove contaminated sediments outside the boundaries of and adjacent to the navigation channel as part of the operation and maintenance of a navigation project.

Directs the Secretary, in planning any water resources project, to consider the impact of the project on existing and future recreational and commercial uses in the area surrounding the project. Provides that activities currently performed by personnel of the Secretary in connection with the operation and maintenance of hydroelectric power generating facilities of the Corps are to be considered inherently governmental functions and not commercial activities.

Authorizes the Secretary to provide technical, planning, and engineering assistance to States and local governments in connection with Great Lakes remedial action plans identified under the Great Lakes Water Quality Agreement of 1978.

Amends the Water Resources Development Act of 1986 to include preservation and enhancement of the environment in matters to be addressed in water resources planning under such Act.

Amends the Water Resources Development Act of 1986 to deauthorize the Cross Florida Barge Canal project located between the Gulf of Mexico and the Atlantic Ocean. Transfers Canal project land to the State of Florida under specified conditions.

Directs the Secretary to carry out specified small navigation projects in New York, Michigan, and Montana.

Directs the Secretary and the Administrator of EPA and the Governor of New York to convene a management conference for the restoration, conservation, and management of Onondaga Lake, New York. Authorizes the management conference to make grants for research, studies, surveys, and activities in connection with the development of a management plan for the Lake. Authorizes appropriations for FY 1992 through 1998 for such purposes.

Directs the Secretary to complete the project for the removal of salt and aquatic weeds at Sauk Lake, Minnesota.

Adds the removal of salt and aquatic growth at Wappingers Lake, New York, to water resources projects authorized under the Water Resources Development Act of 1986.

Authorizes the Secretary to carry out small flood control projects in specified areas. Authorizes the Secretary to carry out specified shoreline or streambank protection projects.

Authorizes the Secretary to continue specified water resources projects notwithstanding a specified provision of the Water Resources Development Act of 1986.

Directs the Secretary to carry out erosion prevention projects in Vermilion and Cameron Parish, Louisiana.

Authorizes and directs the Secretary to design and construct certain flood control measures in the vicinity of Hazard, Kentucky, as determined necessary for the prevention of further flood control damage.

Authorizes the Secretary to enter into agreements with two non-Federal interests in order to demonstrate the construction and management of harbor projects by non-Federal interests, as long as the cost of doing so will not exceed the cost of the Secretary undertaking the project.

Directs the Secretary to modify the reversionary interest of the United States in certain real property in Georgia to allow a local church to operate a retirement village on such land.

Amends the Water Resources Development Act of 1986 to extend for five years the Upper Mississippi River Management Plan.

Modifies the cost of a flood control project in San Luis Rey, California.

Authorizes the Administrator of General Services to exchange certain lands in the Prado Flood Control Basin, Riverside, California, for specified real property.

Directs or authorizes the Secretary to transfer specified real property in Sneads, California, Sault Sainte Marie, Michigan, and Aberdeen, Washington, each subject to certain terms and conditions, including the use of such property for specified purposes.

Directs the Administrator of EPA to report to the Congress on the feasibility of designating an alternative site to the Mud Dump site in the New York/New Jersey harbor region for the disposal of dredged material. Requires the Secretary and the Administrator to report to the Congress a plan for the long-term disposal of such dredged material. Authorizes the implementation of a demonstration project for such purposes. Authorizes appropriations.

Amends the Water Resources Development Act of 1974 to revise the date of transfer of the Big South Fork National River and Recreation Area.

Authorizes a Federal official making financial assistance available for a construction project in the Virgin Islands to make such assistance available to the Secretary in lieu of the Virgin Islands.

Directs the Secretary to conduct a study of, report on, and complete a technology demonstration of methods to meet the water supply needs of: (1) Liberty, Ohio; and (2) Washingtonville, Ohio. Authorizes appropriations for such projects.

Requires the submission and review of a report before any construction may be carried out in the Albermarle Sound-Roanoke River Basin in North Carolina.

Authorizes the Secretary to conduct a study of wastewater treatment options for transporting contamination in Rhode Island to a wastewater treatment facility in Cranston, Rhode Island, through the use of a regional connector system. Requires a report and demonstration program. Authorizes appropriations.

Authorizes the Secretary to provide assistance or otherwise carry out water resources development projects in: (1) Santa Rosa, California; (2) Flat Rock, Michigan; (3) Warroad Harbor, Minnesota; (4) Rondout Creek and Wallkill River, New York and New Jersey; (5) Struthers, Ohio; (6) Virginia Beach, Virginia; (7) Youngstown, Ohio; and (8) Maysville, Kentucky.

Establishes the Southwest Region Flood Response Evaluation Commission to evaluate and make recommendations concerning flood control measures in the Arkansas, Red, and Ouachita River basins in the U.S. Southwest. Terminates such Commission 30 days after submission of its final report.

Authorizes the Secretary to undertake projects for the rehabilitation and reconstruction of Federal flood control levees on the Arkansas River, Arkansas and Oklahoma.

Authorizes the Secretary to develop and install a flood warning system for the Santa Clara River and its tributaries, California.

Amends the Water Resources Development Act of 1986 to extend the Rend Lake water storage contract.

Directs the Secretary to amend the contract for the use of storage for water supply in Caesar's Creek Lake, Ohio, in order to review requirements concerning certain annual payments required under such contract.

Declares certain portions of Lake Erie to be nonnavigable waters of the United States, under specified terms and conditions.

Directs the Secretary to submit to the Congress a list which identifies opportunities of enhancing wetlands in connection with the construction and operation of water resources projects.

Authorizes the Secretary to assist local governments in demonstrating methods of mitigating radium contamination in ground water. Provides grants for such purposes. Authorizes appropriations.

Directs the Secretary to undertake, complete, review, or act upon specified studies in connection with various water resources development projects. Authorizes appropriations.

Authorizes the Secretary to investigate lands bordering on Lake of the Woods, Minnesota, in order to determine if such lands meet applicable international agreements concerning regulation of water levels.

Directs the Secretary to conduct a review of existing reports on the New York Harbor and a systems investigation of the channels and anchorages of the Port of New York and New Jersey.

Deauthorizes specified water resources development projects.

Redesignates the Half Moon Harbor, California, as the Pillar Point Harbor.

Amends the Water Resources Development Act of 1986 to increase the annual obligation ceiling under such Act for water resources development projects.

Directs the Secretary to report to the Congress for approval any proposed changes in the allocation of storage for the Raystown Lake Project, Pennsylvania, resulting from an ongoing study.

Amends the Appalachian Regional Development Act of 1965 to add Columbiana County, West Virginia, as an area included in the Appalachian Regional Development Program.

Directs the Secretary to conduct an exchange rate demonstration project for a portion of the Lockwood's Folly River Inlet, North Carolina.

Directs the Secretary to construct an extension of the American Canal near El Paso, Texas. Provides terms, conditions, delivery requirements, and other obligations in connection with such Canal, including agreements with respect to construction and maintenance costs. Authorizes appropriations.

Authorizes the Secretary to convey certain Oakland Inner Harbor Tidal Canal property in Oakland, California, to the cities of Oakland and Alameda, California, under specified terms and conditions.

Directs the Secretary to convey to specified persons certain lands located near Lewisville Dam and Garza-Little Elm Reservoir in Denton County, Texas, under specified terms and conditions.

Sets forth Buy American provisions with respect to funds used to carry out projects under this Act.