Summary: S.2740 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Conference report filed in House (10/27/1990)

Water Resources Development Act of 1990 - Title I: Water Resources Projects - Authorizes the Secretary of the Army to carry out public works projects in specified locations 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.

Directs the Secretary to conduct studies for the completion of flood control projects in: (1) Dry Jordan and Crooked Creeks, Arkansas; (2) Old Sulfur Creek, Orleans, Indiana; (3) Farmers Branch Creek, White Settlement, Texas; and (4) Krouts Creek, West Virginia. Increases the maximum amount authorized under the Flood Control Act of 1948 for the flood control project at Savan Gut, Virgin Islands.

Authorizes the Secretary to carry out a shoreline project for: (1) the Saginaw River in Bay City, Michigan; and (2) the Glen Foerd Historic Property in Philadelphia, Pennsylvania.

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

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.

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

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

Authorizes the Secretary to carry out: (1) a project for flood protection in Belen, New Mexico; (2) planning, engineering, and design for the rehabilitation of the Lower Truckee River, Nevada, and for facilities to enable the passage of cui-ui fish and Lahontan cutthroat trout through its delta to obtain access to spawning grounds; (3) planning, engineering, and design for modifications to the Arkansas Post Navigation Canal; (4) design for replacement of a bridge in Struthers, Ohio; and (5) design for the construction of a bridge between Maysville, Kentucky, and Ohio.

Authorizes 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 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.

Directs the Secretary to provide technical assistance with respect to a comprehensive review of New York Harbor and a system 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 Bay Harbor, California, as the Pillar Point Harbor.

Title II: Land Transfers - Directs or authorizes the Secretary to transfer specified real property in Sneads, Florida, Sault Sainte Marie, Michigan, and Aberdeen, Washington, subject to certain terms and conditions.

Directs the Secretary to release to Clay County, Georgia, the reversionary interest of the United States to specified real property in the County, subject to the condition that such property be used solely for the development of a retirement community.

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.

Title III: Generally Applicable Provisions - Amends the Water Resources Development Act of 1986 to treat as construction the costs of planning and engineering of projects for which non-Federal interests contributed 50 percent or more of the cost of the feasibility study.

Includes preparation for emergency response to any natural disaster (currently, flood emergency preparation only) with actions for which emergency response funds are authorized to be used. Authorizes the use of such funds for certain emergency dredging.

Authorizes the Secretary to complete and transmit to the appropriate non-Federal interest any study for improvement to harbors or inland harbors initiated pursuant to the River and Harbor Act of 1960 or, upon request, to terminate such study and transmit the partially-completed study to the non-Federal interest.

Requires biennial reports beginning in 1992 concerning water resources project modifications for improving the quality of the environment in the public interest. Provides annual funding for such modification projects.

Outlines procedures for the determination of a non-Federal interest's ability to pay the costs of flood control or agricultural water supply.

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 goals and an action plan for the development and restoration of 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. Authorizes the Secretary to establish and implement a demonstration program to determine the feasibility of wetlands restoration, enhancement, and creation as a means of contributing to achieving the wetlands goals. Provides goals, factors, and reporting requirements with respect to the wetlands goals programs.

Authorizes the Secretary to establish a program for the training and certification of individuals as wetlands delineators, with accompanying demonstration programs utilized for such purpose. Requires periodic reports on the status of such programs.

Prohibits certain new or substantially improved structures built in specified flood plains from being included in the benefit base for justifying Federal flood damage reduction projects. Requires a cost-sharing report and regulations in connection with such 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 beachfront 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. Requires the Secretary to ensure ample public participation in the development or revision of reservoir operating manuals of the Corps. Directs the Secretary to conduct a study of the operations of reservoir projects under his jurisdiction and report the results to the Congress.

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. Limits the fiscal year amount that may be expended for such purpose. Terminates such dredging requirement five years after enactment except for the completion of commenced projects.

Directs the Secretary, in planning any water resources project, to consider its impact on existing and future recreational and commercial uses in the surrounding area. Requires any changes adversely affecting the recreational use of a project to be mitigated by the Secretary. Limits the fiscal year amount that may be expended for such purpose. Terminates such requirements five years after the enactment of this Act except for restoration already commenced on such date. Requires project costs to be shared by the beneficiaries of such recreation.

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.

Amends the Water Resources Development Act of 1986 to: (1) include preservation and enhancement of the environment in matters to be addressed in water resources planning under such Act; and (2) increase from 40 to 100 percent of eligible operation and maintenance costs assigned to commercial navigation of all harbors and inland harbors of the United States the amount authorized to be appropriated out of the Harbor and Maintenance Trust Fund under such Act.

Requires that, for purposes of Federal participation in water resources development projects which are to be carried out by the Secretary, benefits which are to be provided to a facility owned by a State, county, municipality or other public entity shall not be treated as benefits to be provided to a single owner or single entity.

Authorizes the Secretary to use Corps research and development laboratories to provide assistance to corporations, partnerships, limited partnerships, consortia, public and private foundations, universities, and nonprofit organizations operating within the United States or its territories or possessions under specified conditions, including that providing such assistance is in the public interest and within the mission of the Corps.

Amends the Water Resources Development Act of 1974 to authorize the Secretary, in order to recover 50 percent of the cost of providing assistance to States for the development, utilization, and conservation of water and related resources of drainage basins, to establish and collect appropriate fees from States and other non-Federal public bodies to whom such assistance is provided. Requires the Secretary to phase in such cost-sharing program.

Amends the Flood Control Act of 1960 to authorize the Secretary to establish and collect fees from Federal agencies and private individuals in order to recover costs of providing certain flood control information collection and dissemination services under such Act.

Authorizes the Secretary to provide water supply storage space requested by a low-income community if such space is available in a water resources development project operated by the Secretary. Limits the maximum amount of space to be provided. Sets forth the reduced price to be charged by the Secretary for use of such space.

Title IV: Miscellaneous Provisions - Authorizes the Secretary to provide technical, planning, and engineering assistance to States and local governments in conection 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 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.

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

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.

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

Authorizes Federal financial assistance for construction projects in the Virgin Islands to be made available to the Secretary in lieu of the Virgin Islands upon request of the Governor of the Islands.

Directs the Secretary to enter into a local cooperative agreement with the city of Virginia Beach, Virginia, for beach nourishment. Authorizes the Secretary to reimburse the city for the Federal share of such beach nourishment.

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 for enhancing wetlands in connection with the construction and operation of water resources 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.

Directs the Assistant Secretary of the Army for Civil Works, the Administrator of the EPA, and the Governor of New York to jointly convene a management conference for the restoration, conservation, and management of Onondaga Lake, New York. Authorizes the Assistant Secretary and the EPA Administrator to make grants to New York for research, studies, surveys, and activities in connection with the development of a management plan for the Lake. Authorizes appropriations.

Directs the Administrator of the 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 management of such dredged material. Authorizes the implementation of a demonstration project for disposing up to ten percent of the annual material dredged from the harbor in an environmentally sound manner other than ocean dumping. Authorizes appropriations.

Requires the Secretary to review a specified report and take any appropriate action with respect to authorized construction in the Albermarle Sound-Roanoke River Basin, North Carolina.

Provides the non-Federal share of correcting a design deficiency in the water resources project at Rondout Creek and Wallkill River, New York and New Jersey, if the Secretary determines that such a deficiency exists.

Requires the Secretary, the Commissioner of the Bureau of Reclamation, and the Administrator of the Bonneville Power Administration to issue a joint report on the regulation of Dworshak Dam, Idaho. Requires the Secretary to conduct public meetings in the area of the Dam in order to keep the public informed about projected drawdowns.

Directs the Secretary to relocate the Southeast Light on Block Island, Rhode Island, to a more suitable location on such island. Authorizes appropriations.

Authorizes the Secretary to conduct research and development activities on magnetic levitation (maglev) technology or to provide for such activities. Authorizes the Secretary to collaborate with non-Federal entities in carrying out such research and to enter into appropriate cooperative research contracts. Authorizes appropriations.

Authorizes the Administrator of General Services to exchange certain mineral and royalty interests in the Prado Flood Control Basin in Riverside, California, for excess Federal property, if requested to do so by the current holder of such interests.

Directs the Secretary to conduct a study of the requirements of the use of materials and products produced in the United States (Buy American requirements) as they apply to water resources projects carried out by the Secretary in order to determine if such requirements are meeting their intended objectives and whether additional requirements are necessary. Requires a review and report in connection with such study.

Expresses the sense of the Congress that priority consideration will be given to the authorization of water resources development projects which are recommended by the Chief of Engineers in reports completed after the date of enactment of this Act.

Authorizes the Administrator of the EPA to undertake a demonstration project to eliminate contamination of the waters near Woodlawn Beach, Hamburg, New York, from nonpoint sources of pollution resulting from surface runoff and septic system contamination entering Rush and Blasdell Creeks. Specifies the non-Federal share of the cost of the project.