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S 2740 - 101

Water Resources Development Act of 1990

Became Public Law No: 101-640.

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Summary

48 Conference report filed in House May 29, 2002

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.

35 Passed Senate amended May 29, 2002

Water Resources Development Act of 1990 - Title I: Project Authorizations - 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. Title II: Project Related Provisions - Authorizes a project for flood protection for the city of Belen, New Mexico, at a specified cost, estimating the Federal and non-Federal share of such cost. Amends the Water Resources Development Act of 1986 to deauthorize the current Federal Cross Florida Barge Canal Project. Requires the Secretary of the Army to transfer to Florida all Project related lands and facilities after two years after enactment of this Act, subject to a survey of Project lands determined satisfactory by the Secretary and paid for by Florida. Authorizes and directs the Secretary, in consultation with the Pyramid Lake Indian Tribe and the Secretary of the Interior, to develop a plan for the environmental rehabilitation of the Lower Truckee River. Authorizes the Secretary to develop a plan for facilities to enable the efficient passage of cui-ui and Lahontan cutthroat trout through or around the delta at the mouth of the Lower Truckee River in order to obtain access to their upstream spawning grounds. Prohibits the Secretary from proceeding with the divestiture of certain locks and dams on the Kentucky River until the Corps of Engineers complies with a certain memorandum of understanding. Directs the Assistant Secretary of the Army for Civil Works, the Administrator of the Environmental Protection Agency, and the Governor of New York to jointly convene a management conference for the restoration, conservation, and management of Onondaga Lake, New York. Provides for the implementation of the plan adopted by such officials, including the making of grants by the management conference for research, studies, activities, and information gathering in connection with such plan. Authorizes appropriations. Directs the Secretary to conduct a study for the design and construction of a waste water treatment project in Cranston, Rhode Island. Authorizes appropriations. Authorizes the Secretary to include certain flood protection work and reimbursements in the local cooperation agreement for the Roanoke River Upper Basin, Virginia, flood control project. States that the project for deepening three navigation anchorages at Norfolk Harbor, Virginia, as authorized under the River and Harbor Act of 1965, shall be deemed to be authorized for construction after a five-year period beginning on the date of enactment of this Act. Rio Grande American Canal Extension Act of 1990 - Directs the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, to construct an extension of the Rio Grande American Canal to lie wholly within the United States, beginning at the downstream end of the current American Canal in El Paso, Texas, and extending to Riverside Heading, Texas. Repeals previous construction authorization. Requires the Secretary to report to the Congress on findings from a study to determine the likelihood and extent of any damage to property adjacent to the American Canal which would be caused by subsidence related to the Canal extension. Authorizes the Secretary to transfer to the City of Aberdeen, Washington, all interests of the United States of specified real property under the jurisdiction of the Department of the Army acquired for purposes of flood control for Wynoochee Lake, Washington, and authorized under the Flood Control Act of 1962. Requires the Secretary of Agriculture and the City to enter into an agreement allowing the City entry over lands under jurisdiction of the Department of Agriculture in order to operate, maintain, repair, or rehabilitate the project. Modifies the project for the mitigation of fish and wildlife losses, Red River Waterway, Louisiana, to authorize the Secretary to acquire additional acreage near the Bayou Bodcau Wildlife Management Area. Modifies the project for flood control, Alenaio Stream, Hawaii, to authorize the Secretary to construct a project as provided under a certain environmental assessment report. Specifies Federal and non-Federal costs. Directs the U.S. Army Chief of Engineers, the Secretary, and the Administrator of the Bonneville Power Administration to report to the Congress on the regulation of the Dworshak Dam, Idaho, as part of the joint systems operations review by the Army Corps of Engineers, the Bonneville Power Administration, and the Bureau of Reclamation. Directs the Secretary to conduct public processes in the vicinity of such dam to keep the public informed about project drawdowns of the Dworshak Reservoir and the reasons for such drawdowns. Authorizes appropriations. Directs the Secretary to develop and implement a plan for modifying the West Fork Mill Creek Lake, Ohio, project for the purpose of improving environmental quality. Amends the Upper Mississippi River Management Act of 1986 to extend by five years a program for fish and wildlife habitat rehabilitation and enhancement, long-term resource monitoring, and implementation of a computerized inventory and analysis of the Upper Mississippi River. Authorizes and directs the Secretary to conduct a drought contingency study for Minnesota and a part of North Dakota within the Red River Basin in order to utilize and conserve water. Authorizes the Secretary to construct a specified project at the South Fork Zumbro Watershed, Rochester, Minnesota. Specifies Federal and non-Federal costs. Modifies the project for flood control, Mississippi River at St. Paul, Minnesota, to authorize the Secretary to construct a specified project there. Specifies Federal and non-Federal costs. Amends the Water Resources Development Act of 1988 to increase certain amounts authorized for the flood control project at Redwood River, Marshall, Minnesota. Authorizes the Secretary to expand his jurisdiction above the pool regulation level at Lake Winnibigoshish, Minnesota, to plan and construct bank stabilization and preservation measures there and to participate with the U.S. Forest Service in certain erosion control and other environmental activities. Directs the Secretary to: (1) conduct two studies on each of the six headwaters reservoirs of the Mississippi River in Minnesota; and (2) relocate the Southeast Light on Block Island, Rhode Island, to a more suitable location. Modifies the project for flood control, West Columbus, Ohio, to authorize the Secretary to construct the project substantially in accordance with the February 9, 1988, report of the Chief of Engineers. Specifies Federal and non-Federal costs. Directs the Secretary to develop and implement a plan for modifying the Arkansas Post Navigation Canal of the McClellan-Kerr Arkansas River Navigation System to improve environmental quality. Modifies the San Luis Rey River flood control project to authorize the Secretary to construct the project at specified total, Federal, and non-Federal costs. Modifies the project for flood control, Brush Creek and tributaries, Missouri and Kansas, to authorize the Secretary to construct the project substantially in accordance with the Post Authorization Change Report dated April, 1989. Specifies Federal and non-Federal costs. Makes the Local Cooperation Agreement between the Assistant Secretary of the Army for Civil Works and Virginia Beach, Virginia, for beach nourishment effective from February 6, 1987, upon its approval. Authorizes the Assistant Secretary to reimburse Virginia Beach for the Federal share of beach nourishment specified in the Water Resources Development Act of 1986. Authorizes the Secretary to: (1) participate with Indiana and other non-Federal interests in the design and construction of an interpretive center for the Falls of the Ohio National Wildlife Conservation Area at a specified cost to be shared as provided under the Water Resources Development Act of 1986; and (2) acquire additional real estate interests sufficient to include the visitor center facility in the Area and to enter into an agreement with non-Federal interests to provide for non-Federal operation and maintenance of the facility upon completion. Directs the Secretary to develop and implement a plan to modify the channel bypass element of the Levisa Fork, Kentucky, project to improve the water quality of, and to restore, Pikeville Lake. Directs the Secretary to release to Clay County, Georgia, the reversionary interest of the United States in certain land upon the condition the deed be amended to provide that the property conveyed by the deed be used to develop a nonprofit retirement community. Title III: General Provisions - Requires any administrative changes to the eligibility criteria for water resources development projects to be available for review by the public for no less than 45 days and then to be submitted to the appropriate congressional committees for informational purposes for at least 30 days. Requires that, with each review by the Secretary of a water resource development project of the Corps of Engineers, the Secretary shall submit to the project sponsor an economic analysis of the benefits used to develop the project benefit-to-cost ratio accruing to single owners or single entities. States that public use facilities or publicly-owned facilities are not single owners or single entities for purposes of such requirement. Requires the Secretary to take certain action whenever project benefits are deemed to accrue in an unacceptable manner. Amends the Water Resources Development Act of 1986 to: (1) authorize the Secretary to initiate the planning and engineering of a feasibility study when non-Federal interests contributed 50 percent or more of the cost of the study; (2) provide the recommended level of protection for a Corps of Engineers flood control project; and (3) direct the Secretary to reduce proportionately the percentage share of navigation project costs required of non-Federal sponsors by an amount equal to the percentage of direct benefits of the improvements which are credited to agencies of the U.S. armed forces. 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. Deems null and void all existing rules, regulations, and management procedures under such Act relating to the determination of a non-Federal interest's ability-to-pay. Requires the Secretary, in developing a proposal to change the requirements for operation of a project from existing congressional project authorization requirements to the requirements of the National Environmental Policy Act, to: (1) solicit comments from appropriate Federal, State, local, and regional agencies in affected States and from interested persons who could be affected; and (2) prepare a comprehensive statement which sets forth justification, authorities, and reasonable alternatives to the proposed change. Requires the Secretary to report to the Congress upon the completion of the detailed statement or publish a statement in the Federal Register explaining why such report is not necessary. Requires the Secretary to review administrative regulations and existing water control plans and report on the consistency of such plans with the project's authorizing statutes. Directs the Secretary to develop a pilot program to design and construct a high speed magnetic levitation transportation system (MAGLEV). Provides for certain collaboration and cooperative agreements for such purposes. Provides that any research, development,and use of technology developed shall be protected under the Stevenson-Wydler Technology Innovation Act of 1980. Requires research, development, and production to take place substantially in the United States. Authorizes appropriations. Authorizes the Secretary, in order to provide flood control benefits for the United States, to cooperate with the Government of Mexico and transfer to the International Boundary and Water Commission funds necessary to provide for construction, operation, and maintenance of such flood warning gages in Mexico as may be allowed under international agreements between the United States and Mexico. Expands the authority of the Chief of Engineers to provide services to departments and agencies of the United States to include the provision of services, on a reimbursable basis, to an Indian tribe, a territory or possession of the United States, or the Commonwealths of Puerto Rico and the Northern Mariana Islands. Authorizes the Secretary to accept orders to provide work or services to corporations, partnerships, limited partnerships, consortia, public and private foundations, or non-profit organizations operating within the United States, a U.S. territory or possession, or Puerto Rico or the Northern Mariana Islands, under specified conditions, including the requirement that such work or services are within the civil works mission of the Corps of Engineers and are in the public interest. Authorizes the Secretary to prepare a report on the implementation of cost recovery mechanisms at Corps of Engineers recreation areas and to submit such report to appropriate congressional committees. 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 or other non-Federal bodies designated by the States. 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. Increases 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 Maintenance Trust Fund under the Water Resources Development Act of 1986. Amends Federal public works law to authorize construction for preparation for 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 improvement to harbors and inland harbors of the United States initiated pursuant to the River and Harbor Act of 1960. Modifies the New York Harbor drift collection and removal project to authorize the Secretary to collect and remove all floating material whenever the Secretary is collecting and removing debris which is an obstruction to navigation. Authorizes appropriations. Requires the Director of the Geological Survey to conduct a study of the water quality of the Mississippi River. Authorizes appropriations. 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 as well as 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. Amends the Flood Control Act of 1941 to extend the authorized uses of an emergency fund created under such Act to include emergency dredging for restoration of authorized project depths for Federal navigable channels and waterways made necessary by a flood, drought, earthquake, or other natural disaster. Title IV: Zebra Mussel Control Act - Zebra Mussel Control Act of 1990 - Directs the Assistant Secretary of the Army for Civil Works to develop a program of research and technology development for the control of zebra mussels in and around public infrastructure facilities. Directs the Secretary to collect and make available information pertaining to management practices and implementation methods for reducing zebra mussel accumulation and infestation in such facilities. Authorizes the Governor of each State to prepare and submit to the Assistant Secretary for approval a management plan which identifies those public infrastructure facilities which need financial and technical assistance in order to maintain operations. Requires the involvement of local public and private agencies and organizations having expertise in the control of zebra mussels during the development of such management plan. Authorizes the Assistant Secretary, upon application of a State for which a submitted management plan has been approved, to make grants for the purpose of assisting such State in the plan's implementation. Limits to 50 percent the Federal share of the cost of each management program. Authorizes appropriations. Amends the Appalachian Regional Development Act of 1965 to include Columbiana County, Ohio, within the definition of "Appalachian region."

00 Introduced in Senate May 29, 2002

Water Resources Development Act of 1990 - Title I: Project Authorizations - 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. Title II: Project Related Provisions - Authorizes a project for flood protection for the city of Belen, New Mexico, at a specified cost, estimating the Federal and non-Federal share of such cost. Amends the Water Resources Development Act of 1986 to deauthorize the current Federal Cross Florida Barge Canal Project. Requires the Secretary of the Army to transfer to Florida all Project related lands and facilities after two years after enactment of this Act, subject to a survey of Project lands determined satisfactory by the Secretary and paid for by Florida. Authorizes and directs the Secretary, in consultation with the Pyramid Lake Indian Tribe and the Secretary of the Interior, to develop a plan for the environmental rehabilitation of the Lower Truckee River. Authorizes the Secretary to develop a plan for facilities to enable the efficient passage of cui-ui and Lahontan cutthroat trout through or around the delta at the mouth of the Lower Truckee River in order to obtain access to their upstream spawning grounds. Prohibits the Secretary from proceeding with the divestiture of certain locks and dams on the Kentucky River until the Corps of Engineers complies with a certain memorandum of understanding. Directs the Assistant Secretary of the Army for Civil Works, the Administrator of the Environmental Protection Agency, and the Governor of New York to jointly convene a management conference for the restoration, conservation, and management of Onondaga Lake, New York. Provides for the implementation of the plan adopted by such officials, including the making of grants by the management conference for research, studies, activities, and information-gathering in connection with such plan. Authorizes appropriations. Directs the Secretary to conduct a study for the design and construction of a waste water treatment project in Cranston, Rhode Island. Authorizes appropriations. Authorizes the Secretary to include certain flood protection work and reimbursements in the local cooperation agreement for the Roanoke River Upper Basin, Virginia, flood control project. States that the project for deepening three navigation anchorages at Norfolk Harbor, Virginia, as authorized under the River and Harbor Act of 1965, shall be deemed to be authorized for construction after a five-year period beginning on the date of enactment of this Act. Rio Grande American Canal Extension Act of 1990 - Directs the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, to construct an extension of the Rio Grande American Canal to lie wholly within the United States, beginning at the downstream end of the current American Canal in El Paso, Texas, and extending to Riverside Heading, Texas. Repeals previous construction authorization. Requires the Secretary to report to the Congress on findings from a study to determine the likelihood and extent of any damage to property adjacent to the American Canal which would be caused by subsidence related to the Canal extension. Authorizes the Secretary to transfer to the City of Aberdeen, Washington, all interests of the United States of specified real property under the jurisdiction of the Department of the Army acquired for purposes of flood control for Wynoochee Lake, Washington, and authorized under the Flood Control Act of 1962. Requires the Secretary of Agriculture and the City to enter into an agreement allowing the City entry over lands under jurisdiction of the Department of Agriculture in order to operate, maintain, repair, or rehabilitate the project. Modifies the project for the mitigation of fish and wildlife losses, Red River Waterway, Louisiana, to authorize the Secretary to acquire additional acreage near the Bayou Bodcau Wildlife Management Area. Modifies the project for flood control, Alenaio Stream, Hawaii, to authorize the Secretary to construct a project as provided under a certain environmental assessment report. Specifies Federal and non-Federal costs. Directs the U.S. Army Chief of Engineers and the Secretary to report to the Congress on the regulation of the Dworshak Dam, Idaho. Prohibits the Secretary from regulating such Dam so that recreational and transportational usage of the Dworshak Reservoir is jeopardized unless such regulation is determined to be essential to the water control plan of which the Dam is a part. Authorizes appropriations. Directs the Secretary to develop and implement a plan for modifying the West Fork Mill Creek Lake, Ohio, project for the purpose of improving environmental quality. Amends the Upper Mississippi River Management Act of 1986 to extend by five years a program for fish and wildlife habitat rehabilitation and enhancement, long-term resource monitoring, and implementation of a computerized inventory and analysis of the Upper Mississippi River. Authorizes and directs the Secretary to conduct a drought contingency study for Minnesota and a part of North Dakota within the Red River Basin in order to utilize and conserve water. Authorizes the Secretary to construct a specified project at the South Fork Zumbro Watershed, Rochester, Minnesota. Specifies Federal and non-Federal costs. Modifies the project for flood control, Mississippi River at St. Paul, Minnesota, to authorize the Secretary to construct a specified project there. Specifies Federal and non-Federal costs. Amends the Water Resources Development Act of 1988 to increase certain amounts authorized for the flood control project at Redwood River, Marshall, Minnesota. Authorizes the Secretary to expand his jurisdiction above the pool regulation level at Lake Winnibigoshish, Minnesota, to plan and construct bank stabilization and preservation measures there and to participate with the U.S. Forest Service in certain erosion control and other environmental activities. Directs the Secretary to: (1) conduct two studies on each of the six headwaters reservoirs of the Mississippi River in Minnesota; and (2) relocate the Southeast Light on Block Island, Rhode Island, to a more suitable location. Title III: General Provisions - Requires any administrative changes to the eligibility criteria for water resources development projects to be available for review by the public for no less than 45 days and then to be submitted to the appropriate congressional committees for informational purposes for at least 30 days. Requires that, with each review by the Secretary of a water resource development project of the Corps of Engineers, the Secretary shall submit to the project sponsor an economic analysis of the benefits used to develop the project benefit-to-cost ratio accruing to single owners or single entities. States that public use facilities or publicly-owned facilities are not single owners or single entities for purposes of such requirement. Requires the Secretary to take certain action whenever project benefits are deemed to accrue in an unacceptable manner. Amends the Water Resources Development Act of 1986 to: (1) authorize the Secretary to initiate the planning and engineering of a feasibility study when non-Federal interests contributed 50 percent or more of the cost of the study; (2) provide the recommended level of protection for a Corps of Engineers flood control project; and (3) direct the Secretary to reduce proportionately the percentage share of navigation project costs required of non-Federal sponsors by an amount equal to the percentage of direct benefits of the improvements which are credited to agencies of the U.S. armed forces. 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. Deems null and void all existing rules, regulations, and management procedures under such Act relating to the determination of a non-Federal interest's ability-to-pay. Requires the Secretary, in developing a proposal to change the requirements for operation of a project from existing congressional project authorization requirements to the requirements of the National Environmental Policy Act of 1969, to: (1) solicit comments from appropriate Federal, State, local, and regional agencies in affected States and from interested persons who could be affected; and (2) prepare a comprehensive statement which sets forth justification, authorities, and reasonable alternatives to the proposed change. Requires the Secretary to report to the Congress upon the completion of the detailed statement or publish a statement in the Federal Register explaining why such report is not necessary. Requires the Secretary to review administrative regulations and existing water control plans and report on the consistency of such plans with the project's authorizing statutes. Directs the Secretary to develop a pilot program to design and construct a high speed magnetic levitation transportation system (MAGLEV). Provides for certain collaboration and cooperative agreements for such purposes. Provides that any research, development, and use of technology developed shall be protected under the Stevenson-Wydler Technology Innovation Act of 1980. Requires research, development, and production to take place substantially in the United States. Authorizes appropriations. Authorizes the Secretary, in order to provide flood control benefits for the United States, to cooperate with the Government of Mexico and transfer to the International Boundary and Water Commission funds necessary to provide for construction, operation, and maintenance of such flood warning gages in Mexico as may be allowed under international agreements between the United States and Mexico. Expands the authority of the Chief of Engineers to provide services to departments and agencies of the United States to include the provision of services, on a reimbursable basis, to an Indian tribe, a territory or possession of the United States, or the Commonwealths of Puerto Rico and the Northern Mariana Islands. Amends the Water Resources Development Act of 1986 to change certain congressional reporting requirements in connection with unconstructed projects which have been authorized but have received no recent obligations. Authorizes the Secretary to accept orders to provide work or services to corporations, partnerships, limited partnerships, consortia, public and private foundations, or non-profit organizations operating within the United States, a U.S. territory or possession, or Puerto Rico or the Northern Mariana Islands, under specified conditions, including the requirement that such work or services are within the civil works mission of the Corps of Engineers and are in the public interest. Authorizes the Secretary to prepare a report on the implementation of cost recovery mechanisms at Corps of Engineers recreation areas and to submit such report to appropriate congressional committees. 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 or other non-Federal bodies designated by the States. 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. Increases 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 Maintenance Trust Fund under the Water Resources Development Act of 1986. Amends Federal public works law to authorize construction for preparation for 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 improvement to harbors and inland harbors of the United States initiated pursuant to the River and Harbor Act of 1960. Modifies the New York Harbor drift collection and removal project to authorize the Secretary to collect and remove all floating material whenever the Secretary is collecting and removing debris which is an obstruction to navigation. Authorizes appropriations. Requires the Director of the Geological Survey to conduct a study of the water quality of the Mississippi River. Authorizes appropriations. 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 as well as 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. Amends the Flood Control Act of 1941 to extend the authorized uses of an emergency fund created under such Act to include emergency dredging for restoration of authorized project depths for Federal navigable channels and waterways made necessary by a flood, drought, earthquake, or other natural disaster. Title IV: Zebra Mussel Control Act - Zebra Mussel Control Act of 1990 - Directs the Assistant Secretary of the Army for Civil Works to develop a program of research and technology development for the control of zebra mussels in and around public infrastructure facilities. Directs the Secretary to collect and make available information pertaining to management practices and implementation methods for reducing zebra mussel accumulation and infestation in such facilities. Authorizes the Governor of each State to prepare and submit to the Assistant Secretary for approval a management plan which identifies those public infrastructure facilities which need financial and technical assistance in order to maintain operations. Requires the involvement of local public and private agencies and organizations having expertise in the control of zebra mussels during the development of such management plan. Authorizes the Assistant Secretary, upon application of a State for which a submitted management plan has been approved, to make grants for the purpose of assisting such State in the plan's implementation. Limits to 50 percent the Federal share of the cost of each management program. Authorizes appropriations.

Sponsors

Timeline

Nov 28, 1990

Signed by President.

Nov 28, 1990

Signed by President.

Nov 28, 1990

Became Public Law No: 101-640.

Nov 28, 1990

Became Public Law No: 101-640.

Nov 19, 1990

Presented to President.

Nov 19, 1990

Presented to President.

Nov 13, 1990

Measure Signed in Senate.

Oct 27, 1990

Conference report filed: Conference report H. Rept. 101-966 filed.

Oct 27, 1990

Conference report H. Rept. 101-966 filed.

Oct 27, 1990

Mr. Anderson moved to suspend the rules and agree to the conference report, H. Rept. 101-966.

Oct 27, 1990

Mr. Stangeland demanded a second on the motion to suspend the rules and agree to the conference report. Without objection a second is ordered.

Oct 27, 1990

DEBATE - The House proceeded with forty minutes of debate.

Oct 27, 1990

Conference report agreed to in House: On agreeing to the conference report Agreed to by voice vote.

Oct 27, 1990

Motions to reconsider laid on the table Agreed to without objection.

Oct 27, 1990

On agreeing to the conference report Agreed to by voice vote.

Oct 27, 1990

Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.

Oct 27, 1990

Message on Senate action sent to the House.

Oct 27, 1990

Senate agreed to conference report by Voice Vote.

Oct 27, 1990

Conference papers: Senate report and managers' statement and official papers held at the desk in Senate.

Oct 26, 1990

Resolving differences -- Senate actions: Senate disagreed to the House amendment by Voice Vote.

Oct 26, 1990

Senate disagreed to the House amendment by Voice Vote.

Oct 26, 1990

Senate agreed to request for conference. Appointed conferees. Burdick; Moynihan; Lautenberg; Reid; Chafee; Symms; Warner.

Oct 26, 1990

Senate appointed conferees Hollings; Exon; Danforth from the Committee on Commerce, Science and Transportation for section 309 of the Senate bill.

Oct 22, 1990

Message on House action received in Senate and held at desk: House amendment to Senate bill and House requests a conference.

Oct 21, 1990

The chair appointed conferees from the Committee on Public Works and Transportation, for consideration of the Senate bill, and the House amendment, and modifications committed to conference: Anderson, Roe, Mineta, Oberstar, Nowak, Hammerschmidt, Shuster, and Stangeland.

Oct 21, 1990

The chair appointed conferees Except that for consideration of sec. 309 of the Senate bill, Mr. Rahall is appointed in lieu of Mr. Roe, and Mr. Applegate is appointed in lieu of Mr. Mineta.

Oct 21, 1990

The chair appointed conferees from the Committee on Merchant Marine and Fisheries, for consideration of matters within the jurisdiction of that committee contained in the Senate bill, and in the House amendment, and modifications committed to conference: Jones (NC), Studds, Hertel, Davis, and Young (AK).

Oct 21, 1990

The chair appointed conferees from the Committee on Energy and Commerce, for consideration of sec. 309 of the Senate bill, and modifications committed to conference: Dingell, Thomas Luken, Swift, Slattery, Walgren, Lent, Whittaker, and Rinaldo.

Oct 21, 1990

The chair appointed conferees from the Committee on Science, Space, and Technology, for consideration of sec. 309 of the Senate bill, and sec. 13 of the House amendment, and modifications committed to conference: Roe, Mineta, Torricelli, Valentine, Hayes (LA), Walker, Lewis (FL), and Packard.

Oct 21, 1990

By unanimous consent, the Speaker reserved the right to make further appointments of conferees.

Sep 26, 1990

Considered by unanimous consent.

Sep 26, 1990

The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 5314. Agreed to without objection.

Sep 26, 1990

Passed/agreed to in House: On passage Passed without objection.

Sep 26, 1990

On passage Passed without objection.

Sep 26, 1990

A similar measure H.R. 5314 was laid on the table without objection.

Sep 26, 1990

Mr. Anderson asked unanimous consent that the House insist upon its amendment, and request a conference.

Sep 26, 1990

On motion that the House insist upon its amendment, and request a conference Agreed to without objection.

Sep 26, 1990

Motion to reconsider laid on the table Agreed to without objection.

Sep 26, 1990

The Speaker reserved the right to make appointments to conference at a later time.

Aug 3, 1990

Received in the House.

Aug 3, 1990

Held at the desk.

Aug 3, 1990

Message on Senate action sent to the House.

Aug 1, 1990

Measure laid before Senate.

Aug 1, 1990

Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

Aug 1, 1990

Passed Senate with an amendment by Voice Vote.

Jun 14, 1990

Introduced in Senate

Jun 14, 1990

Committee on Environment and Public Works. Original measure reported to Senate by Senator Burdick. With written report No. 101-333.

Jun 14, 1990

Committee on Environment and Public Works. Original measure reported to Senate by Senator Burdick. With written report No. 101-333.

Jun 14, 1990

Placed on Senate Legislative Calendar under General Orders. Calendar No. 636.

May 22, 1990

Committee on Environment and Public Works ordered to be reported an original measure in lieu of S.2183.

House Votes

No House roll call votes have been linked to this bill yet.

Amendments

No amendment records are currently available for this bill.
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