United States · Bill · HR
H.R. 5314 (101st)
Water Resources Development Act of 1990
Introduced
19 July 1990
Last action
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Status
Laid on the table. See S. 2740 for further action.
Sponsors
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Subjects
Discovery layer
Source updated
7 February 2024
Summary
Water Resources Development Act of 1990 - 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 the project for navigation on the inland waterway from the Delaware River to the Chesapeake Bay, Delaware and Maryland, to direct the Secretary to replace a certain highway bridge in St. Georges, Delaware. Modifies the project for navigation, Tampa Harbor, Florida, to authorize the Secretary to maintain the Alafia Channel at such project at a specified depth. Modifies the project for navigation, Fernandina Harbor, Florida, to redesignate the location of a turning basin at such project. Modifies a flood control project on the Kissimmee River, central and southern Florida, to provide for restoration of such River for environmental purposes at a specified total cost. Requires such restoration to be undertaken only in accordance with a final report of the Chief of Engineers. Specifies the non-Federal share of the cost of such project. Modifies the project for Des Moines Recreational River and Greenbelt, Iowa, to include additional area in such project. Modifies a locks project on the Kentucky River, Kentucky, to require the Secretary to comply with a certain memorandum of understanding entered into between the U.S. Army Corps of Engineers and the State of Kentucky. Modifies a locks replacement project on the Mississippi River, Alton, Illinois and Missouri, to require the Secretary to provide certain project-related recreation development in Illinois. Modifies the navigation project for the Crooked and Indian Rivers, Michigan, to authorize the Secretary to enter into agreement with Michigan and other non-Federal interests in the State to make operation and maintenance of such project a non-Federal responsibility. Outlines terms and conditions, including the imposition by non-Federal interests of tolls and other operating charges for use of such project. Modifies the project at Rouge River, Michigan, to direct the Secretary to conduct a comprehensive study of the streamflow enhancement project at such River and other nearby rivers. Requires the Secretary to undertake a certain demonstration project after ascertaining the results of the study. Modifies the flood control project, Redwood River at Marshall, Minnesota, to specify the Federal and non-Federal costs of such project. Modifies the following flood control projects to authorize the Secretary to construct the projects substantially in accordance with certain design memoranda: (1) the Mississippi River flood control project at St. Paul, Minnesota; and (2) the South Fork Zumbro River Watershed at Rochester, Minnesota. Amends the Water Resources Development Act of 1986 to modify the flood control project at Pearl River Basin, Mississippi, to provide flood control measures for the Jackson, Mississippi, area under such project. Modifies the New York Harbor drift removal project, New York and New Jersey, to authorize the Secretary to collect and remove floating material whenever the Secretary is collecting and removing debris which is an obstruction to navigation. Directs the Secretary to continue the engineering, design, and construction of such project and to remove certain barges from the Passaic River as part of such project. Modifies: (1) the navigation project for Irondequoit Bay, New York, to authorize the Secretary to construct a highway bridge across a new channel; (2) the project for harbor modification, Cleveland Harbor, Ohio, to direct the Secretary to reimburse the non-Federal sponsor for the the Federal share of amounts expended for improvements to a certain pier; (3) the Falls of the Ohio National Wildlife Conservation Area, Ohio, to authorize the Secretary to design and construct an interpretive center, with a specified Federal and non-Federal cost; (4) the project for flood control, Scioto River, West Columbus, Ohio, to increase the total cost authorized for the project; (5) a lock and dam replacement project on the Monongahela River, Pennsylvania, to provide a gated crest dam structure and to increase the total cost authorized for the project; (6) a navigation project on the Ohio River at Rochester, Pennsylvania, to authorize the Secretary to construct safety facilities at a specified total cost; (7) the project for McNary Lock and Dam on the Columbia River in Washington and Oregon, to direct the Secretary to construct a levee beautification portion of the project as designated in a specified memorandum from the Chief of Engineers; (8) the project for flood control, Matewan, West Virginia, to provide that the flood control project for Hatfield Bottom, West Virginia, shall be treated as part of such project; and (9) the navigation project for the Wisconsin and Fox Rivers, Wisconsin, to authorize the Secretary to enter into agreements with Wisconsin to make operation and maintenance of such project a non-Federal responsibility. Directs the Secretary to carry out, during a three-year period beginning on the date of enactment of this Act, a market feasibility program to determine existing opportunities for private sector development of facilities for water, waste management, and energy generation, as well as other critical support facilities. Authorizes the Secretary to enter into cooperative agreements under such program. Authorizes appropriations. Amends the Water Resources Development Act of 1986 to provide that when non-Federal interests have contributed 50 percent (or more) of the cost of feasibility studies in connection with a project, they shall not also be required to provide at least 50 percent of the cost of planning and engineering before such project is initiated. Authorizes the Secretary to provide work or services to private industry sources operating in the United States if: (1) the source furnishes in advance such funds as are necessary to cover all costs of such work or services; and (2) before providing such work or services, the Secretary determines that such work or services are within civil works missions and in the public interest, the source certifies that such work or services are not reasonably obtainable from the private sector, and the source agrees to hold the United States free from all liability due to planning, design, construction, operation, or maintenance activities related to such work or activities. Amends the Water Resources Development Act of 1986 to increase from 40 to 100 percent the coverage under authorizations of appropriations of the eligible operation and maintenance costs assigned to commercial navigation of all harbors and inland harbors within the United States. Includes action taken in connection with any natural disaster within emergency response procedures authorized under a specified water resources development Act. Amends the Water Resources Development Act of 1986 to authorize the Secretary to: (1) complete and transmit to the appropriate non-Federal interest any study for improvements to harbors and inland harbors of the United States initiated pursuant to the River and Harbor Act of 1960; or (2) terminate such study and transmit it to such interest partially completed. Amends the Water Resources Development Act of 1986 to: (1) remove a required period for completion of a review of water resources projects under such Act; (2) require biennial reports (currently, only one report is required) concerning the results of such reviews; (3) authorize annual funding for such reviews (currently, such funding is one-time); and (4) revise provisions concerning the ability of a non-Federal interest to pay its portion of a flood control project authorized under such Act. Authorizes 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 of an authorized navigation project. Authorizes the Secretary to remove such sediments when the water is not meeting applicable water quality standards or for environmental enhancement and water quality improvement if such removal is requested by a non-Federal sponsor and the sponsor agrees to pay 50 percent of the cost. Amends the Water Resources Development Act of 1986 to include preservation and enhancement of the environment as an authorized matter to be addressed in planning for projects under such Act. 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 surrounding area. Requires the Secretary, in maintaining or mitigating a project, to take action to ensure that such activity will not adversely affect (or will affect as little as possible) the recreational use established with respect to the project. Authorizes the Secretary to provide technical, planning, and engineering assistance to States and local governments in the development and implementation of remedial actions plans for areas of concern in the Great Lakes identified under the Great Lakes Water Quality Agreement Act of 1978. Amends the Water Resources Development Act of 1978 to deauthorize the current Federal Cross Florida Barge Canal Project. Requires the Secretary to transfer to Florida all Project-related lands and facilities after two years after enactment of this Act, subject to specified terms and conditions including the requirement that such lands be used to further recreation and conservation activities. Provides Federal and State remedies for violation of such conditions. Directs the Secretary to carry out specified navigation projects in: (1) Buffalo, New York; (2) Rochester, New York; (3) Bolles Harbor, Michigan; and (4) Fort Peck Reservoir, Montana. Directs the Secretary, the Administrator of the Enviromental Protection Agency, and the Governor of New York, acting jointly, to convene a management conference for the restoration, conservation, and management of Onondaga Lake in New York. Outlines administrative provisions concerning such conference, including the making of grants to New York and public or nonprofit agencies for implementation of management plans. Provides the non-Federal share of certain costs associated with the implementation of such plans. Authorizes appropriations. Amends the Water Resources Development Act of 1986 to add the removal of silt and aquatic growth in Wappingers Lake, New York, as an authorized project under such Act. Authorizes or directs the Secretary to carry out flood control projects in: (1) Dry Jordan and Crooked Creeks, Arkansas; (2) Farmers Branch Creek, White Settlement, Texas; (3) Valley View Branch, Hurst, Texas; (4) Savan Gut, Virgin Islands; and (5) Krouts Creek, West Virginia. Continues the authorization of certain water resources development projects deauthorized under the Water Resources Development Act of 1986. Directs the Secretary to carry out erosion prevention projects in Vermillion Parish and Calcasieu Parish, Louisiana, at a specified Federal cost. Authorizes and directs the Secretary to design and construct such flood control measures at or in the vicinity of Hazard, Kentucky, or the North Fork of the Kentucky River as determined necessary and appropriate to afford the city of Hazard and its immediate environs a level of protection against flooding at least sufficient to prevent any future losses to such city from flooding such as occurred in January 1957. Directs the Secretary, in order to demonstrate the safety benefits and economic efficiencies accruing as a consequence of non-Federal management of harbor improvement projects, to enter into agreements with two non-Federal interests whereby the interests will undertake part or all of a harbor project authorized by law if the cost of doing so will not exceed the cost of the Secretary undertaking such project. Requires at least one such project to involve the improvements to a major ship channel which carries a substantial volume of both passenger and cargo traffic. Authorizes the Administrator of General Services, if so requested by the current owner, to exchange Federal property for a leasehold mineral and royalty interest in the Prado Flood Control Basin in Riverside, California. Directs the Secretary to convey to the trustees of the Salem Wesleyan Church all rights and interest to specified property in Jackson County, Florida, under specified terms and conditions. Directs the Secretary to convey to the Ira D. MacLachlan American Legion Post in Sault Sainte Marie, Michigan, specified real property located there for use as a clubhouse, under specified terms and conditions. Authorizes the Secretary to transfer all rights and interest of specified real property under the jurisdiction of the Department of the Army to the city of Aberdeen, Washington, under specified terms and conditions including that such property be used only for fish and wildlife mitigation or for the generation of hydropower. Directs the Secretary to modify the reversionary interest in specified real property in order to allow the United Methodist Church in Clay County, Georgia, to construct and operate a retirement village on such land. Amends the Water Resources Development Act of 1986 to extend by five years a program for fish and wildlife habitat rehabilitation and enhancement in certain midwestern States. Extends for an equal period the authorization of appropriations for such program. Provides the authorized first Federal cost for construction of a flood control project at San Luis Rey, California. Allows the Federal official handling a construction project request from the Governor of the Virgin Islands for a project for which Federal financial assistance is available to make such assistance available to the Secretary to carry out such project. Authorizes the Secretary to carry out the planning, engineering, and design of the Center Street bridge new alignment for Youngstown, Ohio, at a specified cost. Establishes the Southwest Region Flood Response Evaluation Commission to evaluate: (1) existing flood control measures in the Arkansas, Red, and Ouachita river basins; (2) the effectiveness of Federal emergency response capabilities to prevent or minimize loss of life and damage to property resulting from flooding; and (3) the effectiveness of Federal disaster assistance programs in providing adequate and prompt compensation to flood victims. Outlines administrative provisions and reporting requirements. Terminates the Commission 30 days after submission of its final report. Directs the Secretary to undertake projects for rehabilitation and reconstruction of Federal flood control levees on the: (1) Arkansas River, Arkansas and Oklahoma; and (2) Red River, Oklahoma and Arkansas, below Denison Dam. Authorizes the Secretary to develop and install a flood warning system for the Santa Clara River and its tributaries in Ventura and Los Angeles Counties, California, at a specified cost. Requires non-Federal interests to agree to operate and maintain such system and to develop, maintain, and implement such emergency preparedness plans for flood along the Santa Clara River as are satisfactory to the Secretary. Amends the Water Resources Development Act of 1986 to extend the Rend Lake water storage contract by five years. Directs the Secretary, in consultation with the Director of the U.S. Fish and Wildlife Service and the Administrator of the EPA, to develop a program of research and technology development for the control of zebra mussels in and around public infrastructure facilities. Requires reports from the Secretary concerning such program. Authorizes the Governor of each State to prepare and submit to the Secretary for approval a management plan which identifies those public infrastructure facilities which need financial and technical assistance in order to maintain operations. Outlines plan requirements. Authorizes the Secretary to make grants to a State after its plan has been approved for assisting such State in implementing its management plan. Limits the Federal share of the costs of each management plan to 50 percent. Limits administrative costs to five percent of the amount of the grant. Authorizes appropriations for FY 1991 through 1995. Declares certain portions of Lake Erie to be nonnavigable waters of the United States, unless the Secretary finds that proposed projects within the boundaries of Lake Erie are not in the public interest. Limits the applicability of such declaration to specifically-described portions of such Lake. Terminates such declaration 20 years from the date of enactment of this Act if certain action does not occur. Directs the Secretary, no later than January 20, 1991, to transmit to the Congress a list which specifically identifies opportunities of enhancing wetlands in connection with construction and operation of water resources projects. Authorizes the Secretary to make grants to assist local governments in demonstrating methods of mitigating radium contamination in ground water. Authorizes appropriations for FY 1991 through 1993. Reduces the amount which non-Federal interests would be required to pay for a feasibility study in connection with a flood control project for Hot Springs, Arkansas, by the percentage of total benefits which are attributable to the protection of lands owned by the United States. Directs the Secretary to study and report on the market for container ship traffic in the South Atlantic region of the United States from Port Everglades, Florida, to Norfolk, Virginia. Authorizes appropriations. Directs the Secretary to study and report on a flood control project on the lower Calleguas Creek, California. Authorizes appropriations. Directs the Secretary to conduct a study of, and report on: (1) problems in the southern California region, including governmental roles and responsibilities, with regard to restoring such region's public works infrastructures to full service following earthquakes causing substantial damage; and (2) problems and alternative solutions of containment and restoration of coastal waters and lands following a major oil spill in the California coastal region. Authorizes appropriations for each study and report. Directs the Secretary to study and report on: (1) alternative water supplies in the Red River area, Minnesota and North Dakota; (2) the claims of a certain water company in New Jersey against the Corps of Engineers; (3) the feasibility of implementing flood control measures on the Manasquan River in Freehold, Howell, and other New Jersey townships; (4) a review and evaluation on flooding and associated water quality problems planning undertaken by the city of Buffalo, New York; and (5) the feasibility of non-dam options to alleviate flooding along Mill Creek and Seven Mile Creek in Tennessee. Provides that the study for the inland navigation project, Lake Erie to the Ohio River Canal, Ohio, shall be considered to be primarily designed for navigation improvements in the nature of dams, locks, and channels on the Nation's system of inland waterways. Requires appropriate Senators and Congressmen to be notified when a water resources project in their State or district is being deauthorized. Deauthorizes specified water resources projects. Redesignates: (1) the Half Moon Bay Harbor in El Granada, California, as the Pillar Point Harbor; and (2) the Prado Dam in Riverside, California, as the George Osborn Dam.
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Documents
4 official files
Introduced in House (text)
Introduced in House (text)
Introduced in House · EN
Reported in House (text)
Reported in House · EN
Passed House amended
summary · EN · 26 September 1990
Introduced in House
summary · EN · 19 July 1990
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Sources
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- Official source: https://www.congress.gov/bill/101st-congress/house-bill/5314
- Open data entity: https://api.congress.gov/v3/bill/101/hr/5314