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United States · Law · S

S. 2740 (101st)

Water Resources Development Act of 1990

enactedUnited States· United States Congress· EN

Introduced

14 June 1990

Last action

—

Status

Became Public Law No: 101-640.

Sponsors

—

Subjects

Discovery layer

Source updated

14 January 2025

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Summary

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.

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