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United States · Law · S

S. 3823 (94th)

Water Resources Development Act of 1976

openUnited States· United States Congress· EN

Introduced

16 September 1976

Last action

Status

Public law 94-587.

Sponsors

Subjects

Discovery layer

Source updated

14 January 2025

Summary

Water Resources Development Act - Authorizes the Secretary of the Army, acting through the Chief of Engineers, to initiate advanced engineering and design of the following water resources development projects, for the following estimated costs as listed: (1) for navigation improvements in New London Harbor and Thames River (Connecticut), $250,000; (2) for beach erosion control and navigation from Hereford Inlet to Cape May Canal (New Jersey), $2,062,000; (3) for beach erosion control, navigation, and storm protection from Barnegat Inlet to Longport (New Jersey), $2,396,000; (4) for navigation on the Elizabeth River (Virginia), $100,000; (5) for flood control of the Wallkill River (New Jersey, New York), $330,000; (6) for flood control at Lock Haven (Pennsylvania), $430,000; (7) for flood control at Wyoming Valley (Pennsylvania), $450,000; (8) for flood control at Richmond (Virginia), $800,000; (9) for navigation improvements at Charleston Harbor (South Carolina), $500,000; (10) for navigation improvements at San Juan Harbor (Puerto Rico), $300,000; (11) for beach erosion control for Presque Isle Penninsula (Pennsylvania), $700,000; (12) for flood control and other purposes at Little Calumet River (Indiana), $1,400,000; (13) for local flood protection and other purposes on the Minnesota River (Chaska, Minnesota), $10,498,000; (14) for local flood protection and other purposes at La Crosse (Wisconsin), $400,000; (15) for local flood protection on the Park River (Grafton, North Dakota), $570,000; (16) for salt water control on the Neches River (Beaument, Texas), $500,000; (17) for flood protection on St. Johns Bayou (Missouri), $300,000; (18) for flood control and other purposes on Calleguas Creek (California), $1,060,000; (19) for navigation improvements in Los Angeles-Long Beach Harbor (California), $50,000; and (20) for flood control and other purposes on Morrison Streams (California), $750,000. Authorizes the Secretary, acting through the Chief of Engineers, to initiate advanced engineering and design of the following projects, subject to approval by the President, for the following estimated costs, as listed: (1) for salt water control on the Brazos River (Lubbock, Texas), $650,000; and (2) for installation of additional facilities at McNary Lock and Dam (Oregon, Washington), $1,800,000. Authorizes the Secretary, acting through the Chief of Engineers, to initiate advanced engineering and design of the following projects, subject to approval by the Secretary of the Army and the President, for the following estimated costs, as listed: (1) for navigation at Brunswick Harbor (Georgia), $300,000; (2) for flood control and other urban water problems in Chicago (Illinois), $12,000,000; (3) for flood control on the Pembina River (Walhalla, North Dakota), $930,000; (4) for local flood protection on Papillon Creek (Omaha, Nebraska), $75,000; (5) for local flood protection on Rio Puerco (New Mexico), $1,500,00; (6) for flood control and other purposes on the Santa Ana River (California), $700,000; (7) for navigation improvements on the Siuslaw River (Siuslaw, Oregon), $50,000; and (8) for hydroelectric power on the Susitna River (Alaska), $25,000,000. Authorizes the Secretary, acting through the Chief of Engineers, to undertake the following projects, for the following estimated costs, as listed: (1) for navigation improvements at Jonesport Harbor (Maine), $4,714,000; (2) for flood control at Saw Mill River Basin (Ardsley, New York), $1,780,000; (3) for navigation in the Delaware River (Philadelphia, Pennsylvania), $595,000; (4) for flood control on Hay Creek (Birdsboro, Pennsylvania), $1,757,000; (5) for flood control at the Richmond filtration plant (Virginia), $4,617,000; (6) for flood control at Virginia Beach (Virginia), $1,425,000; (7) for beach erosion control for Fort Fisher and vicinity (North Carolina), $4,671,000; (8) for beach erosion control and storm protection for Jekyll Island (Georgia), $3,885,000; (9) for navigation improvements at Ponce Harbor (Puerto Rico), $3,940,000; (10) for modification at Fairport Harbor (Ohio), $1,688,000; (11) for modifications at Saylorsville Lake (Iowa), $7,374,000; (12) for local flood protection at Evansdale (Iowa), $2,495,000; (13) for navigation for Petit Anse (Iberia Parish, Louisiana), $2,000,000; (14) for flood control for Flathead and Clark Fork River Basins (Montana), $3,500,000; (15) for local flood protection in the Bear River Basin (Linda and Olivehurst, California), $3,330,000; (16) for flood control on Kahoma Stream (Hawaii), $3,350,000; (17) for flood protection on Wears Creek (Missouri), $29,110,000; and (18) for hurricane protection and beach erosion control on Grand Isle (Jefferson Parish, Louisiana), $6,655,000. Authorizes the construction of the following projects, subject to the approval of the Secretary of the Army and the President, for the following estimated costs, as listed: (1) for navigation improvements on the Gulf Intercoastal Waterway (Louisiana), $20,029,000; (2) for navigation improvements on the Mermentau River (Louisiana), $261,000 (initial cost) and subsequent annual costs of $85,000; (3) for local flood protection on Bassett Creek (Minnesota), $7,593,000; (4) for flood control storage on the Baker River (Washington), $21,000 (initial costs) and $68,000 (annual costs); (5) for navigation improvements at Mobile Harbor (Alabama), $1,280,000; and (6) for fish and wildlife compensation on the Lower Snake River (Idaho, Washington), $58,400,000. Authorizes the Secretary, acting through the Chief of Engineers, to construct a replacement lock and dam on the Mississippi River at Alton, Illinois, at an estimated cost of $391,000,000. Directs the Secretary to replace wildlife habitat and construct recreation facilities in connection with such project. Stipulates that such facilities be developed in accordance with provisions of the Federal Water Project Recreation Act, at an estimated cost of $2,750,000 (to be shared with the State of Missouri). Establishes a Mississippi River System Council to prepare a comprehensive master plan for the management of the Mississippi River System, to be finalized by July 1, 1981. Authorizes the appropriation of $20,000,000 for such study. Directs the Secretary of the Army, after consultation with the Secretary of Transportation, to establish a schedule of user charges on inland waterway commercial transportation. Stipulates that such user charges be adequate to recover 50 percent of the Federal navigation-related costs for inland waterways. Imposes a fine of up to $5,000 per day for failure to pay such user charge. Directs the Secretary, acting through the Chief of Engineers, to conduct a survey for flood control purposes at the Navajo Indian Reservation in Arizona, New Mexico, and Utah, at an estimated cost of $2,000,000. Directs the Secretary to conduct a feasibility study of potential water resources developments at Hilo Bay and Kailua-Kona in Hawaii. Terminates the authorization for the Gaysville Dam and Lake project in Vermont. Modifies the project for hurricane-flood control protection at New London, Connecticut, to authorize additional construction, at an estimated cost of $7,745,000. Requires that non-Federal interests agree to pay 30 percent of the total first cost of such project. Authorizes the Secretary of the Army to declare specified portions of the Hudson River in New Jersey as non-navigable if he approves specified public works projects as in the public interest. Directs the Secretary, acting through the Chief of Engineers, to develop a plan for shoreline protection and beach erosion control along Lake Ontario. Authorizes the appropriation of $2,000,000 for such study. Repeals authority for the Chief of Engineers to enforce traffic regulations for the protection of the Washington Aqueduct and Filtration Plant in Washington, D.C. Grants the consent of Congress for the construction of a water diversion structure by the Washington Suburban Sanitary Commission, subject to the approval of a written agreement with respect to allocation of water by affected local interests in Maryland, Virginia, and the District of Columbia. Authorizes the modification of the Gallipolis locks and dam navigation project in Ohio, at an estimated cost of $146,000,000. Modifies the project for the Atlantic Intracoastal Waterway Bridges in North Carolina and Virginia to stipulate that all first costs shall be borne by the United States, at an estimated additional Federal cost of $7,600,000. Revises the authorization for the Richard B. Russell Dam and Lake in Georgia to remove the prohibition on inclusion of pumped storage power in the project authorization. Authorizes the Secretary, acting through the Chief of Engineers, to install a fifth hydropower unit at the Hartwell Reservoir in Georgia and South Carolina, at an estimated increased cost of $15,700,000. Modifies the west Tennessee tributaries project to authorize the Secretary, acting through the Chief of Engineers, to construct a flood control project on Harris Fork Creek and South Fulton Branch in Kentucky and Tennessee, at an estimated cost of $5,000,000. Authorizes the Secretary to acquire additional sites for the Big South Fork National River and Recreation Area in Kentucky and Tennessee. Authorizes transfer of interim management functions to the Department of the Interior. Increases the amount authorized to be appropriated for such project from $32,850,000 to $103,522,000. Directs the Secretary, acting through the Chief of Engineers, to construct flood protection works on the Obion River in Tennessee, at an estimated cost of $1,000,000. Directs the Secretary to make maximum effort to assure full participation by minority groups in States participating in the Tennessee-Tombigbee Waterway Development Authority. Directs the Secretary to initiate advanced engineering and design for flood control on Nonconnah Creek (Tennessee), at an estimated cost of $350,000, while continuing to study alternatives to the proposed project. Directs the Secretary to initiate advanced engineering and design for channel modification of Sowashee Creek (Mississippi), at an estimated cost of $450,000. Stipulates that local cooperation requirements shall not apply for the construction of certain bridges in connection with the Mississippi River-Gulf outlet channel project. Modifies the project for navigation and bank stabilization in the Red River Waterway in Arkansas, Louisiana, Oklahoma, and Texas, to stipulate that non-Federal interests shall contribute 25 percent of the costs of structures for disposal of dredged material. Extends the authorization for the demonstration program to extend the navigation program on the Great Lakes and St. Lawrence Seaway until September 30, 1979. Increases the authorization for appropriations from $9,500,000 to $15,584,000. Authorizes the Secretary, acting through the Chief of Engineers, to initiate advanced engineering and design on the project for flood protection of the North Branch, Chicago River watershed (Illinois), at an estimated cost of $370,000. Modifies the flood protection project at Memkato, Minnesota, to authorize replacement of two bridges, at an estimated cost of $8,175,000. Modifies the project for flood control at Minot, South Dakota, to authorize the Secretary of the Army to reimburse non-Federal interests for unanticipated additional expenses, in an amount not to exceed $200,000. Directs the Secretary to relocate certain water intakes at Williston, North Dakota. Authorizes the appropriation of $1,000,000 for such purposes. Authorizes the Secretary to initiate advanced engineering and design on the Days Creek unit of the Red River flood control project, at an estimated cost of $300,000. Authorizes construction of the entire Red River project below Denison Dam, at an estimated cost of $4,131,000. Modifies the San Antonio flood control project in Texas to direct the Secretary to protect the Espada Acequia aqueduct, at a Federal cost of $1,761,000. Authorizes the Secretary to undertake the non-structural flood protection project at Baytown, Texas, at an estimated Federal cost of $15,680,000. Stipulates that non-Federal interests must pay 20 percent of total project costs. Requires Congressional approval prior to initiation of construction of components of the project for water quality control in the Arkansas-Red River Basin in Kansas, Oklahoma, and Texas. Requthorizes the project for flood protection on the Deep Fork River in Oklahoma to delete benefits for water quality and include benefits for water supply. Authorizes the Secretary of Commerce, acting through the Economic Development Administration, to develop plans to increase depleting water supplies in the States of Colorado, Kansas, New Mexico, Oklahoma, Texas, and Nebraska. Authorizes appropriations of $6,000,000 for such study, to be finalized by July 1, 1980. Modifies the project for the Cochiti Reservoir in New Mexico to direct the Secretary of the Army, acting through the Chief of Engineers, to construct an access road to such reservoir. Authorizes the appropriation of $1,500,000 for such construction. Authorizes the Secretary to construct a project for local flood protection on the Santa Fe River in New Mexico, at an estimated cost of $8,200,000. Modifies the Libby Dam project in Montana to stipulate that half the cost of fish loss mitigation measures, up to a maximum of $5,500,000, be authorized for expenditures as deemed appropriate by the Secretary. Modifies the Rivers and Harbors Act of 1945 to direct the Secretary to construct a four-lane bridge across the Snake River, at an estimated Federal expense not to exceed $21,000,000, subject to conditions of local cooperation. Modifies the Lucky Peak Lake project in Idaho to authorize maintenance on the outlet works for such project, at a Federal cost not to exceed $4,100,000. Increases from $350,000 to $380,000 the amount authorized for reimbursement of local interests in Idaho for bridge construction incurred as a result of the Libby Dam project in Montana. Authorizes the Secretary to furnish temporary educational facilities for dependents of persons engaged in the construction of additional facilities at Chief Joseph Dam and Reservoir in Washington. Authorizes appropriations of $2,500,000 for such purposes. Directs the Secretary to conduct maintenance dredging operations on the Oregon Slough in Oregon, at an estimated annual cost of $70,000. Stipulates that costs incurred by local interests for project construction shall be non-reimbursable. Authorizes the appropriation of $250,000 for completion of advanced engineering and design of the Days Creek Dam in Oregon. Increases the limit on the amount of Federal contribution for the Del Valle Reservoir flood control project in California from $4,080,000 to $4,650,000. Modifies the project for Port San Luis in California to authorize the construction of additional project features, at an estimated cost of $5,400,000. Modifies the project for Cook Inlet in Alaska to authorize the Secretary to maintain a specified harbor depth, at an estimated annual cost of $150,000. Directs the Secretary to study plans for the removal of debris and obsolete buildings near Metlakatla and Annette Island in Alaska, at an estimated cost of $100,000. Modifies the Crater-Long Lakes project in Alaska to authorize reimbursement payments over a 60-year period. Stipulates that the Secretary of the Army shall relocate transmission lines in connection with such project, at an estimated cost of $5,641,000. Declares the following bodies of water to be non-navigable: Lake Oswego, Oregon; Lake Coeur d'Alene, Idaho; and Lake George, New York. Establishes a Hydroelectric Power Development Fund for advanced engineering and design of hydroelectric power projects by the Chief of Engineers. Authorizes an initial appropriation of $25,000,000 for deposit in the Fund. Stipulates that non-Federal public authorities be required to pay the estimated costs of projects prior to favorable action by Federal interests, with the Federal interests assuming any additional costs. Amends the Streambank Erosion Control Evaluation and Demonstration Act of 1974 to authorize additional demonstration projects. Increases the appropriation authorization for such projects from $25,000,000 to $50,000,000. Extends the termination date for such program until 1981. Increases from $300,000 to $10,000,000 the maximum annual amount authorized to be expended by the Secretary of Agriculture for emergency watershed protection measures. Amends the Rivers and Harbors Act of 1960 to increase from $1,000,000 to $2,000,000 the maximum allotment for individual small river and harbor improvement projects. Stipulates that where more than ten percent of water resources development project benefits are attributable in increased land values to a single landowner, such owner shall agree to pay half the costs allocated to such benefits. Authorizes the Secretary of the Army to make repairs and rehabilitation of navigation projects, if the cost is less than $10,000,000, without prior Congressional approval. Exempts the Panama Canal from such stipulation. Directs the Secretary to establish procedures to include initial expenses incurred by local interests in calculating project costs and benefits. Directs the Secretary to include such expenditures incurred in connection with the Mingo Creek flood control project in Oklahoma. Establishes a Water Resources Mitigation Advisory Board to evaluate complaints of potential adverse impacts of proposed water resources projects. Directs the Secretary of the Army to assume responsiblity for removal of drift and debris from publicly maintained commercial boat harbors and adjacent areas. Authorizes the Secretary to undertake such projects without specific Congressional approval when the total Federal cost is less than $400,000. Limits the total, annual Federal expenditures for such purposes to $4,000,000. Requires that local interests pay one-third of such costs. Increases the appropriation authorization for the New York Harbor drift removal project from $14,000,000 to $28,725,000. Stipulates that small watershed protection project reports include information concerning possible failures of water storage facilities, potential impact of such failure, and possible preventitive measures. Stipulates that any plan submitted by the Secretary of Agriculture under the Watershed Protection and Flood Prevention Act shall not be approved unless the Federal share of such plan is less than $10,000,000. Stipulates that such projects shall not be considered unless at least 20 percent of the total project benefits are directly related to agriculture. Requires additional information on watershed projects which include recreation benefits relating to a description of other similar recreation facilities in the area and the anticipated impact of the proposed project on such facilities. Directs the Secretary of Agriculture, acting through the Soil Conservation Service, to report on the feasibility of requiring full public access to watershed impoundments with recreation-related features. Stipulates that no funds for any project as authorized by this Act shall be available for expenditure prior to fiscal year 1978.

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