Pub. L. 84-163, tit. III, under "Rivers and Harbors and Flood Control"
Rivers and Harbors and Flood Control
Rivers and Harbors and Flood Control The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood control, beach erosion, and related purposes: general investigations For expenses necessary for the collection mid study of basic information pertaining to river and harbor, flood control, shore protect ion, and related projects, and when authorized by law, preliminary examinations, surveys and studies (including cooperative beach erosion studies as authorized in Public Law Numbered 520, Seventy-first Congress, approved July 3, 1930, as amended and supplemented), of projects prior to authorization for construction, to remain available until expended, $5,940,000, of which $1,000,000 shall be available for the study authorized by P. L. 71, Eighty-fourth Congress: Provided, That of said total sum $180,000 shall be used for a comprehensive investigation of the entire Alabama-Coosa River and a report of said survey. construction, general For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by law: detailed studies, and plans and specifications, of projects (including those for development with participation or under consideration for participation by States, local governments, or private groups) authorized or made eligible, for selection by law (but such studies shall not constitute a commitment of the Government to construction); and not to exceed $900,000 for transfer to the Secretary of the Interior for conservation of fish and wildlife as authorized by law; to remain available until expended, $401,173,000, of which $25,000 shall be available for the project at Playa del Key Inlet and Harbor, Venice, California, authorized by the River and Harbor Act of 1954, and $68,000 shall be available for The Upper Iowa River Project: Provided, That funds appropriated herein may at the discretion and under the direction of the Chief of Engineers be used in payment to the accounts of the Confederated Tribes of the Yakima Reservation; the Confederated Tribes of the Warm Springs Reservation; the Con federated Tribes of the Umatilla Reservation; or other recognized Indian tribes, and those individual Indians not enrolled in any recognized tribe, but who through domicile at or in the immediate vicinity of the reservoir and through custom and usage are found to have an equitable interest in the fishery, all of whose fishing rights and interests will be impaired by the Government incident to the construction, operation, or maintenance of The Dalles Dam, Columbia River, Washington and Oregon, and must he subordinated thereto by agreement or litigation: Provided further, That not to exceed $210,000 of funds appropriated herein may be transferred to the Secretary of the Interior for relocation of those permanent, resident Indian families in The Dalles project who were domiciled within the project area on May 17, 1950, and to acquire such lands as may be necessary therefor on the condition that the Secretary of the Interior transfer to the control of the Secretary of the Army for use in connection with The Dalles Dam project, Oregon, an irregular shaped parcel of land containing in the aggregate approximately five and five-tenths acres located in lot 1 of section 17 and in lots 1 and 2 of section 20, township 2 north, range 15 east, Willamette meridian, Oregon, being a portion of the land previously transferred to the 69 Stat. 362 Secretary of the Interior by the Secretary of the Army pursuant to the Act approved February 9, 1929 (45 Stat. 1158). Title to the lands acquired by the Secretary of the Interior for the above stated purpose shall be taken in the name of the United States in trust for the individual Indian for whose benefit it is acquired; any such trust may be terminated by the Secretary of the Interior by conveyance of a fee simple title to the Indian or his heirs or devisees, without application therefor, when in the judgment of the Secretary of the Interior the Indian or his heirs or devisees are capable of managing their own affairs. In carrying out such relocations, the Secretary of the Interior may enter into a contract or contracts with any State or political subdivision thereof: Provided further, That not to exceed $4,500,000 of the funds provided herein shall be available for the construction of small authorized projects selected by the Secretary of the Army the cost of which is not in excess of $150,000 and any such project, shall be completed within the funds herein appropriated: Provided further, That in lieu of protecting the Lewis and Clark Irrigation District, not to exceed $2,050,000 of the funds herein or hereafter appropriated for the Garrison Dam and Reservoir project on the Missouri River shall be available for the purchase of lands and improvements in the Lewis and Clark Irrigation District, and not to exceed $1,196,000 shall be available for the relocation of highways and utilities therein: Provided, however, That the substitution of land acquisition for protection shall not be made unless two-thirds of the landowners, on or before December 31, 1955, have offered to sell their property on agreeable terms, and which are within the proportion of the total amount provided for such land acquisition: Provided further, That in lieu of protecting the East Bottom of the Buford-Trenton Irrigation District, not to exceed $1,750,000 of the funds herein or hereafter appropriated for the Garrison Dam and Reservoir project on the Missouri River shall be available for the purchase of lands and improvements in and contiguous to the Buford-Trenton Irrigation District, and not to exceed $2,000,000 shall be available to the Corps of Engineers for protection of the intake structure of the pumping plant in Zero Bottom and for the construction of bank protection to prevent erosion in the Missouri River adjacent to the Buford-Trenton irrigation project: Provided, however, That the substitution of land acquisition for protection shall not be made unless two-thirds of the landowners on or before December 31, 1955, have offered to sell their property on agreeable terms, and which are within the proportion of the total amount provided for such land acquisition: Provided further, That in the event land acquisition is undertaken in lieu of protection of the East Bottom, that in recognition of the increased per acre annual operation and maintenance cost of the remaining lands in the Buford-Trenton Irrigation District the construction charge obligation as set forth in a proposed contract between the United States and Buford-Trenton Irrigation District, approved as to form February 23, 1955, assignable to such remaining lands shall be nonreimbursable, and the Secretary of the Interior is authorized and directed to transfer operation and maintenance responsibility for project works constructed by the Bureau of Reclamation for the benefit of the Buford-Trenton Irrigation District to such district: Provided further, That funds herein appropriated shall be available to the Secretary of the Army to reimburse the port of Tacoma for such work as they may have done within the limits of the Federal portion of the Tacoma Harbor project, over and above the work required as a part of the local cooperation for the project, insofar as the same shall be approved by the Chief of Engineers and found to have been done in accordance with the authorized modification 69 Stat. 363 adopted in the 1954 River mid Harbor Act: Provided further, That such payment shall not exceed the sum of $373,116: Provided further, That the Corps of Engineers may accept not to exceed $3,000,000 from local interests for prosecution of construction of the authorized project at Brays Bayou, Harris County, Texas, mid not to exceed $190,000 for construction of the authorized project at Green Bay Harbor, Wisconsin: Provided further, That funds herein appropriated shall be available for expenditure, in addition to funds heretofore made available for the Oahe, Gavins Point, and Fort Randall Dams and Reservoir projects on the Missouri River, shall be available to cooperate with the State of South Dakota in restoring a reasonable water level to a portion of McCook Lake, Union County, South Dakota, which water level has been impaired and surrounding residential properties damaged by the reduced flow of the Missouri River due to the construction of the Oahe, Fort Randall, and Gavins Point Dam projects: Provided further, That the cost to the United States shall not exceed $150,000: Provided further, That the State or local agencies shall contribute an equal amount to the cost of the restoration works which restoration shall be accomplished by agreement between the Game, Fish, and Parks Commission of the State of South Dakota and the Secretary of the Army acting through the Corps of Engineers. operation and maintenance, general For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality, or other public agency, outside of harbor lines, and serving essential needs of general commerce and navigation: surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; removal of obstructions to navigation; rescue work, and repair, restoration, or maintenance of flood control projects threatened or destroyed by flood; and not to exceed $1,000,000 for transfer to the Secretary of the Interior for conservation of fish and wildlife as authorized by law; to remain available until expended, $83,030,000. general expenses For expenses necessary for general administration and related functions in the Office of the Chief of Engineers and offices of the Division Engineers; activities of the Board of Engineers for Rivers and Harbors, the Beach Erosion Board, and the California Debris Commission; administration of laws pertaining to preservation of navigable waters; commercial statistics; and miscellaneous investigations; $9,300,000. flood control, mississippi river and tributaries For expenses necessary for prosecuting work of flood control, and rescue work, repair, restoration or maintenance of flood control projects threatened or destroyed by flood, as authorized by law (33 U. S. C. 702a, 702g-1), to remain available until expended, $51,962,500. niagara remedial works For financing a part of the United States share of the cost of remedial works in the Niagara River, to be undertaken in accordance with article II of the treaty between the United States of America and Canada, ratified by the United States Senate on August 9, 1950, to remain available until expended, $2,400,000. 69 Stat. 364 united states section, saint lawrence river joint board of engineers For necessary expenses of the United States section of the Saint Lawrence River Joint Board of Engineers, established by Executive Order 10500, dated November 4, 1953, including services as authorized by section 15 of the Act of August. 2, 1946 (5 U. S. C. 55a), at rates not to exceed $100 per day for individuals; $150,000: Provided, That no part of these funds shall be obligated until agreement has been entered into, by the United States Government and the United States entity authorized to construct the power works in the International Rapids section of the Saint Lawrence River, providing for the reimbursement of the expenditures of the United States section of this Board by the construction entity. administrative provisions Appropriations in this title shall be available for expenses of attendance at meetings of organizations concerned with the work for which the appropriation is made, for uniforms, or allowances therefor, as authorized by the Act. of September 1, 1954 (68 Stat. 1114), as amended, and for printing, either during a recess or session of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress; and during the current fiscal year the revolving fund, Corps of Engineers, shall lie available for purchase (not to exceed two hundred and fifty for replacement only) and hire of passenger motor vehicles. The Chief of Engineers hereafter is authorized without regard to section 505 of the Classification Act of 1949, as amended, to place the position of Chief of the Programs Branch, Office of the Assistant Chief of Engineers for Civil Works, in the grade GS–17 established by the Classification Act of 1949, as amended, so long as the position is held by the present incumbent.