Pub. L. 104-46, tit. I, under "DEPARTMENT OF THE ARMY"
DEPARTMENT OF THE ARMY
DEPARTMENT OF THE ARMY Corps of Engineers—Civil 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 and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, restudy of authorized projects, miscellaneous investigations, and, when authorized by laws, surveys and detailed studies and plans and specifications of projects prior to construction, $121,767,000, to remain available until expended, of which funds are provided for the following projects in the amounts specified: Norco Bluffs, California, $375,000; Ohio River Greenway, Indiana, $500,000; Kentucky Lock and Dam, Kentucky, $2,000,000; Mussers Dam, Middle Creek, Snyder County, Pennsylvania, $300,000; and West Virginia Port Development, West Virginia, $300,000: Provided, That the Secretary of the Army, acting through the Chief of Engineers, is directed to undertake a study of water supply and associated needs in the vicinity of Hazard, Kentucky, using $500,000 of the funds appropriated under this heading in Public Law 103–316 for Hazard, Kentucky. 109 STAT. 403 construction, general For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by laws; and 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), $804,573,000, to remain available until expended, of which such sums as are necessary pursuant to Public Law 99–662 shall be derived from the Inland Waterways Trust Fund, for one-half of the costs of construction and rehabilitation of inland waterways projects, including rehabilitation costs for the Lock and Dam 25, Mississippi River, Illinois and Missouri, Lock and Dam 14, Mississippi River, Iowa, Lock and Dam 24, Mississippi River, Illinois and Missouri, and GIWW-Brazos River Floodgates, Texas, projects, and of which funds are provided for the following projects in the amounts specified: Homer Spit, Alaska, repair and extend project, $3,800,000; McClellan-Kerr Arkansas River Navigation System, Arkansas, $6,000,000: Provided, That $4,900,000 of such amount shall be used for activities relating to Montgomery Point Lock and Dam, Arkansas; Red River Emergency Bank Protection, Arkansas and Louisiana, $6,600,000; Sacramento River Flood Control Project (Glenn-Colusa Irrigation District), California, $300,000; San Timoteo Creek (Santa Ana River Mainstem), California, $5,000,000; Indiana Shoreline Erosion, Indiana, $1,500,000; Arkansas City flood control project, Kansas, $700,000, except that for the purposes of the project, section 902 of Public Law 99–662 is waived; Winfield, Kansas, $670,000; Harlan (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $12,000,000; Williamsburg (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $4,100,000; Middlesboro (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $1,600,000; Salyersville, Kentucky, $500,000; Lake Pontchartrain and Vicinity (Hurricane Protection), Louisiana, $13,348,000; Ouachita River Levees, Louisiana, $2,300,000; Red River below Denison Dam Levee and Bank Stabilization, Louisiana, Arkansas, and Texas, $2,500,000; Roughans Point, Massachusetts, $710,000; Marshall, Minnesota, $850,000; Ste. Genevieve, Missouri, $1,000,000; Broad Top Region, Pennsylvania, $4,100,000; Glen Foerd, Pennsylvania, $200,000; South Central Pennsylvania Environmental Restoration, Pennsylvania, $3,500,000; Wallisville Lake, Texas, $5,000,000; Virginia Beach Erosion Control and Hurricane Protection, Virginia, $1,100,000;109 STAT. 404 Hatfield Bottom (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), West Virginia, $200,000; and Upper Mingo (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), West Virginia, $2,000,000: Provided, That the Secretary of the Army, acting through the Chief of Engineers, shall transfer $1,120,000 of the Construction, General funds appropriated in this Act to the Secretary of the Interior and the Secretary of the Interior shall accept and expend such funds for performing operation and maintenance activities at the Columbia River Fishing Access Sites to be constructed by the Department of the Army at Cascade Locks, Oregon; Lone Pine, Oregon; Underwood, Washington; and the Bonneville Treaty Fishing Access Site, Washington: Provided further, That using funds appropriated in Public Law 103–316 for the Sacramento River Flood Control Project (Deficiency Correction), California, project and funds appropriated herein for the Sacramento Urban Area Levee Reconstruction, California, project, the Secretary of the Army, acting through the Chief of Engineers, is directed to acquire all or part of the Little Holland Tract, with any and all appurtenant water rights, for wetland and fish and wildlife activities pursuant to the authority of section 906 of Public Law 99–662 and conditioned on a determination made by the Secretary, pursuant to section 906, that acquisition is in the Federal interest. flood control, mississippi river and tributaries, arkansas, illinois, kentucky, louisiana, mississippi, missouri, and tennessee 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), $307,885,000, to remain available until expended. 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; and removal of obstructions to navigation, $1,703,697,000, to remain available until expended, of which such sums as become available in the Harbor Maintenance Trust Fund, pursuant to Public Law 99–662, may be derived from that fund, and of which such sums as become available from the special account established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 4601), may be derived from that fund for construction, operation, and maintenance of outdoor recreation facilities: Provided, That not to exceed $5,000,000 shall be available for obligation for national emergency preparedness programs: Provided further, That $5,926,000 of the funds appropriated herein are provided for the Raystown Lake, Pennsylvania, project: Provided further, That the Secretary of the Army is directed during 109 STAT. 405 fiscal year 1996 to maintain a minimum conservation pool level of 475.5 at Wister Lake in Oklahoma. regulatory program For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $101,000,000, to remain available until expended. flood control and coastal emergencies For expenses necessary for emergency flood control, hurricane, and shore protection activities, as authorized by section 5 of the Flood Control Act approved August 18, 1941, as amended, $10,000,000, to remain available until expended. oil spill research For expenses necessary to carry out the purposes of the Oil Spill Liability Trust Fund, pursuant to title VII of the Oil Pollution Act of 1990, $850,000, to be derived from the Fund and to remain available until expended. 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 Coastal Engineering Research Board, the Humphreys Engineer Center Support Activity, the Engineering Strategic Studies Center, and the Water Resources Support Center, $151,500,000, to remain available until expended: Provided, That not to exceed $62,000,000 of the funds provided in this Act shall be available for general administration and related functions in the Office of the Chief of Engineers: Provided further, That no part of any other appropriation provided in title I of this Act shall be available to fund the activities of the Office of the Chief of Engineers or the executive direction and management activities of the Division Offices: Provided further, That with funds provided herein and notwithstanding any other provision of law, the Secretary of the Army shall develop and submit to the Congress (including the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives) within 60 days of enactment of this Act, a plan which reduces the number of division offices within the United States Army Corps of Engineers to no less than 6 and no more than 8, with each division responsible for at least 4 district offices, but does not close or change any civil function of any district office: Provided further, That notwithstanding any other provision of law, the Secretary of the Army is directed to begin implementing the division office plan on August 15, 1996, and such plan shall be implemented prior to October 1, 1997. administrative provisions Appropriations in this title shall be available for official reception and representation expenses (not to exceed $5,000); and during the current fiscal year the revolving fund, Corps of Engineers, shall be available for purchase (not to exceed 100 for replacement only) and hire of passenger motor vehicles.