Water Resources Development Act of 1990 - Title III: Generally Applicable Provisions

Title III: Generally Applicable Provisions

Amends the Water Resources Development Act of 1986 to treat as construction the costs of planning and engineering of projects for which non-Federal interests contributed 50 percent or more of the cost of the feasibility study.

Includes preparation for emergency response to any natural disaster (currently, flood emergency preparation only) with actions for which emergency response funds are authorized to be used. Authorizes the use of such funds for certain emergency dredging.

Authorizes the Secretary to complete and transmit to the appropriate non-Federal interest any study for improvement to harbors or inland harbors initiated pursuant to the Rivers and Harbors Act of 1960 or, upon request, to terminate such study and transmit the partially completed study to the non-Federal interest.

Requires biennial reports beginning in 1992 concerning water resources project modifications for improving the quality of the environment in the public interest. Provides annual funding for such modification projects.

Directs environmental protection as one of the primary missions of the United States Army Corps of Engineers in planning, designing, constructing, operating, and maintaining water resources projects.

Establishes as part of the Corps of Engineers' water resources development program an interim goal of no net loss of the Nation's remaining wetlands base, and a long-term goal of increasing the quality and quantity of wetlands in the United States. Outlines goals and an action plan for the development and restoration of wetlands. Authorizes a program to evaluate and demonstrate the use of constructed wetlands for wastewater treatment, as well as methods by which such projects contribute to meeting the objectives of the Federal Water Pollution Control Act. Authorizes a demonstration program to determine the feasibility of wetlands restoration, enhancement, and creation as a means of contributing to achieving the wetlands goals.

Authorizes a program for the training and certification of individuals as wetlands delineators.

Prohibits certain new or substantially improved structures built in specified flood plains from being included in the benefit base for justifying Federal flood damage reduction projects. Requires a cost-sharing report and regulations in connection with such projects.

Directs a report to Congress on the advisability of not participating in the planning, implementation, or maintenance of any beach stabilization or renourishment project unless the State in which the proposed project will be located has established a beachfront management program that includes certain restrictions and provisions.

Directs the Secretary to establish for each major reservoir under the jurisdiction of the Corps a technical advisory committee to provide recommendations on reservoir monitoring and options for reservoir research. Requires ample public participation in the development or revision of reservoir operating manuals of the Corps. Directs a study of the operations of reservoir projects under Army jurisdiction and report the results to the Congress.

Directs, whenever necessary to meet the requirements of the Federal Water Pollution Control Act, removal of contaminated sediments outside the boundaries of and adjacent to the navigation channel as part of the operation and maintenance of a navigation project. Terminates such dredging requirement five years after enactment except for the completion of commenced projects.

Directs, in planning any water resources project, consideration of its impact on existing and future recreational and commercial uses. Requires any changes adversely affecting the recreational use of a project to be mitigated. Terminates such requirements five years after the enactment of this Act except for restoration already commenced on such date. Requires project costs to be shared by the beneficiaries of such recreation.

Provides that activities currently performed in connection with the operation and maintenance of hydroelectric power generating facilities of the Corps are to be considered inherently governmental functions and not commercial activities.

Amends the Water Resources Development Act of 1986 to include preservation and enhancement of the environment in matters to be addressed in water resources planning under such Act; and (2) increase 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 and Maintenance Trust Fund.

Authorizes Corps of Engineers' research and development laboratories to provide assistance to corporations, partnerships, limited partnerships, consortia, public and private foundations, universities, and nonprofit organizations operating within the United States or its territories or possessions under specified conditions, including that providing such assistance is in the public interest and within the mission of the Corps.

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 and other non-Federal public bodies to whom such assistance is provided. Requires the Secretary to phase in such cost-sharing program.

Amends the Flood Control Act of 1960 to authorize collection of fees from Federal agencies and private individuals in order to recover costs of providing certain flood control information collection and dissemination services.

Authorizes water supply storage space requested by a low-income community if such space is available in a water resources development project operated by the Secretary.

Read more about this topic:  Water Resources Development Act Of 1990

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