Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service

Water Resources Development Act of 1986

Water Resources Development Act of 1986 [33 U.S.C. 2201 et seq.; P.L. 99-662, November 17, 1986; 100 Stat. 4082. (Most of the provisions in this Act are codified at 33 U.S.C. 2201 et seq.) Additional chapter citations include 42 U.S.C. 1962; 23 U.S.C. 104; 16 U.S.C. 688aa; 48 U.S.C. 1662; 26 U.S.C. 9505; 43 U.S.C. 390b; and 16 U.S.C. 3501.]

This Act authorizes for construction and/or study 270 Corps of Engineers projects (port development, inland navigation, flood control, streambank erosion, and shoreline erosion, as well as feasibility and reconnaissance studies). It also deauthorizes 290 projects and provides for deauthorization of other projects if funds have not been obligated for construction, including planning and design, within 5 years of this statute's enactment.

The total cost of the Act is $16.5 billion. The cost of authorized fish and wildlife mitigation/enhancement features is in excess of $500 million, including acquisition of approximately 585,000 acres of habitat, primarily wetlands.

This Act contains provisions covering all features of water resources development and planning, including cost-sharing by Federal and non-Federal interests, as well as environmental assessment and mitigation requirements. Provisions of national interest to the Service include:

Other provisions of regional or project-specific interest to the Service include:

Tennessee-Tombigbee Waterway, Alabama/Mississippi -- 88,000 acres at a cost of $60.2 million.

Missouri River Mitigation, Missouri, Kansas, Iowa, and Nebraska -- $51.9 million (29,900 acres).

Yazoo Backwater Area, Mississippi -- 40,000 acres; $17.7 million.

Cooper Lake and Channels, Texas -- $14.8 million (28,000 acres).

Red River Waterway, Louisiana -- $9.4 million (14,000 acres).

White River Navigation to Batesville, Arkansas -- 1,865 acres (no cost estimate included).

Sacramento River Bank Protection, California -- $1.4 million.

Port Canaveral Harbor, Florida -- $276,000.

Richard B. Russell Dam and Lake, Georgia and South Carolina -- $20.2 million.

Davenport, Iowa (Nahant Marsh) -- $517,000.

Obion Creek, Kentucky -- 6,000 to 9,000 acres; $4.9 million.

Harry S. Truman Dam and Reservoir, Missouri -- no more than 1,000 acres; $2.1 million.

Trimble Wildlife Area, Smithville Lake, Missouri -- $1.57 million.

Trinity River, Texas -- $10.4 million (10,000 acres).

Duluth-Superior Navigation Project, Minnesota and Wisconsin [section 201];

Locks and Dams 7 and 8 Replacement, Monongahela River, Pennsylvania [section 301];

Yakima-Union Gap Flood Control Project, Washington [section 401]; and

Souris River Basin (Lake Darling), North Dakota [section 1124].

In discussing section 406 of this Act on the floor of the Senate, Chairman Stafford said:

"Until now, mitigation for land turned over to water development projects came about on a hit-or-miss basis . . . For the first time, mitigation will have to go forward with the project requiring the mitigation, not afterward. This bill requires that the Corps develop mitigation plans for each and every project, or tell the American people why such work is not justified. . . In addition, this section establishes a new continuing authority, funded at $30 million a year. This authority will allow the Corps to go back and repair the fish and wildlife damage that its existing projects have produced."

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