Page:United States Statutes at Large Volume 102 Part 4.djvu/1051

 PUBLIC LAW 100-676—NOV. 17, 1988

102 STAT. 4021

modified to authorize the Secretary to study the feasibility of constructing an inflatable dam on the Susquehanna River in the vicinity of Wilkes Barre, Pennsylvania. (s) BLAIR AND SITCUM WATBEWAYS, WASHiNGTON.The undesignated paragraph of section 202(a!( of the Water Resources Development Act of 1986 under the heading "BLAIR AND SITCUM WATERWAYS, TAOOMA HARBOR, WASHINGTON" (100 Stat. 40%) is amended by striking out "$38,200,000" and all that follows through "$12,000,000;" and inserting in lieu thereof "$51,000,000;". (t) WYNOOCHBE LAKE, WASHINGTON.—

(1) IN GENERAL.—To demonstrate the feasibility of non-Federal operation, maintenance, repair, and rehabilitation of a Federal multi-purpose water resources project, the project for Wynoochee Lake, Wynoochee River, Washington, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1193), is modified to authorize the Secretary to permit the city of Aberdeen, Washington, to operate, maintain, repair, and rehabilitate the project (hereinafter in this subsection referred to as "OMR&R^') after September 30, 1988. (2) LmcrrATiONS ON OMR&R.—OMR&R by the city of Aberdeen shall be— (A) subject to such terms and conditions as the Secretary shall establish by r^ulation to ensure that OMR&R is consistent with the project's authorized purposes, including fish and wildlife mitigation; and (B) consistent with the long-term value and viability of the project's physical facilities. In issuing such r^ulations, the Secretary shall evaluate the effect of such r^ulations on the project costs payable by the city. (3) CONDITIONS.—OMR&R by the city of Aberdeen under this subsection shall be subject to the following conditions: (A) Title to real and personal property of the project shall remain in the United Stirtes, and the city shall not impair such title. (B) The city shall hold and save the United States free from any damages which result from OMR&R by the city, except for damages due to the fault or n^ligence of the United States or its contractors. (C) Upon due cause as determined by the Secretary and after notice to the city, the Secretary may resume OMR&R and the city shall be responsible to pay the percentage of the OMR&R costs of the project incurred thereafter and related to water supply storage as described in the original project contract. (D) The Secretary shall modify the project contract to forgive future OMR&R payment obligations of the c i ^ to the extent that the city is performing project OMR&R in accordance with this subsection and the regulations issued under this subsection. (E) The Secretary shall transfer to the city responsibility for OMR&R of the project in a safe and cost-effective manner. (4) REPORT TO CONGRESS.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the

Regulations.

Real property. Gifts and property.

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