Page:United States Statutes at Large Volume 100 Part 5.djvu/667

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4141

(3) the design, construction, and operation of the reregulation project will facilitate and be compatible with downstream recreation, fisheries, and fisheries management and will include such measures as may be necessary to mitigate adverse effects of the project on turbidity, water temperature, and other water quality parameters, and water flow regimes; (4) the project analysis evaluated the impact of the reregulation dam on— (A) instream flows below the proposed dam for the current situation and proposed dam operation plans, under 'j various hydrologic conditions and several demand rates; r (B) recreational use within the Chattahoochee River NaP tional Recreation Area, within the river corridor, and on the river itself; and (C) economic issues. Before construction of the reregulation dam is initiated, a generax design memorandum and a supplemental environmental impact statement based on the continued planning and engineering studies shall be prepared and jointly approved by the Secretary and the Governor of Georgia. The authorization, design, construction, and operation of the reregulation dam by the Secretary or any other Federal or State body or agency must be in compliance with all applicable existing laws and with this paragraph without waiver of any conditions, requirements, or provisions contained therein. The reregulation dam may be constructed by the State of Georgia or its subdivisions at local cost.

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DAVENPORT, IOWA (NAHANT MARSH)

The Davenport, Iowa Local Protection Project—Fish and Wildlife Mitigation Plan: Report of the Chief of Engineers, dated July 9, 1979, House Document Numbered 97-218, at a total cost of $517,000, with an estimated first Federal cost of $388,000 and an estimated first non-Federal cost of $129,000. r

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OBION CREEK, KENTUCKY

The project for mitigation of fish and wildlife losses. West Ken- Fish and fishing, tucky Tributaries Project, Obion Creek, Kentucky: Report of the Wildlife. Chief of Engineers, dated September 16, 1980, at a total cost of $4,900,000, with an estimated first Federal cost of $4,000,000 and an estimated first non-Federal cost of $900,000, except that (1) the Secretary, in consultation with the United States Fish and Wildlife Service, shall acquire and preserve not less than 6,000 nor more than 9,000 acres of woodland for mitigation of project-induced woodland and wetland habitat losses, and (2) the land for mitigation of damages to fish and wildlife shall be acquired as soon as possible from available funds, including the Environmental Protection and Mitigation Fund established by section 908 of this Act. Nothing in this paragraph affects the authority of the Secretary to carry out a project under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), in lieu of the West Kentucky Tributaries Project, Obion Creek.

If such a project is carried out under section 205, the Secretary need

only implement measures to mitigate fish and wildlife damages which are attributable to the project undertaken under section 205.