Page:United States Statutes at Large Volume 84 Part 2.djvu/491

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[84 STAT. 1821]
PUBLIC LAW 91-000—MMMM. DD, 1970
[84 STAT. 1821]

84 STAT. ]

PUBLIC LAW 91-611-DEC. 31, 1970

1821

(b) Prior to initiation of measures authorized by this section, such non-Federal public interests as the Secretary of the Army, acting through the Chief of Engineers, may require shall agree to such conditions of cooperation as the Secretary of the Army, acting through the Chief of Engineers, determines appropriate, except that such conditions shall be similar to those required for similar project purposes in other Federal water resources projects. SEC. 109. (f) Section 110 of the River and Harbor Act of 1958 (72 ^11^^^°^^ Tcanai Stat. 297) is amended to read as follows: addiAonT/'fund"! ' "(f) There is hereby authorized to be appropriated the sum of 76stat. 1179. $2,000,000 to carry out the provisions of this section and, upon completion of transfer to the State of Illinois of all right, title, and interest of the United States in and to the canal, an additional sum of $6,528,000 to be expended for the repair, modification, and maintenance of bridges, title transfer, modification or rehabilitation of hydraulic structures, fencing, clearing auxiliary ditches, and for the repair and modification of other canal property appurtenances, notwithstanding subsection (b) of this section." SEC. 110. The project for the Trinity River and tributaries, Texas, Trinity River authorized in section 301 of the River and Harbor Act of 1965 (79 T'^X." "^"^^" Stat. 1073) is hereby modified to provide that not to exceed $75,000 of the costs incurred in 1968 and 1969 by the Trinity River Authority of Texas for aerial photography and mosaic preparation furnished to and accepted by the Secretary of the Army, acting through the Chief of Engineers, shall be credited as a part of the local contribution required of such authority for such project. SEC. 111. In all cases where real property shall be taken by the United ^^^^ property, States for the public use in connection wnth any improvement of '^°'"P®"^^ ^°"* rivers, harbors, canals, or waterways of the United States, and in all condemnation proceedings by the United States to acquire lands or easements for such improvements, the compensation to be paid for real property taken by the United States above the normal high water mark of navigable waters of the United States shall be the fair market value of such real property based upon all uses to which such real property may reasonably be put, including its highest and best use, any of which uses may be dependent upon access to or utilization of such navigable waters. In cases of partial takings of real property. Restriction. no depreciation in the value of any remaining real property shall be recognized and no compensation shall be paid for any damages to such remaining real property which resvilt from loss of or reduction of access from such remaining real property to such navigable waters because of the taking of real property or the purposes for which such real property is taken. The compensation defined herein shall apply t-o all acquisitions of real property after the date of enactment of this Act, and to the determination of just compensation in any condemnation suit pending on the date of enactment hereof. SEC. 112. (a) Subsection (a) of section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) is amended by striking out "$10,000,000 79 Stat. 1095. and inserting in lieu thereof "$25,000,000". Subsection (b) of such section 107 is amended by striking out "$500,000" and inserting in lieu thereof "$1,000,000". (b) Section 3 of the Act entitled "An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property", approved August 13, 1946, as amended (33 U.S.C. 426g), IS amended (1) by striking out "$10,000,000" and inserting in lieu thereof "$25,000,000", and (2) by striking out "$500,000" and inserting in lieu thereof "$1,000,000". (c) The amendments made by this section shall not apply to any project under contract for construction on the date of enactment of this Act.