Sec. 5001. Deauthorizations

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Subject to paragraph (2), the portions of the project for navigation, Valdez, Alaska, identified as Tract G, Harbor Subdivision, shall not be subject to navigation servitude beginning on the date of enactment of this Act. The Federal Government may enter on the property referred to in paragraph

(1)to carry out any required operation and maintenance of the general navigation features of the project described in paragraph (1). The portion of the project for flood protection on Red River Below Denison Dam, Arkansas, Louisiana and Texas, authorized by section 10 of the Flood Control Act of 1946 (60 Stat. 647, chapter 596), consisting of the portion of the West Agurs Levee that begins at lat. 32°32’50.86” N ., by long. 93°46’16.82” W., and ends at lat. 32° 31’22.79” N., by long. 93° 45’ 2.47” W., is no longer authorized beginning on the date of enactment of this Act. The separable element constituting the locally preferred plan increment reflected in the report of the Chief of Engineers dated March 12, 2014, and authorized for construction under section 7002(2)(8) of the Water Resources Reform and Development Act of 2014 ( Public Law 113–121 ; 128 Stat. 1366) is no longer authorized beginning on the date of enactment of this Act. The deauthorization under paragraph

(1)does not affect— the national economic development plan separable element reflected in the report of the Chief of Engineers dated March 12, 2014, and authorized for construction under section 7002(2)(8) of the Water Resources Reform and Development Act of 2014 ( Public Law 113–121 ; 128 Stat. 1366); or previous authorizations providing for the Sacramento River and major and minor tributaries project, including— section 2 of the Act of March 1, 1917 (39 Stat. 949; chapter 144); section 12 of the Act of December 22, 1944 (58 Stat. 900; chapter 665); section 204 of the Flood Control Act of 1950 (64 Stat. 177; chapter 188); and any other Acts relating to the authorization for the Sacramento River and major and minor tributaries project along the Feather River right bank between levee stationing 1483+33 and levee stationing 2368+00. The portion of the project for navigation, Stonington Harbor, Connecticut, authorized by the Act of May 23, 1828 (4 Stat. 288; chapter 73) that consists of the inner stone breakwater that begins at coordinates N. 682,146.42, E. 1231,378.69, running north 83.587 degrees west 166.79' to a point N. 682,165.05, E. 1,231,212.94, running north 69.209 degrees west 380.89' to a point N. 682,300.25, E. 1,230,856.86, is no longer authorized as a Federal project beginning on the date of enactment of this Act. The structure and land associated with Green River Lock and Dam 3 and deauthorized under section 6001(1) pursuant to the report of the Chief of Engineers relating to Green River Locks and Dams 3, 4, 5, and 6 and Barren River Lock and Dam 1, Kentucky, dated April 30, 2015 shall be transferred under this subsection, and the land shall no longer be a portion of the Green River project for navigation, built by the Commonwealth of Kentucky prior to 1886 and purchased and ceded to the Federal Government under the first section of the Act of August 11, 1888 (25 Stat. 416; chapter 860). Subject to this subsection, the Secretary shall convey to the Rochester Dam Regional Water Commission by quitclaim deed and without consideration, all right, title, and interest of the United States in 3 adjacent parcels of land situated on the Ohio County side of the Green River together with any improvements on the land. The 3 adjacent parcels of land to be conveyed under this subsection total approximately 6.72 acres of land in Ohio County, with all 3 parcels being associated with the deauthorized Green River Lock and Dam 3. The 3 parcels of land described in subparagraph

(A)may be used by the Rochester Dam Regional Water Commission in such a manner as to ensure a water supply for local communities. If the Secretary determines that the land conveyed under this subsection ceases to be owned by the public or is used for any purpose that is inconsistent with paragraph (3)(B), all right, title, and interest in and to the land shall revert, at the discretion of the Secretary, to the United States. If the Secretary determines that the Corps of Engineers will not oversee and conduct the removal of the lock and dam structure for Green River Lock and Dam 5 deauthorized under section 6001(1) pursuant to the report of the Chief of Engineers relating to Green River Locks and Dams 3, 4, 5, and 6 and Barren River Lock and Dam 1, Kentucky, dated April 30, 2015, the lock and dam structure and associated land shall be transferred through established General Services Administration procedures to another entity for the express purposes of— removing the structure from the river at the earliest feasible time; and making the land available for conservation and public recreation and river access in the future. On a transfer under paragraph (1), the land described in that paragraph shall no longer be a portion of the Green River project for navigation, authorized by the first section of the Act of July 13, 1892 (27 Stat. 105; chapter 158). The structure and land associated with Green River Lock and Dam 6 and deauthorized under section 6001(1) pursuant to the report of the Chief of Engineers relating to Green River Locks and Dams 3, 4, 5, and 6 and Barren River Lock and Dam 1, Kentucky, dated April 30, 2015, shall be transferred under this subsection and the land shall no longer be a portion of the Green River project for navigation, authorized by the first section of the Act of June 13, 1902 (32 Stat. 359; chapter 1079). Subject to this subsection, the Secretary shall transfer to the Department of Interior, Mammoth Cave National Park, by quitclaim deed and without consideration, all right, title, and interest of the United States in the 4.19 acre parcel of land situated on left descending bank (south side) of the Green River together with any improvements on the land. Subject to this subsection, the Secretary shall transfer to the Commonwealth of Kentucky, Department of Fish and Wildlife Resources, by quitclaim deed and without consideration, all right, title, and interest of the United States in the 18.0 acre parcel of land on the right descending bank (north side) of the river and the deauthorized lock and dam structure. The 2 parcels of land to be conveyed under this subsection, located on each side of the Green River and associated with the deauthorized Green River Lock and Dam 6 in Edmonson County, Kentucky, include— a parcel consisting of approximately 4.19 acres of land; and a parcel consisting of approximately 18.0 acres of land and the deauthorized lock and dam structure. The 4.19-acre parcel of land described in subparagraph (A)(i) shall be used for established purposes of Mammoth Cave National Park. The 18.0-acre parcel of land and deauthorized lock and dam structure described in subparagraph (A)(ii) may— be used for the purposes of removal of the deauthorized structures to restore natural river functions while providing green space and ecotourism development, including the provision of roads, parking, camping, and boat access; or if the Department of Fish and Wildlife Resources, Commonwealth of Kentucky, cannot fulfill the uses described in subclause (I), be transferred to county or local governments or private conservation entities for continued public green space utilization as described in subclause (I). If the Secretary determines that the land conveyed under this subsection ceases to be owned by the public or is used for any purpose that is inconsistent with paragraph (3)(B), all right, title, and interest in and to the land shall revert, at the discretion of the Secretary, to the United States. The structure and land associated with Barren River Lock and Dam 1 and deauthorized under section 6001(1) pursuant to the report of the Chief of Engineers relating to Green River Locks and Dams 3, 4, 5, and 6 and Barren River Lock and Dam 1, Kentucky, dated April 30, 2015, shall be conveyed under this subsection and the land shall no longer be a portion of the Barren River project for navigation, built by the Commonwealth of Kentucky prior to 1886 and purchased by and ceded to the Federal Government under the first section of the Act of August 11, 1888 (25 Stat. 416; chapter 860). Subject to this subsection, the Secretary shall convey to the Commonwealth of Kentucky, Department of Fish and Wildlife Resources, by quitclaim deed and without consideration, all right, title, and interest of the United States in 1 parcel of land situated on the right bank of the Barren River together with any improvements on the land. The parcel of land to be conveyed under this subsection includes approximately 16.63 acres of land, located on the right bank of the Barren River and associated with the deauthorized Barren River Lock and Dam 1 in Warren County, Kentucky. The parcel of land described in subparagraph

(A)may— be used by the Commonwealth of Kentucky for the purposes of removal of structures to restore natural river functions while providing green space and ecotourism development, including the provision of roads, parking, camping, and boat access; or if the Department of Fish and Wildlife Resources, Commonwealth of Kentucky, cannot fulfill the uses described in clause (i), be transferred to county or local governments or private conservation entities for continued public green space utilization as described in clause (i). If the Secretary determines that the land conveyed under this subsection ceases to be owned by the public or is used for any purpose that is inconsistent with paragraph (3)(B), all right, title, and interest in and to the land shall revert, at the discretion of the Secretary, to the United States. In this paragraph, the term flowage easement means the flowage easements identified as tracts 302E-1 and 304E-1 on the easement deeds recorded as instruments in Hood River County, Oregon, as follows: A flowage easement dated October 3, 1936, recorded December 1, 1936, book 25 at page 531 (records of Hood River County, Oregon), in favor of United States (302E-1-Perpetual Flowage Easement from October 5, 1937, October 5, 1936, and October 3, 1936) (previously acquired as tracts OH-36 and OH-41 and a portion of tract OH-47). A flowage easement recorded October 17, 1936, book 25 at page 476 (records of Hood River County, Oregon), in favor of the United States, that affects that portion below the 94-foot contour line above main sea level (304 E-1-Perpetual Flowage Easement from August 10, 1937 and October 3, 1936) (previously acquired as tract OH-42 and a portion of tract OH-47). With respect to the properties described in paragraph (2), beginning on the date of enactment of this Act, the flowage easements are terminated above elevation 82.4 feet (NGVD29), the ordinary high water mark. The properties described in this paragraph, as recorded in Hood River, County, Oregon, are as follows: Lots 3, 4, 5, and 7 of the Port of Cascade Locks Business Park subdivision, instrument #2014-00436. Parcels 1, 2, and 3 of Hood River County Partition plat No. 2008-25P. The United States shall not be liable for any injury caused by the termination of the easement under this subsection. Nothing in this subsection establishes any cultural or environmental regulation relating to the properties described in paragraph (2). Nothing in this subsection affects any remaining right or interest of the Corps of Engineers in the properties described in paragraph (2). Subject to paragraphs

(2)and (3), unless the Secretary determines, after consultation with local and regional public officials (including local and regional project planning organizations), that there are substantive objections, the following portions of the Delaware River, bounded by the former bulkhead and pierhead lines established by the Secretary of War and successors, are declared to be non-navigable waters of the United States: Piers 70 South through 38 South, encompassing an area bounded by the southern line of Moore Street extended to the northern line of Catherine Street extended, including the following piers: Piers 70, 68, 67, 64, 61-63, 60, 57, 55, 46, 48, 40, and 38. Piers 24 North through 72 North, encompassing an area bounded by the southern line of Callowhill Street extended to the northern line of East Fletcher Street extended, including the following piers: 24, 25, 27-35, 35.5, 36, 37, 38, 39, 49, 51-52, 53-57, 58-65, 66, 67, 69, 70-72, and Rivercenter. The Secretary shall make the determination under paragraph

(1)separately for each portion of the Delaware River described in subparagraphs

(A)and

(B)of paragraph (1), using reasonable discretion, by not later than 150 days after the date of submission of appropriate plans for that portion. Paragraph

(1)applies only to those parts of the areas described in that paragraph that are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina and recreation facilities. Any work described in subparagraph

(A)shall be subject to all applicable Federal law (including regulations), including— sections 9 and 10 of the Act of March 3, 1899 (commonly known as the River and Harbors Appropriation Act of 1899 ) ( 33 U.S.C. 401 , 403); section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ); and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). The project for flood control, environmental restoration, and recreation, Salt Creek, Graham, Texas, authorized by section 101(a)(30) of the Water Resources Development Act of 1999 ( Public Law 106–53 ; 113 Stat. 278-279), is no longer authorized as a Federal project beginning on the date of enactment of this Act. The non-Federal sponsor for the project described in paragraph

(1)shall hold and save the United States harmless from any claim that has arisen, or that may arise, in connection with the project. The Secretary is authorized to transfer any land acquired by the Federal Government for the project on behalf of the non-Federal sponsor that remains in Federal ownership on or after the date of enactment of this Act to the non-Federal sponsor. If the Secretary determines that the land that is integral to the project described in paragraph

(1)ceases to be owned by the public, all right, title, and interest in and to the land and improvements shall revert, at the discretion of the Secretary, to the United States.

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