Page:United States Statutes at Large Volume 84 Part 2.djvu/493

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[84 STAT. 1823]
PUBLIC LAW 91-000—MMMM. DD, 1970
[84 STAT. 1823]

84 STAT. ]

PUBLIC LAW 91-611-DEC. 31, 1970

1823

SEC. 120. Paragraph (1) of subsection (p) of section 11 of the Federal Water Pollution Control Act, as amended, is amended by inserting ^"'®' P* ^'• after the word "size", in the first sentence thereof, a new clause as follows: "but not including any barge that is not self-propelled and that does not c a r i r oil as cargo or fuel," SEC. 121. The Secretary of the Army, acting through the Chief of AiiskarinvVstigaEngineera, in cooperation with the Secretary of Housing and Urban tion. Development shall investigate the T^-K Street slide area in Anchorage, Alaska, with a view of determining the practicability and the feasibility of corrective measures that would permit federal mortgage insurance under the National Housing Act for homes and multifamily \l ^gj.* l^^f' structures in the area and shall report thereon to the Congress. and note. SEC. 122. Not later than July 1, 1972, the Secretary of the Army, ^^^P°'^ '° conacting through the Chief of Engineers, after consultation with appro- ^^^^' priate Federal and State officials, shall submit to Congress, and not ronmlnui e«ec'ts, later than ninety days after submission, promulgate guidelines report to congress, designed to assure that possible adverse economic, social and environmental effects relating to any proposed project have been fully considered in developing such project, and that the final decisions on the project are made in the best over all public interest, taking into consideration the need for flood control, navigation and associated purposes, and the cost of eliminating or minimizing such adverse affects and the following: (1) Air, noise, and water pollution; (2) destruction or disruption of man-made and natural resources, esthetic values, community cohesion and the availability of public facilities and services; (3) adverse employment effects and tax and property value losses; (4) injurious displacement of people, businesses, and farms; and (5) disruption of desirable community and regional growth. Such guidelines shall apply to all projects authorized in this Act and proposed projects after the issuance of such guidelines. SEC. 123. (a) The Secretary of the A m y, acting through the Chief dispo"sal7alnm"s. of Engineers, is authorized to construct,, operate,, and maintain, subject to the provisions of subsection (c), contained spoil disposal facilities of sufficient capacity for a period not to exceed ten years, to meet the requirements of this section. Before establishing each such facility, the Secretary of the Army shall obtain the concurrence of appropriate local governments and shall consider the views and recommendations of the Administrator of the Environmental Protection Agency and shall comply with requirements of section 21 of the Federal Water Pollution Control A.ct, and of the National Environ- ^"^^' p. 107. mental Policy Act of 1969. Section 9 of the River and Harbor Act of ^^ ^*|^- ^^^^ ^^^ 1899 shall not apply to any facility authorized by this section. note. (b) The Secretary of the Army, acting through the Chief of Engi- 3° Stat. n s i. neers, shall establish the contained spoil disposal facilities authorized '^° * in subsection (a) at the earliest practicable date, taking into consideration the views and recommendations of the Administrator of the Environmental Protection Agency as to those areas which, in the Administrator's judgment, are most urgently in need of such facilities and pursuant to the requirements of the National Environmental Policy Act of 1969 and the Federal Water Pollution Control Act. (c) Prior to construction of any such facility, the appropriate State or States, interstate agency, municipality, or other appropriate political subdivision of the State shall agree in writing to (1) furnish all lands, easements, and rights-of-way necessary for the construction, operation, and maintenance of the facility; (2) contribute to the United States 25 per centum of the construction costs, such amount