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) Buy» AND SITCOM WATERWAYS, WASHINGTON.—The undesig-
nated paragraph of section 202(aji of the Water Resources Develop-
ment Act of 1986 under the heading "BLAIR AND SITCUM WATERWAYS,
TACOMA HAKBQR, WASHINGTON" (100 Stat 4096) is amended by strik-
ing out "$38,200,000" and all that follows through "$12,000,000;"
and inserting in lieu thereof "$51,000,000;".

(t) WYNOOCHES LAKE, WASHINGTON.—

(1) IN GENERAL.—To demonstrate the feasibility of non-Fed-
eral 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 Mood Control Act of 1962 (76 Stat 1193), is
modified to authorize the Secretary to permit the city of Ab-
erdeen, Washington, to operate, maintain, repair, and rehabili-
tate the project (hereinafter in this subsection referred to as
"OMR&Ir) after September 30,1988.

(2) LIMITATIONS ON OMR&R.—OMR&R by the city of Aberdeen
shall be—

(A) subject to such terms and conditions as the Secretary Regulations,
shall establish by regulation 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 regulations, the Secretary shall evaluate the
effect of such regulations 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 States, 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 negligence of the
United States or its contractors.

(O 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 city 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

Real prop*
Gifts and
property.

irty.