I

106TH CONGRESS

1ST SESSION H. R. 728

To amend the Watershed Protection and Flood Prevention Act to authorize

the Secretary of Agriculture to provide cost share assistance for the

rehabilitation of structural measures constructed as part of water resource projects previously funded by the Secretary under such Act or

related laws.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 11, 1999

Mr. LUCAS of Oklahoma (for himself and Mr. WATKINS) introduced the following bill; which was referred to the Committee on Agriculture, and in

addition to the Committees on Resources, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Watershed Protection and Flood Prevention

Act to authorize the Secretary of Agriculture to provide

cost share assistance for the rehabilitation of structural

measures constructed as part of water resource projects

previously funded by the Secretary under such Act or

related laws.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘The Small Watershed

3 Rehabilitation Amendments of 1999’’.

4 SEC. 2. REHABILITATION OF WATER RESOURCE STRUC5 TURAL MEASURES CONSTRUCTED UNDER

6 CERTAIN DEPARTMENT OF AGRICULTURE

7 PROGRAMS.

8 The Watershed Protection and Flood Prevention Act

9 (16 U.S.C. 1001 et seq.) is amended by adding at the end

10 the following new section:

11 ‘‘SEC. 14. REHABILITATION OF STRUCTURAL MEASURES

12 NEAR, AT, OR PAST THEIR EVALUATED LIFE

13 EXPECTANCY.

14 ‘‘(a) DEFINITIONS.—For purposes of this section:

15 ‘‘(1) REHABILITATION.—The term ‘rehabilita16 tion’, with respect to a structural measure con17 structed as part of a covered water resource project,

18 means the completion of all work necessary to ex19 tend the service life of the structural measure and

20 meet applicable safety and performance standards.

21 This may include (A) protecting the integrity of the

22 structural measure, or prolonging the useful life of

23 the structural measure, beyond the original evalu24 ated life expectancy, (B) correcting damage to the

25 structural measure from a catastrophic event, (C)

26 correcting the deterioration of structural components
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1 that are deteriorating at an abnormal rate, or (D)

2 upgrading the structural measure to meet changed

3 land use conditions in the watershed served by the

4 structural measure or changed safety criteria appli5 cable to the structural measure.

6 ‘‘(2) COVERED WATER RESOURCE PROJECT.—

7 The term ‘covered water resource project’ means a

8 work of improvement carried out under any of the

9 following:

10 ‘‘(A) This Act.

11 ‘‘(B) Section 13 of the Act of December

12 22, 1944 (Public Law 78–534; 58 Stat. 905).

13 ‘‘(C) The pilot watershed program author14 ized under the heading ‘FLOOD PREVENTION’

15 of the Department of Agriculture Appropriation

16 Act, 1954 (Public Law 156; 67 Stat. 214).

17 ‘‘(D) Subtitle H of title XV of the Agri18 culture and Food Act of 1981 (16 U.S.C. 3451

19 et seq.; commonly known as the Resource Con20 servation and Development Program).

21 ‘‘(3) ELIGIBLE LOCAL ORGANIZATION.—The

22 term ‘eligible local organization’ means a local orga23 nization or appropriate State agency responsible for

24 the operation and maintenance of structural meas-
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1 ures constructed as part of a covered water resource

2 project.

3 ‘‘(4) STRUCTURAL MEASURE.—The term ‘struc4 tural measure’ means a physical improvement that

5 impounds water, commonly known as a dam, which

6 was constructed as part of a covered water resource

7 project.

8 ‘‘(b) COST SHARE ASSISTANCE FOR REHABILITA9 TION.—

10 ‘‘(1) ASSISTANCE AUTHORIZED.—The Secretary

11 may provide financial assistance to an eligible local

12 organization to cover a portion of the total costs in13 curred for the rehabilitation of structural measures

14 originally constructed as part of a covered water re15 source project. The total costs of rehabilitation in16 clude the costs associated with all components of the

17 rehabilitation project, including acquisition of land,

18 easements, and rights-of-ways, rehabilitation project

19 administration, the provision of technical assistance,

20 contracting, and construction costs, except that the

21 local organization shall be responsible for securing

22 all land, easements, or rights-of-ways necessary for

23 the project.

24 ‘‘(2) AMOUNT OF ASSISTANCE; LIMITATIONS.—

25 The amount of Federal funds that may be made
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1 available under this subsection to an eligible local

2 organization for construction of a particular rehabili3 tation project shall be equal to 65 percent of the

4 total rehabilitation costs, but not to exceed 100 per5 cent of actual construction costs incurred in the re6 habilitation. However, the local organization shall be

7 responsible for the costs of water, mineral, and other

8 resource rights and all Federal, State, and local per9 mits.

10 ‘‘(3) RELATION TO LAND USE AND DEVELOP11 MENT REGULATIONS.—As a condition on entering

12 into an agreement to provide financial assistance

13 under this subsection, the Secretary, working in con14 cert with the eligible local organization, may require

15 that proper zoning or other developmental regula16 tions are in place in the watershed in which the

17 structural measures to be rehabilitated under the

18 agreement are located so that—

19 ‘‘(A) the completed rehabilitation project is

20 not quickly rendered inadequate by additional

21 development; and

22 ‘‘(B) society can realize the full benefits of

23 the rehabilitation investment.

24 ‘‘(c) TECHNICAL ASSISTANCE FOR WATERSHED

25 PROJECT REHABILITATION.—The Secretary, acting
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1 through the Natural Resources Conservation Service, may

2 provide technical assistance in planning, designing, and

3 implementing rehabilitation projects should an eligible

4 local organization request such assistance. Such assistance

5 may consist of specialists in such fields as engineering,

6 geology, soils, agronomy, biology, hydraulics, hydrology,

7 economics, water quality, and contract administration.

8 ‘‘(d) PROHIBITED USE.—

9 ‘‘(1) PERFORMANCE OF OPERATION AND MAIN10 TENANCE.—Rehabilitation assistance provided under

11 this section may not be used to perform operation

12 and maintenance activities specified in the agree13 ment for the covered water resource project entered

14 into between the Secretary and the eligible local or15 ganization responsible for the works of improvement.

16 Such operation and maintenance activities shall re17 main the responsibility of the local organization, as

18 provided in the project work plan.

19 ‘‘(2) RENEGOTIATION.—Notwithstanding para20 graph (1), as part of the provision of financial as21 sistance under subsection (b), the Secretary may re22 negotiate the original agreement for the covered

23 water resource project entered into between the Sec24 retary and the eligible local organization regarding
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1 responsibility for the operation and maintenance of

2 the project when the rehabilitation is finished.

3 ‘‘(e) APPLICATION FOR REHABILITATION ASSIST4 ANCE.—An eligible local organization may apply to the

5 Secretary for technical and financial assistance under this

6 section if the application has also been submitted to and

7 approved by the State agency having supervisory respon8 sibility over the covered water resource project at issue

9 or, if there is no State agency having such responsibility,

10 by the Governor of the State. The Secretary shall request

11 the State dam safety officer (or equivalent State official)

12 to be involved in the application process if State permits

13 or approvals are required. The rehabilitation of structural

14 measures shall meet standards established by the Sec15 retary and address other dam safety issues. At the request

16 of the eligible local organization, personnel of the Natural

17 Resources Conservation Service of the Department of Ag18 riculture may assist in preparing applications for assist19 ance.

20 ‘‘(f) JUSTIFICATION FOR REHABILITATION ASSIST21 ANCE.—In order to qualify for technical or financial as22 sistance under this authority, the Secretary shall require

23 the rehabilitation project to be performed in the most cost24 effective manner that accomplishes the rehabilitation ob25 jective. Since the requirements for accomplishing the reha-
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1 bilitation are generally for public health and safety rea2 sons, in many instances being mandated by other State

3 or Federal laws, no benefit-cost analysis will be conducted

4 and no benefit-cost ratio greater than one will be required.

5 The benefits of and the requirements for the rehabilitation

6 project shall be documented to ensure the wise and respon7 sible use of Federal funds.

8 ‘‘(g) RANKING OF REQUESTS FOR REHABILITATION

9 ASSISTANCE.—The Secretary shall establish such system

10 of approving rehabilitation requests, recognizing that such

11 requests will be received throughout the fiscal year and

12 subject to the availability of funds to carry out this sec13 tion, as is necessary for proper administration by the De14 partment of Agriculture and equitable for all eligible local

15 organizations. The approval process shall be in writing,

16 and made known to all eligible local organizations and ap17 propriate State agencies.

18 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated to the Secretary

20 $60,000,000 for each of the fiscal years 2000 through

21 2009 to provide financial and technical assistance under

22 this section.

23 ‘‘(i) ASSESSMENT OF REHABILITATION NEEDS.—Of

24 the amount appropriated pursuant to subsection (h) for

25 fiscal years 2000 and 2001, $5,000,000 shall be used by
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1 the Secretary, in concert with the responsible State agen2 cies, to conduct an assessment of the rehabilitation needs

3 of covered water resource projects in all States in which

4 such projects are located.

5 ‘‘(j) RECORDKEEPING AND REPORTS.—

6 ‘‘(1) SECRETARY.—The Secretary shall main7 tain a data base to track the benefits derived from

8 rehabilitation projects supported under this section

9 and the expenditures made under this section. On

10 the basis of such data and the reports submitted

11 under paragraph (2), the Secretary shall prepare

12 and submit to Congress an annual report providing

13 the status of activities conducted under this section.

14 ‘‘(2) GRANT RECIPIENTS.—Not later than 90

15 days after the completion of a specific rehabilitation

16 project for which assistance is provided under this

17 section, the eligible local organization that received

18 the assistance shall make a report to the Secretary

19 giving the status of any rehabilitation effort under20 taken using financial assistance provided under this

21 section.’’.

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