II

Calendar No. 771

106TH CONGRESS

2D SESSION H. R. 728

IN THE SENATE OF THE UNITED STATES

JULY 18, 2000

Received

JULY 27, 2000

Read the first time

SEPTEMBER 5, 2000

Read the second time and placed on the calendar

AN ACT

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, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Small Watershed Re5 habilitation Amendments of 2000’’.

6 TITLE I—DAM REHABILITATION

7 SEC. 101. REHABILITATION OF WATER RESOURCE STRUC8 TURAL MEASURES CONSTRUCTED UNDER

9 CERTAIN DEPARTMENT OF AGRICULTURE

10 PROGRAMS.

11 The Watershed Protection and Flood Prevention Act

12 (16 U.S.C. 1001 et seq.) is amended by adding at the end

13 the following new section:

14 ‘‘SEC. 14. REHABILITATION OF STRUCTURAL MEASURES

15 NEAR, AT, OR PAST THEIR EVALUATED LIFE

16 EXPECTANCY.

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

18 ‘‘(1) REHABILITATION.—The term ‘rehabilita19 tion’, with respect to a structural measure con20 structed as part of a covered water resource project,

21 means the completion of all work necessary to ex22 tend the service life of the structural measure and

23 meet applicable safety and performance standards.

24 This may include: (A) protecting the integrity of the

25 structural measure or prolonging the useful life of
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1 the structural measure beyond the original evaluated

2 life expectancy; (B) correcting damage to the struc3 tural measure from a catastrophic event; (C) cor4 recting the deterioration of structural components

5 that are deteriorating at an abnormal rate; (D) up6 grading the structural measure to meet changed

7 land use conditions in the watershed served by the

8 structural measure or changed safety criteria appli9 cable to the structural measure; or (E) decommis10 sioning the structure, if requested by the local orga11 nization.

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

13 The term ‘covered water resource project’ means a

14 work of improvement carried out under any of the

15 following:

16 ‘‘(A) This Act.

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

18 22, 1944 (Public Law 78–534; 58 Stat. 905).

19 ‘‘(C) The pilot watershed program author20 ized under the heading ‘FLOOD PREVENTION’

21 of the Department of Agriculture Appropriation

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

23 ‘‘(D) Subtitle H of title XV of the Agri24 culture and Food Act of 1981 (16 U.S.C. 3451
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1 et seq.; commonly known as the Resource Con2 servation and Development Program).

3 ‘‘(3) 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, including the impoundment area and flood

8 pool.

9 ‘‘(b) COST SHARE ASSISTANCE FOR REHABILITA10 TION.—

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

12 may provide financial assistance to a local organiza13 tion to cover a portion of the total costs incurred for

14 the rehabilitation of structural measures originally

15 constructed as part of a covered water resource

16 project. The total costs of rehabilitation include the

17 costs associated with all components of the rehabili18 tation project, including acquisition of land, ease19 ments, and rights-of-ways, rehabilitation project ad20 ministration, the provision of technical assistance,

21 contracting, and construction costs, except that the

22 local organization shall be responsible for securing

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

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

2 The amount of Federal funds that may be made

3 available under this subsection to a local organiza4 tion for construction of a particular rehabilitation

5 project shall be equal to 65 percent of the total re6 habilitation costs, but not to exceed 100 percent of

7 actual construction costs incurred in the rehabilita8 tion. However, the local organization shall be respon9 sible for the costs of water, mineral, and other re10 source rights and all Federal, State, and local per11 mits.

12 ‘‘(3) RELATION TO LAND USE AND DEVELOP13 MENT REGULATIONS.—As a condition on entering

14 into an agreement to provide financial assistance

15 under this subsection, the Secretary, working in con16 cert with the affected unit or units of general pur17 pose local government, may require that proper zon18 ing or other developmental regulations are in place

19 in the watershed in which the structural measures to

20 be rehabilitated under the agreement are located so

21 that—

22 ‘‘(A) the completed rehabilitation project is

23 not quickly rendered inadequate by additional

24 development; and
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1 ‘‘(B) society can realize the full benefits of

2 the rehabilitation investment.

3 ‘‘(c) TECHNICAL ASSISTANCE FOR WATERSHED

4 PROJECT REHABILITATION.—The Secretary, acting

5 through the Natural Resources Conservation Service, may

6 provide technical assistance in planning, designing, and

7 implementing rehabilitation projects should a local organi8 zation request such assistance. Such assistance may con9 sist of specialists in such fields as engineering, geology,

10 soils, agronomy, biology, hydraulics, hydrology, economics,

11 water quality, and contract administration.

12 ‘‘(d) PROHIBITED USE.—

13 ‘‘(1) PERFORMANCE OF OPERATION AND MAIN14 TENANCE.—Rehabilitation assistance provided under

15 this section may not be used to perform operation

16 and maintenance activities specified in the agree17 ment for the covered water resource project entered

18 into between the Secretary and the local organiza19 tion responsible for the works of improvement. Such

20 operation and maintenance activities shall remain

21 the responsibility of the local organization, as pro22 vided in the project work plan.

23 ‘‘(2) RENEGOTIATION.—Notwithstanding para24 graph (1), as part of the provision of financial as25 sistance under subsection (b), the Secretary may re-
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1 negotiate the original agreement for the covered

2 water resource project entered into between the Sec3 retary and the local organization regarding responsi4 bility for the operation and maintenance of the

5 project when the rehabilitation is finished.

6 ‘‘(e) APPLICATION FOR REHABILITATION ASSIST7 ANCE.—A local organization may apply to the Secretary

8 for technical and financial assistance under this section

9 if the application has also been submitted to and approved

10 by the State agency having supervisory responsibility over

11 the covered water resource project at issue or, if there is

12 no State agency having such responsibility, by the Gov13 ernor of the State. The Secretary shall request the State

14 dam safety officer (or equivalent State official) to be in15 volved in the application process if State permits or ap16 provals are required. The rehabilitation of structural

17 measures shall meet standards established by the Sec18 retary and address other dam safety issues. At the request

19 of the local organization, personnel of the Natural Re20 sources Conservation Service of the Department of Agri21 culture may assist in preparing applications for assistance.

22 ‘‘(f) RANKING OF REQUESTS FOR REHABILITATION

23 ASSISTANCE.—The Secretary shall establish such system

24 of approving rehabilitation requests, recognizing that such

25 requests will be received throughout the fiscal year and
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1 subject to the availability of funds to carry out this sec2 tion, as is necessary for proper administration by the De3 partment of Agriculture and equitable for all local organi4 zations. The approval process shall be in writing, and

5 made known to all local organizations and appropriate

6 State agencies.

7 ‘‘(g) PROHIBITION ON CERTAIN REHABILITATION

8 ASSISTANCE.—The Secretary may not approve a rehabili9 tation request if the need for rehabilitation of the struc10 ture is the result of a lack of adequate maintenance by

11 the party responsible for the maintenance.

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

13 is authorized to be appropriated to the Secretary to pro14 vide financial and technical assistance under this

15 section—

16 ‘‘(1) $5,000,000 for fiscal year 2001;

17 ‘‘(2) $10,000,000 for fiscal year 2002;

18 ‘‘(3) $15,000,000 for fiscal year 2003;

19 ‘‘(4) $25,000,000 for fiscal year 2004; and

20 ‘‘(5) $35,000,000 for fiscal year 2005.

21 ‘‘(i) ASSESSMENT OF REHABILITATION NEEDS.—

22 The Secretary, in concert with the responsible State agen23 cies, shall conduct an assessment of the rehabilitation

24 needs of covered water resource projects in all States in

25 which such projects are located.
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1 ‘‘(j) RECORDKEEPING AND REPORTS.—

2 ‘‘(1) SECRETARY.—The Secretary shall main3 tain a data base to track the benefits derived from

4 rehabilitation projects supported under this section

5 and the expenditures made under this section. On

6 the basis of such data and the reports submitted

7 under paragraph (2), the Secretary shall prepare

8 and submit to Congress an annual report providing

9 the status of activities conducted under this section.

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

11 days after the completion of a specific rehabilitation

12 project for which assistance is provided under this

13 section, the local organization that received the as14 sistance shall make a report to the Secretary giving

15 the status of any rehabilitation effort undertaken

16 using financial assistance provided under this sec17 tion.’’.

18 TITLE II—DAM SAFETY

19 SEC. 201. DAM SAFETY.

20 (a) INVENTORY AND ASSESSMENT OF OTHER

21 DAMS.—

22 (1) INVENTORY.—The Secretary of the Army

23 (in this section referred to as the ‘‘Secretary’’) shall

24 establish an inventory of dams constructed by and

25 using funds made available through the Works
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1 Progress Administration, the Works Projects Admin2 istration, and the Civilian Conservation Corps.

3 (2) ASSESSMENT OF REHABILITATION

4 NEEDS.—In establishing the inventory required

5 under paragraph (1), the Secretary shall also assess

6 the condition of the dams on such inventory and the

7 need for rehabilitation or modification of the dams.

8 (b) REPORT TO CONGRESS.—Not later than 2 years

9 after the date of the enactment of this Act, the Secretary

10 shall transmit to Congress a report containing the inven11 tory and assessment required by this section.

12 (c) INTERIM ACTIONS.—

13 (1) IN GENERAL.—If the Secretary determines

14 that a dam referred to in subsection (a) presents an

15 imminent and substantial risk to public safety, the

16 Secretary is authorized to carry out measures to pre17 vent or mitigate against such risk.

18 (2) EXCLUSION.—The assistance authorized in

19 paragraph (1) shall not be available to dams under

20 the jurisdiction of the Department of the Interior.

21 (3) FEDERAL SHARE.—The Federal share of

22 the cost of assistance provided under this subsection

23 shall be 65 percent of such cost.

24 (4) AUTHORIZATION OF APPROPRIATIONS.—

25 There is authorized to be appropriated to carry out
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1 this section a total of $25,000,000 for fiscal years

2 beginning after September 30, 1999, of which not

3 more than $5,000,000 may be expended on any one

4 dam.

5 (d) COORDINATION.—In carrying out this section, the

6 Secretary shall coordinate with the appropriate State dam

7 safety officials and the Director of the Federal Emergency

8 Management Agency.

Passed the House of Representatives July 17, 2000.

Attest: JEFF TRANDAHL,

Clerk.
Calendar No. 771

106TH CONGRESS

2D SESSION H. R. 728

AN ACT

To amend the Watershed Protection and Flood

Prevention Act to authorize the Secretary of Agriculture to provide cost share assistance for therehabilitation of structural measures constructedas part of water resource projects previouslyfunded by the Secretary under such Act or related laws, and for other purposes.

SEPTEMBER 5, 2000

Read the second time and placed on the calendar