II

103D CONGRESS

1ST SESSION H. R. 3583

IN THE SENATE OF THE UNITED STATES

NOVEMBER 23, 1993

Received; read twice and referred to the Committee on Environment and

Public Works

AN ACT

To make certain non-Federal levees eligible for assistance

under the Federal levee rehabilitation program, and for

other purposes.

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

3 SECTION 1. ELIGIBILITY OF CERTAIN NON-FEDERAL LEV4 EES.

5 (a) ELIGIBILITY.—Notwithstanding any other provi6 sion of law (including any regulation), the eligibility to re7 ceive assistance under the levee rehabilitation program of

8 a public sponsor of a primary levee located in the area

9 that was affected by major, widespread flooding in the

10 Midwest during 1993 shall not be affected by the status
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1 of participation (or the lack of participation) of the public

2 sponsor in the program.

3 (b) APPLICATION.—A public sponsor of a levee who

4 is eligible to receive assistance under the levee rehabilita5 tion program as a result of subsection (a) shall submit

6 an application to participate in the program not later than

7 September 30, 1994.

8 (c) CONDITIONS.—Subject to the availability of

9 funds, assistance may be provided under the levee rehabili10 tation program to a public sponsor of a levee which is eligi11 ble to receive assistance under the levee rehabilitation pro12 gram as a result of subsection (a) only if—

13 (1) the public sponsor demonstrates sufficient

14 financial capability to comply with the requirements

15 of this section;

16 (2) the levee otherwise meets the requirements

17 of the levee rehabilitation program for operation,

18 maintenance, and design;

19 (3) the benefits derived from repair or recon20 struction of the levee exceed the costs thereof; and

21 (4) the public sponsor enters into a written

22 agreement acknowledging that any future assistance

23 under the levee rehabilitation program will be condi24 tioned upon the public sponsor’s continued participa25 tion in the program.
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1 (d) NON-FEDERAL SHARE.—The non-Federal share

2 of a levee rehabilitation project for which assistance is

3 made available as a result of this section shall be—

4 (1) to provide all lands, easements, rights-of5 way, and dredged material disposal areas necessary

6 for the project; and

7 (2) to provide 25 percent of the costs of con8 struction of the project of which 5 percent of such

9 costs shall be paid in cash (or a cash equivalent)

10 from non-Federal sources.

11 (e) LIMITATION ON FUNDING.—Of the amounts

12 made available to the Secretary of the Army to provide

13 assistance under the levee rehabilitation program for fiscal

14 year 1994, not more than $50,000,000 may be used to

15 provide assistance to public sponsors who become eligible

16 to receive assistance under the program as a result of this

17 section.

18 SEC. 2. LEVEE REHABILITATION PROGRAM DEFINED.

19 In this Act, the term ‘‘levee rehabilitation program’’

20 means the levee rehabilitation assistance program of the

21 Army Corps of Engineers carried out under section

22 5(a)(1) of the Act entitled ‘‘An Act authorizing construc23 tion of certain public works on rivers and harbors for flood
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1 control, and for other purposes’’, approved August 18,

2 1941 (33 U.S.C. 701n(a)(1)).

Passed the House of Representatives November 23

(legislative day, November 22), 1993.

Attest: DONNALD K. ANDERSON,

Clerk.