II

106TH CONGRESS

2D SESSION S. 2724

To direct the Secretary of the Army to carry out an assessment of State,

municipal, and private dams in the State of Vermont and to make

appropriate modifications to the dams.

IN THE SENATE OF THE UNITED STATES

JUNE 13, 2000

Mr. JEFFORDS introduced the following bill; which was read twice and

referred to the Committee on Environment and Public Works

A BILL

To direct the Secretary of the Army to carry out an assessment of State, municipal, and private dams in the State

of Vermont and to make appropriate modifications to

the dams.

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

3 SECTION 1. VERMONT DAM REMEDIATION AND RESTORA4 TION PROGRAM.

5 (a) ASSESSMENT.—

6 (1) IN GENERAL.—In consultation with the Di7 rector of the Federal Emergency Management Agen8 cy and the State of Vermont, the Secretary of the
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1 Army shall carry out an assessment of State, munic2 ipal, and private dams in the State of Vermont—

3 (A) to determine whether the dams and re4 lated structures continue to serve their intended

5 purposes;

6 (B) to evaluate the condition of the dams;

7 (C) to identify any repairs and improve8 ments required to address structural defi9 ciencies in the dams;

10 (D) to identify dams the condition of which

11 warrants removal of the dams; and

12 (E) to evaluate the need for modifications

13 to the dams for the purpose of environmental

14 enhancement, including the need to modify or

15 remove existing structures or to construct addi16 tional structures to provide for fish passage.

17 (2) PRIORITY DAMS.—The State of Vermont

18 shall be responsible for determining which dams

19 have priority for assessment under paragraph (1).

20 (b) MODIFICATIONS TO DAMS.—

21 (1) RECOMMENDED MEASURES.—After comple22 tion of the assessment under subsection (a), the Sec23 retary, in cooperation with appropriate non-Federal

24 interests, shall implement the recommendations de25 veloped under the assessment, including rec-
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1 ommendations for modifications to the dams evalu2 ated under the assessment.

3 (2) EMERGENCY MEASURES.—Pending comple4 tion of the assessment under subsection (a), the Sec5 retary shall plan and implement necessary modifica6 tions to such dams described in subsection (a)(1) as

7 are identified by the Secretary as high or significant

8 hazard dams that pose an imminent threat to life

9 and property in order to address the hazards posed

10 by the dams.

11 (c) COST SHARING.—

12 (1) IN GENERAL.—The non-Federal interests

13 shall pay—

14 (A) 25 percent of the costs of the assess15 ment under subsection (a); and

16 (B) 25 percent of the costs of modifica17 tions to dams under subsection (b).

18 (2) CONTRIBUTIONS BY NON-FEDERAL INTER19 ESTS.—The non-Federal interests shall—

20 (A) provide all land, easements, and rights21 of-way required to carry out modifications to

22 dams under subsection (b); and

23 (B) be responsible for all costs associated

24 with operation, maintenance, replacement, and

25 rehabilitation of the modifications to the dams.
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1 (3) CREDITS.—

2 (A) ASSESSMENT.—The non-Federal inter3 ests may receive credit toward the non-Federal

4 share required under paragraph (1)(A) for the

5 reasonable costs of in-kind services performed

6 and materials provided by the non-Federal in7 terests in connection with the assessment under

8 subsection (a).

9 (B) MODIFICATIONS TO DAMS.—

10 (i) IN GENERAL.—Subject to clause

11 (ii), the non-Federal interests shall receive

12 credit toward the non-Federal share re13 quired under paragraph (1)(B) for—

14 (I) the value of land, easements,

15 and rights-of-way provided under

16 paragraph (2)(A); and

17 (II) the costs of in-kind services

18 performed and materials provided by

19 the non-Federal interests in connec20 tion with modifications to dams under

21 subsection (b).

22 (ii) MAXIMUM AMOUNT OF CREDIT.—

23 Credit under clause (i) shall not exceed an

24 amount equal to 25 percent of the costs of
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1 modifications to dams under subsection

2 (b).

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