II

103D CONGRESS

2D SESSION S. 1813

To make additional funds available to repair damage from the Midwest

floods of 1993 through the wetlands reserve program, to make certain

non-Federal levees are eligible for assistance under the Federal levee

rehabilitation program, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 1 (legislative day, JANUARY 25), 1994

Mr. BOND (for himself and Mrs. KASSEBAUM) introduced the following bill;

which was read twice and referred to the Committee on Environment and

Public Works

A BILL

To make additional funds available to repair damage from

the Midwest floods of 1993 through the wetlands reserve

program, to make certain non-Federal levees are 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. SHORT TITLE.

4 This Act may be cited as the ‘‘River Bottom Lands

5 Revitalization Act’’.
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1 SEC. 2. FLOOD DAMAGE REPAIR THROUGH WETLANDS RE2 SERVE PROGRAM.

3 There are appropriated, out of any money in the

4 Treasury not otherwise appropriated, for fiscal year 1994,

5 for an additional amount to repair damage from the Mid6 west floods of 1993, $50,000,000, to remain available

7 until expended to carry out the wetlands reserve program

8 established under subchapter C of chapter 1 of subtitle

9 D of title XII of the Food Security Act of 1985 (16 U.S.C.

10 3837 et seq.), all of which shall be available to accept bids

11 from willing sellers to enroll cropland in the wetlands re12 serve program, if the Secretary determines that the wet13 land restoration would provide significant environmental

14 and floodplain enhancement benefits.

15 SEC. 3. ELIGIBILITY OF CERTAIN NON-FEDERAL LEVEES.

16 (a) ELIGIBILITY.—Notwithstanding any other provi17 sion of law (including any regulation), the eligibility to re18 ceive assistance under the levee rehabilitation program of

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

20 that was affected by major, widespread flooding in the

21 Midwest during 1993 shall not be affected by the status

22 of participation (or the lack of participation) of the public

23 sponsor in the program.

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

25 is eligible to receive assistance under the levee rehabilita26 tion program as a result of subsection (a) shall submit
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1 an application to participate in the program not later than

2 September 30, 1994.

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

4 funds, assistance may be provided under the levee rehabili5 tation program to a public sponsor of a levee that is eligi6 ble to receive assistance under the levee rehabilitation pro7 gram as a result of subsection (a) only if—

8 (1) the public sponsor demonstrates sufficient

9 financial capability to comply with the requirements

10 of this section;

11 (2) the levee otherwise meets the requirements

12 of the levee rehabilitation program for operation,

13 maintenance, and design;

14 (3) the benefits derived from repair or recon15 struction of the levee exceed the costs of the repair

16 or reconstruction; and

17 (4) the public sponsor enters into a written

18 agreement acknowledging that any future assistance

19 under the levee rehabilitation program will be condi20 tioned on the continued participation of the public

21 sponsor in the program.

22 (d) NON-FEDERAL SHARE.—The non-Federal share

23 of a levee rehabilitation project for which assistance is

24 made available as a result of this section shall be—
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1 (1) to provide all lands, easements, rights-of2 way, and dredged material disposal areas necessary

3 for the project; and

4 (2) to provide 25 percent of the costs of con5 struction of the project of which 5 percent of the

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

7 from non-Federal sources.

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

9 made available to the Secretary of the Army to provide

10 assistance under the levee rehabilitation program for fiscal

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

12 provide assistance to public sponsors who become eligible

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

14 section.

15 (f) LEVEE REHABILITATION PROGRAM DEFINED.—

16 As used in this section, the term ‘‘levee rehabilitation pro17 gram’’ means the levee rehabilitation assistance program

18 of the Army Corps of Engineers carried out under section

19 5(a)(1) of the Act entitled ‘‘An Act authorizing construc20 tion of certain public works on rivers and harbors for flood

21 control, and for other purposes’’, approved August 18,

22 1941 (33 U.S.C. 701n(a)(1)).

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