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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ELIGIBILITY OF CERTAIN NON-FEDERAL LEV-
EES.
(a) ELIGIBILITY.—Notwithstanding any other provi-
sion of law (including any regulation), the eligibility to re-
ceive assistance under the levee rehabilitation program of
a public sponsor of a primary levee located in the area
that was affected by major, widespread flooding in the
Midwest during 1993 shall not be affected by the status
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of participation (or the lack of participation) of the public
sponsor in the program.
(b) APPLICATION.—A public sponsor of a levee who
is eligible to receive assistance under the levee rehabilita-
tion program as a result of subsection (a) shall submit
an application to participate in the program not later than
September 30, 1994.
(c) CONDITIONS.—Subject to the availability of
funds, assistance may be provided under the levee rehabili-
tation program to a public sponsor of a levee which is eligi-
ble to receive assistance under the levee rehabilitation pro-
gram as a result of subsection (a) only if—
(1) the public sponsor demonstrates sufficient
financial capability to comply with the requirements
of this section;
(2) the levee otherwise meets the requirements
of the levee rehabilitation program for operation,
maintenance, and design;
(3) the benefits derived from repair or recon-
struction of the levee exceed the costs thereof; and
(4) the public sponsor enters into a written
agreement acknowledging that any future assistance
under the levee rehabilitation program will be condi-
tioned upon the public sponsor’s continued participa-
tion in the program.
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(d) NON-FEDERAL SHARE.—The non-Federal share
of a levee rehabilitation project for which assistance is
made available as a result of this section shall be—
(1) to provide all lands, easements, rights-of-
way, and dredged material disposal areas necessary
for the project; and
(2) to provide 25 percent of the costs of con-
struction of the project of which 5 percent of such
costs shall be paid in cash (or a cash equivalent)
from non-Federal sources.
(e) LIMITATION
ON FUNDING.—Of the amounts
made available to the Secretary of the Army to provide
assistance under the levee rehabilitation program for fiscal
year 1994, not more than $50,000,000 may be used to
provide assistance to public sponsors who become eligible
to receive assistance under the program as a result of this
section.
SEC. 2. LEVEE REHABILITATION PROGRAM DEFINED.
In this Act, the term ‘‘levee rehabilitation program’’
means the levee rehabilitation assistance program of the
Army Corps of Engineers carried out under section
5(a)(1) of the Act entitled ‘‘An Act authorizing construc-
tion of certain public works on rivers and harbors for flood
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control, and for other purposes’’, approved August 18,
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.