I
106TH CONGRESS
1ST SESSION
H. R. 728
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 re-
source projects previously funded by the Secretary under such Act or
related laws.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 11, 1999
Mr. LUCAS of Oklahoma (for himself and Mr. WATKINS) introduced the fol-
lowing bill; which was referred to the Committee on Agriculture, and in
addition to the Committees on Resources, and Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘The Small Watershed
Rehabilitation Amendments of 1999’’.
SEC. 2. REHABILITATION OF WATER RESOURCE STRUC-
TURAL 
MEASURES 
CONSTRUCTED 
UNDER
CERTAIN DEPARTMENT OF AGRICULTURE
PROGRAMS.
The Watershed Protection and Flood Prevention Act
(16 U.S.C. 1001 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 14. REHABILITATION OF STRUCTURAL MEASURES
NEAR, AT, OR PAST THEIR EVALUATED LIFE
EXPECTANCY.
‘‘(a) DEFINITIONS.—For purposes of this section:
‘‘(1) REHABILITATION.—The term ‘rehabilita-
tion’, with respect to a structural measure con-
structed as part of a covered water resource project,
means the completion of all work necessary to ex-
tend the service life of the structural measure and
meet applicable safety and performance standards.
This may include (A) protecting the integrity of the
structural measure, or prolonging the useful life of
the structural measure, beyond the original evalu-
ated life expectancy, (B) correcting damage to the
structural measure from a catastrophic event, (C)
correcting the deterioration of structural components
that are deteriorating at an abnormal rate, or (D)
upgrading the structural measure to meet changed
land use conditions in the watershed served by the
structural measure or changed safety criteria appli-
cable to the structural measure.
‘‘(2) COVERED WATER RESOURCE PROJECT.—
The term ‘covered water resource project’ means a
work of improvement carried out under any of the
following:
‘‘(A) This Act.
‘‘(B) Section 13 of the Act of December
22, 1944 (Public Law 78–534; 58 Stat. 905).
‘‘(C) The pilot watershed program author-
ized under the heading ‘FLOOD PREVENTION’
of the Department of Agriculture Appropriation
Act, 1954 (Public Law 156; 67 Stat. 214).
‘‘(D) Subtitle H of title XV of the Agri-
culture and Food Act of 1981 (16 U.S.C. 3451
et seq.; commonly known as the Resource Con-
servation and Development Program).
‘‘(3) ELIGIBLE
LOCAL
ORGANIZATION.—The
term ‘eligible local organization’ means a local orga-
nization or appropriate State agency responsible for
the operation and maintenance of structural meas-
ures constructed as part of a covered water resource
project.
‘‘(4) STRUCTURAL MEASURE.—The term ‘struc-
tural measure’ means a physical improvement that
impounds water, commonly known as a dam, which
was constructed as part of a covered water resource
project.
‘‘(b) COST SHARE ASSISTANCE FOR REHABILITA-
TION.—
‘‘(1) ASSISTANCE AUTHORIZED.—The Secretary
may provide financial assistance to an eligible local
organization to cover a portion of the total costs in-
curred for the rehabilitation of structural measures
originally constructed as part of a covered water re-
source project. The total costs of rehabilitation in-
clude the costs associated with all components of the
rehabilitation project, including acquisition of land,
easements, and rights-of-ways, rehabilitation project
administration, the provision of technical assistance,
contracting, and construction costs, except that the
local organization shall be responsible for securing
all land, easements, or rights-of-ways necessary for
the project.
‘‘(2) AMOUNT OF ASSISTANCE; LIMITATIONS.—
The amount of Federal funds that may be made
available under this subsection to an eligible local
organization for construction of a particular rehabili-
tation project shall be equal to 65 percent of the
total rehabilitation costs, but not to exceed 100 per-
cent of actual construction costs incurred in the re-
habilitation. However, the local organization shall be
responsible for the costs of water, mineral, and other
resource rights and all Federal, State, and local per-
mits.
‘‘(3) RELATION TO LAND USE AND DEVELOP-
MENT REGULATIONS.—As a condition on entering
into an agreement to provide financial assistance
under this subsection, the Secretary, working in con-
cert with the eligible local organization, may require
that proper zoning or other developmental regula-
tions are in place in the watershed in which the
structural measures to be rehabilitated under the
agreement are located so that—
‘‘(A) the completed rehabilitation project is
not quickly rendered inadequate by additional
development; and
‘‘(B) society can realize the full benefits of
the rehabilitation investment.
‘‘(c) TECHNICAL
ASSISTANCE
FOR
WATERSHED
PROJECT
REHABILITATION.—The 
Secretary, 
acting
through the Natural Resources Conservation Service, may
provide technical assistance in planning, designing, and
implementing rehabilitation projects should an eligible
local organization request such assistance. Such assistance
may consist of specialists in such fields as engineering,
geology, soils, agronomy, biology, hydraulics, hydrology,
economics, water quality, and contract administration.
‘‘(d) PROHIBITED USE.—
‘‘(1) PERFORMANCE OF OPERATION AND MAIN-
TENANCE.—Rehabilitation assistance provided under
this section may not be used to perform operation
and maintenance activities specified in the agree-
ment for the covered water resource project entered
into between the Secretary and the eligible local or-
ganization responsible for the works of improvement.
Such operation and maintenance activities shall re-
main the responsibility of the local organization, as
provided in the project work plan.
‘‘(2) RENEGOTIATION.—Notwithstanding para-
graph (1), as part of the provision of financial as-
sistance under subsection (b), the Secretary may re-
negotiate the original agreement for the covered
water resource project entered into between the Sec-
retary and the eligible local organization regarding
responsibility for the operation and maintenance of
the project when the rehabilitation is finished.
‘‘(e) APPLICATION
FOR REHABILITATION ASSIST-
ANCE.—An eligible local organization may apply to the
Secretary for technical and financial assistance under this
section if the application has also been submitted to and
approved by the State agency having supervisory respon-
sibility over the covered water resource project at issue
or, if there is no State agency having such responsibility,
by the Governor of the State. The Secretary shall request
the State dam safety officer (or equivalent State official)
to be involved in the application process if State permits
or approvals are required. The rehabilitation of structural
measures shall meet standards established by the Sec-
retary and address other dam safety issues. At the request
of the eligible local organization, personnel of the Natural
Resources Conservation Service of the Department of Ag-
riculture may assist in preparing applications for assist-
ance.
‘‘(f) JUSTIFICATION FOR REHABILITATION ASSIST-
ANCE.—In order to qualify for technical or financial as-
sistance under this authority, the Secretary shall require
the rehabilitation project to be performed in the most cost-
effective manner that accomplishes the rehabilitation ob-
jective. Since the requirements for accomplishing the reha-
bilitation are generally for public health and safety rea-
sons, in many instances being mandated by other State
or Federal laws, no benefit-cost analysis will be conducted
and no benefit-cost ratio greater than one will be required.
The benefits of and the requirements for the rehabilitation
project shall be documented to ensure the wise and respon-
sible use of Federal funds.
‘‘(g) RANKING OF REQUESTS FOR REHABILITATION
ASSISTANCE.—The Secretary shall establish such system
of approving rehabilitation requests, recognizing that such
requests will be received throughout the fiscal year and
subject to the availability of funds to carry out this sec-
tion, as is necessary for proper administration by the De-
partment of Agriculture and equitable for all eligible local
organizations. The approval process shall be in writing,
and made known to all eligible local organizations and ap-
propriate State agencies.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary
$60,000,000 for each of the fiscal years 2000 through
2009 to provide financial and technical assistance under
this section.
‘‘(i) ASSESSMENT OF REHABILITATION NEEDS.—Of
the amount appropriated pursuant to subsection (h) for
fiscal years 2000 and 2001, $5,000,000 shall be used by
the Secretary, in concert with the responsible State agen-
cies, to conduct an assessment of the rehabilitation needs
of covered water resource projects in all States in which
such projects are located.
‘‘(j) RECORDKEEPING AND REPORTS.—
‘‘(1) SECRETARY.—The Secretary shall main-
tain a data base to track the benefits derived from
rehabilitation projects supported under this section
and the expenditures made under this section. On
the basis of such data and the reports submitted
under paragraph (2), the Secretary shall prepare
and submit to Congress an annual report providing
the status of activities conducted under this section.
‘‘(2) GRANT RECIPIENTS.—Not later than 90
days after the completion of a specific rehabilitation
project for which assistance is provided under this
section, the eligible local organization that received
the assistance shall make a report to the Secretary
giving the status of any rehabilitation effort under-
taken using financial assistance provided under this
section.’’.
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