II
Calendar No. 771
106TH CONGRESS
2D SESSION
H. R. 728
IN THE SENATE OF THE UNITED STATES
JULY 18, 2000
Received
JULY 27, 2000
Read the first time
SEPTEMBER 5, 2000
Read the second time and placed on the calendar
AN ACT
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, and for other purposes.
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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 ‘‘Small Watershed Re-
habilitation Amendments of 2000’’.
TITLE I—DAM REHABILITATION
SEC. 101. 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
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the structural measure beyond the original evaluated
life expectancy; (B) correcting damage to the struc-
tural measure from a catastrophic event; (C) cor-
recting the deterioration of structural components
that are deteriorating at an abnormal rate; (D) up-
grading 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; or (E) decommis-
sioning the structure, if requested by the local orga-
nization.
‘‘(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
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et seq.; commonly known as the Resource Con-
servation and Development Program).
‘‘(3) 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, including the impoundment area and flood
pool.
‘‘(b) COST SHARE ASSISTANCE FOR REHABILITA-
TION.—
‘‘(1) ASSISTANCE AUTHORIZED.—The Secretary
may provide financial assistance to a local organiza-
tion to cover a portion of the total costs incurred for
the rehabilitation of structural measures originally
constructed as part of a covered water resource
project. The total costs of rehabilitation include the
costs associated with all components of the rehabili-
tation project, including acquisition of land, ease-
ments, and rights-of-ways, rehabilitation project ad-
ministration, 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.
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‘‘(2) AMOUNT OF ASSISTANCE; LIMITATIONS.—
The amount of Federal funds that may be made
available under this subsection to a local organiza-
tion for construction of a particular rehabilitation
project shall be equal to 65 percent of the total re-
habilitation costs, but not to exceed 100 percent of
actual construction costs incurred in the rehabilita-
tion. However, the local organization shall be respon-
sible for the costs of water, mineral, and other re-
source 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 affected unit or units of general pur-
pose local government, may require that proper zon-
ing or other developmental regulations 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
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‘‘(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 a local organi-
zation request such assistance. Such assistance may con-
sist 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 local organiza-
tion responsible for the works of improvement. Such
operation and maintenance activities shall remain
the responsibility of the local organization, as pro-
vided 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-
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negotiate the original agreement for the covered
water resource project entered into between the Sec-
retary and the local organization regarding responsi-
bility for the operation and maintenance of the
project when the rehabilitation is finished.
‘‘(e) APPLICATION
FOR REHABILITATION ASSIST-
ANCE.—A 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 responsibility over
the covered water resource project at issue or, if there is
no State agency having such responsibility, by the Gov-
ernor of the State. The Secretary shall request the State
dam safety officer (or equivalent State official) to be in-
volved in the application process if State permits or ap-
provals 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 local organization, personnel of the Natural Re-
sources Conservation Service of the Department of Agri-
culture may assist in preparing applications for assistance.
‘‘(f) 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
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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 local organi-
zations. The approval process shall be in writing, and
made known to all local organizations and appropriate
State agencies.
‘‘(g) PROHIBITION
ON CERTAIN REHABILITATION
ASSISTANCE.—The Secretary may not approve a rehabili-
tation request if the need for rehabilitation of the struc-
ture is the result of a lack of adequate maintenance by
the party responsible for the maintenance.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to the Secretary to pro-
vide financial and technical assistance under this
section—
‘‘(1) $5,000,000 for fiscal year 2001;
‘‘(2) $10,000,000 for fiscal year 2002;
‘‘(3) $15,000,000 for fiscal year 2003;
‘‘(4) $25,000,000 for fiscal year 2004; and
‘‘(5) $35,000,000 for fiscal year 2005.
‘‘(i) ASSESSMENT
OF REHABILITATION NEEDS.—
The Secretary, in concert with the responsible State agen-
cies, shall conduct an assessment of the rehabilitation
needs of covered water resource projects in all States in
which such projects are located.
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‘‘(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 local organization that received the as-
sistance shall make a report to the Secretary giving
the status of any rehabilitation effort undertaken
using financial assistance provided under this sec-
tion.’’.
TITLE II—DAM SAFETY
SEC. 201. DAM SAFETY.
(a) INVENTORY
AND
ASSESSMENT
OF
OTHER
DAMS.—
(1) INVENTORY.—The Secretary of the Army
(in this section referred to as the ‘‘Secretary’’) shall
establish an inventory of dams constructed by and
using funds made available through the Works
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Progress Administration, the Works Projects Admin-
istration, and the Civilian Conservation Corps.
(2) 
ASSESSMENT
OF
REHABILITATION
NEEDS.—In establishing the inventory required
under paragraph (1), the Secretary shall also assess
the condition of the dams on such inventory and the
need for rehabilitation or modification of the dams.
(b) REPORT TO CONGRESS.—Not later than 2 years
after the date of the enactment of this Act, the Secretary
shall transmit to Congress a report containing the inven-
tory and assessment required by this section.
(c) INTERIM ACTIONS.—
(1) IN GENERAL.—If the Secretary determines
that a dam referred to in subsection (a) presents an
imminent and substantial risk to public safety, the
Secretary is authorized to carry out measures to pre-
vent or mitigate against such risk.
(2) EXCLUSION.—The assistance authorized in
paragraph (1) shall not be available to dams under
the jurisdiction of the Department of the Interior.
(3) FEDERAL SHARE.—The Federal share of
the cost of assistance provided under this subsection
shall be 65 percent of such cost.
(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
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this section a total of $25,000,000 for fiscal years
beginning after September 30, 1999, of which not
more than $5,000,000 may be expended on any one
dam.
(d) COORDINATION.—In carrying out this section, the
Secretary shall coordinate with the appropriate State dam
safety officials and the Director of the Federal Emergency
Management Agency.
Passed the House of Representatives July 17, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 771
106TH CONGRESS
2D SESSION
H. R. 728
AN ACT
To amend the Watershed Protection and Flood
Prevention Act to authorize the Secretary of Ag-
riculture 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 re-
lated laws, and for other purposes.
SEPTEMBER 5, 2000
Read the second time and placed on the calendar