Union Calendar No. 306
106TH CONGRESS
2D SESSION
H. R. 728
[Report No. 106–484, Parts I and II]
A BILL
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.
APRIL 4, 2000
The Committee on Resources discharged
APRIL 4, 2000
Reported from the Committee on Agriculture with an
amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be
printed
IB
Union Calendar No. 306
106TH CONGRESS
2D SESSION
H. R. 728
[Report No. 106–484, Parts I and II]
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
NOVEMBER 18, 1999
Reported from the Committee on Transportation and Infrastructure with
amendments
[Strike out all after the enacting clause and insert the part printed in italic]
APRIL 4, 2000
Additional sponsors: Mr. WATTS of Oklahoma, Mr. GOODE, Mr. DEAL of
Georgia, Mr. SHOWS, Mr. ANDREWS, Mr. HOLDEN, Mr. WICKER, Mr.
TRAFICANT, Mr. WISE, Mr. WHITFIELD, Mr. MORAN of Kansas, Mr.
GONZALEZ, Mr. SCHAFFER, Mr. MOLLOHAN, Mr. ADERHOLT, Mr. RILEY,
Mr. SHERWOOD, Mr. POMBO, Mr. MCCRERY, Mr. DOOLITTLE, Mr.
CHAMBLISS, Mr. THORNBERRY, Mr. THUNE, Mr. GIBBONS, Mr.
GILCHREST, Mr. ISTOOK, Mr. LEWIS of Kentucky, Mr. HILLIARD, Mr.
BURR of North Carolina, Mr. LUCAS of Kentucky, Mr. BRYANT, Mr.
HINOJOSA, Mr. HALL of Texas, Mr. PRICE of North Carolina, Mr. RA-
HALL, Mr. ISAKSON, Mr. BOSWELL, Mr. NORWOOD, Mr. BEREUTER,
Mrs. EMERSON, Mr. BOUCHER, Ms. DANNER, Mr. LINDER, Mr. BLILEY,
Mr. MCINNIS, Mr. BARR of Georgia, Mr. SKELTON, Mr. GOODLATTE, Mr.
•HR 728 RH2
EVANS, Mr. COOKSEY, Mr. FROST, Mr. LATHAM, Mr. SANDLIN, Mr.
BERRY, Mr. HUTCHINSON, Mr. HOUGHTON, Mr. ROGERS, Mr. FLETCH-
ER, Mr. EDWARDS, Mr. THOMPSON of Mississippi, and Mr. STRICKLAND
APRIL 4, 2000
The Committee on Resources discharged
APRIL 4, 2000
Reported from the Committee on Agriculture with an amendment, committed
to the Committee of the Whole House on the State of the Union, and
ordered to be printed
[Strike out all after the enacting clause and insert the part printed in boldface roman]
[For text of introduced bill, see copy of bill as introduced on February 11, 1999]
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 ‘‘Small Watershed Reha-
bilitation Amendments of 1999’’.
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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 constructed
as part of a covered water resource project, means the
completion of all work necessary to extend 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 evaluated life expectancy, (B) cor-
recting damage to the structural measure from a cata-
strophic event, (C) correcting the deterioration of
structural components that are deteriorating at an
abnormal rate, (D) upgrading the structural measure
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to meet changed land use conditions in the watershed
served by the structural measure or changed safety
criteria applicable to the structural measure, or (E)
decommissioning the structure, if requested by the
local organization.
‘‘(2) COVERED
WATER
RESOURCE
PROJECT.—
The term ‘covered water resource project’ means a
work of improvement carried out under any of the fol-
lowing:
‘‘(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) 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
•HR 728 RH2
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 rehabilita-
tion project, including acquisition of land, easements,
and rights-of-ways, rehabilitation project administra-
tion, the provision of technical assistance, con-
tracting, 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 a local organization
for construction of a particular rehabilitation project
shall be equal to 65 percent of the total rehabilitation
costs, but not to exceed 100 percent of actual construc-
tion costs incurred in the rehabilitation. However, the
local organization shall be responsible for the costs of
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water, mineral, and other resource rights and all Fed-
eral, State, and local permits.
‘‘(3) RELATION TO LAND USE AND DEVELOPMENT
REGULATIONS.—As a condition on entering into an
agreement to provide financial assistance under this
subsection, the Secretary, working in concert with the
affected unit or units of general purpose local govern-
ment, may require that proper zoning or other devel-
opmental 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
‘‘(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 imple-
menting rehabilitation projects should a local organization
request such assistance. Such assistance may consist of spe-
cialists in such fields as engineering, geology, soils, agron-
omy, biology, hydraulics, hydrology, economics, water qual-
ity, and contract administration.
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‘‘(d) PROHIBITED USE.—
‘‘(1) PERFORMANCE OF OPERATION AND MAINTE-
NANCE.—Rehabilitation assistance provided under
this section may not be used to perform operation and
maintenance activities specified in the agreement for
the covered water resource project entered into be-
tween the Secretary and the local organization re-
sponsible for the works of improvement. Such oper-
ation and maintenance activities shall remain the re-
sponsibility of the local organization, as provided in
the project work plan.
‘‘(2) RENEGOTIATION.—Notwithstanding para-
graph (1), as part of the provision of financial assist-
ance under subsection (b), the Secretary may renego-
tiate the original agreement for the covered water re-
source project entered into between the Secretary and
the local organization regarding responsibility for the
operation and maintenance of the project when the re-
habilitation 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