Home > 106th Congressional Bills > H.R. 728 (rh2) To amend the Watershed Protection and Flood Prevention Act to authorize ...H.R. 728 (rh2) To amend the Watershed Protection and Flood Prevention Act to authorize ...
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Watershed Rehabilitation
Amendments of 2000''.
TITLE I--DAM REHABILITATION
SEC. 101. REHABILITATION OF WATER RESOURCE STRUCTURAL 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 `rehabilitation', 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) correcting damage to the structural measure
from a catastrophic event; (C) correcting the deterioration of
structural components that are deteriorating at an abnormal
rate; (D) upgrading the structural measure 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 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 authorized 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 Agriculture and
Food Act of 1981 (16 U.S.C. 3451 et seq.; commonly
known as the Resource Conservation and Development
Program).
``(3) Structural measure.--The term `structural 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 Rehabilitation.--
``(1) Assistance authorized.--The Secretary may provide
financial assistance to a local organization 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
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 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 construction costs incurred in the rehabilitation.
However, the local organization shall be responsible for the
costs of water, mineral, and other resource rights and all
Federal, 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 government, may require that proper zoning 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
``(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 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 maintenance.--
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 between the Secretary and the local
organization responsible for the works of improvement. Such
operation and maintenance activities shall remain the
responsibility of the local organization, as provided in the
project work plan.
``(2) Renegotiation.--Notwithstanding paragraph (1), as
part of the provision of financial assistance under subsection
(b), the Secretary may renegotiate the original agreement for
the covered water resource project entered into between the
Secretary and the local organization regarding responsibility
for the operation and maintenance of the project when the
rehabilitation is finished.
``(e) Application for Rehabilitation Assistance.--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 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 Secretary
and address other dam safety issues. At the request of the local
organization, personnel of the Natural Resources Conservation Service
of the Department of Agriculture 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 subject to the availability of funds to carry out
this section, as is necessary for proper administration by the
Department of Agriculture and equitable for all local organizations.
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 rehabilitation request if the need for
rehabilitation of the structure 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 provide 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 agencies, shall 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 maintain 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 assistance shall make a report
to the Secretary giving the status of any rehabilitation effort
undertaken using financial assistance provided under this
section.''.
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 Progress Administration, the Works Projects
Administration, 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 inventory 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 prevent 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 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 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.
_______________________________________________________________________
September 5, 2000
Read the second time and placed on the calendar
Pages: 1 Other Popular 106th Congressional Bills Documents:
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