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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 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.
_______________________________________________________________________
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
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
resource 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
following bill; which was referred to the Committee on Agriculture, and
in addition to the Committees on Resources, and Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction 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. Rahall, 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. Evans, Mr.
Cooksey, Mr. Frost, Mr. Latham, Mr. Sandlin, Mr. Berry, Mr. Hutchinson,
Mr. Houghton, Mr. Rogers, Mr. Fletcher, 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 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 1999''.
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 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 agencies, 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 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.
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