[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3583 Referred in Senate (RFS)]

103d CONGRESS
  1st Session
                                H. R. 3583


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 23, 1993

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
 To make certain non-Federal levees eligible for assistance under the 
     Federal levee rehabilitation program, 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. ELIGIBILITY OF CERTAIN NON-FEDERAL LEVEES.

    (a) Eligibility.--Notwithstanding any other provision of law 
(including any regulation), the eligibility to receive assistance under 
the levee rehabilitation program of a public sponsor of a primary levee 
located in the area that was affected by major, widespread flooding in 
the Midwest during 1993 shall not be affected by the status of 
participation (or the lack of participation) of the public sponsor in 
the program.
    (b) Application.--A public sponsor of a levee who is eligible to 
receive assistance under the levee rehabilitation program as a result 
of subsection (a) shall submit an application to participate in the 
program not later than September 30, 1994.
    (c) Conditions.--Subject to the availability of funds, assistance 
may be provided under the levee rehabilitation program to a public 
sponsor of a levee which is eligible to receive assistance under the 
levee rehabilitation program as a result of subsection (a) only if--
            (1) the public sponsor demonstrates sufficient financial 
        capability to comply with the requirements of this section;
            (2) the levee otherwise meets the requirements of the levee 
        rehabilitation program for operation, maintenance, and design;
            (3) the benefits derived from repair or reconstruction of 
        the levee exceed the costs thereof; and
            (4) the public sponsor enters into a written agreement 
        acknowledging that any future assistance under the levee 
        rehabilitation program will be conditioned upon the public 
        sponsor's continued participation in the program.
    (d) Non-Federal Share.--The non-Federal share of a levee 
rehabilitation project for which assistance is made available as a 
result of this section shall be--
            (1) to provide all lands, easements, rights-of-way, and 
        dredged material disposal areas necessary for the project; and
            (2) to provide 25 percent of the costs of construction of 
        the project of which 5 percent of such costs shall be paid in 
        cash (or a cash equivalent) from non-Federal sources.
    (e) Limitation on Funding.--Of the amounts made available to the 
Secretary of the Army to provide assistance under the levee 
rehabilitation program for fiscal year 1994, not more than $50,000,000 
may be used to provide assistance to public sponsors who become 
eligible to receive assistance under the program as a result of this 
section.

SEC. 2. LEVEE REHABILITATION PROGRAM DEFINED.

    In this Act, the term ``levee rehabilitation program'' means the 
levee rehabilitation assistance program of the Army Corps of Engineers 
carried out under section 5(a)(1) of the Act entitled ``An Act 
authorizing construction of certain public works on rivers and harbors 
for flood control, and for other purposes'', approved August 18, 1941 
(33 U.S.C. 701n(a)(1)).

            Passed the House of Representatives November 23 
      (legislative day, November 22), 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.