[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4409 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4409

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

                             August 5, 1998

  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

_______________________________________________________________________

                                 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 ``The Small Watershed Rehabilitation 
Amendments of 1998''.

SEC. 2. 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, or (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.
            ``(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) Eligible local organization.--The term `eligible 
        local organization' means a local organization or appropriate 
        State agency responsible for the operation and maintenance of 
        structural measures constructed as part of a covered water 
        resource project.
            ``(4) Structural measure.--The term ``structural measure'' 
        means a physical improvement that impounds water and was 
        constructed as part of a covered water resource project.
    ``(b) Cost Share Assistance For Rehabilitation.--
            ``(1) Amount and use.--The Secretary may provide financial 
        assistance to an eligible local organization to assist the 
        local organization with the rehabilitation of structural 
        measures originally constructed as part of a covered water 
        resource project. The amount of the financial assistance for a 
        particular rehabilitation project may not exceed 65 percent of 
        the total rehabilitation costs for the structural measures 
        included in the rehabilitation project. The total costs of 
        rehabilitation may include financial assistance to pay for 
        costs associated with the rehabilitation project, including 
        land, easements, and rights-of-ways costs, costs of water, 
        mineral and other resource rights, rehabilitation project 
        administration, and contracting.
            ``(2) 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 eligible local organization, 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 may provide technical assistance in planning, designing, 
and implementing rehabilitation projects should an eligible 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 eligible 
        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 eligible local organization regarding 
        responsibility for the operation and maintenance of the 
        project.
    ``(e) Application For Rehabilitation Assistance.--An eligible 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. Personnel of the Natural Resources 
Conservation Service of the Department of Agriculture shall assist in 
preparing applications for assistance.
    ``(f) Justification For Rehabilitation Assistance.--In order to 
qualify for technical or financial assistance under this authority, the 
Secretary shall require the rehabilitation project to be performed in 
the most cost-effective manner that accomplishes the rehabilitation 
objective. Since the requirements for accomplishing the rehabilitation 
are generally for public health and safety reasons, in many instances 
being mandated by other State or Federal laws, benefit-cost analysis 
and a positive benefit cost-ratio will not be required. The benefits of 
and the requirements for the rehabilitation project shall be documented 
to ensure the wise and responsible use of Federal funds.
    ``(g) 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 eligible local 
organizations. The approval process shall be in writing, and made known 
to all eligible local organizations and appropriate State agencies.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated $60,000,000 for each of the fiscal years 1999 through 2008 
to carry out this section.
    ``(i) Assessment of Rehabilitation Needs.--Of the amount 
appropriated pursuant to subsection (h) for both fiscal year 1999 and 
2000, $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) Reports.--The Secretary shall submit an annual report to 
Congress providing the status of activities conducted under this 
section. An eligible local organization that receives rehabilitation 
assistance shall make an annual report to the Secretary giving the 
status of any rehabilitation effort undertaken using financial 
assistance provided under this section.''.
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