[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 728 Engrossed in House (EH)]


  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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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.

    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:

                                                                 Clerk.