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





                                                 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.
    (b) Report to Congress.--Not later than 2 years after the date of 
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 a total of $30,000,000 for fiscal years 
        beginning after September 30, 1999, of which not more than 
        $5,000,000 may be expended on any 1 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.
            Amend the title so as to read: ``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, and for other purposes.''.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Watershed Rehabilitation 
Amendments of 1999''.

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) 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. The term includes the resulting immediate 
impoundment area and the immediate flood pool of the physical 
improvement.
    ``(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.
            ``(4) Prohibition on certain rehabilitation assistance.--
        The Secretary shall not approve a rehabilitation request if the 
        Secretary determines that the need for rehabilitation of the 
        structure is the result of a lack of adequate maintenance by 
        the party responsible for the maintenance.
    ``(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) 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, however, the Secretary is not required to develop a cost-
benefit ratio analysis or a cost-benefit ratio. 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 a system for the timely consideration and 
approval of 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. The Secretary shall 
ensure that the system provides for proper administration by the 
Department of Agriculture and is equitable for all local organizations. 
The approval process shall be in writing and shall be made known to all 
local organizations and appropriate State agencies.
    ``(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.''.

SEC. 3. NONINTERFERENCE WITH STATE AND LOCAL FLOOD DEBRIS REMOVAL 
              EFFORTS.

    The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 
et seq.) is amended by inserting after section 14, as added by section 
2 of this Act, the following new section:

``SEC. 15. NONINTERFERENCE WITH STATE AND LOCAL FLOOD DEBRIS REMOVAL 
              EFFORTS.

    ``The Secretary of Agriculture and other executive branch officials 
and employees may not prohibit or condition the ability of a State or 
local government to remove from land or waters any rocks, vegetation, 
soil, or other debris deposited by flood waters when the primary 
purpose of the removal operation is to reduce the risk and severity of 
subsequent flooding.''.

SEC. 4. PRIVACY OF PERSONAL DATA RECEIVED BY DEPARTMENT OF AGRICULTURE 
              AND DATA GATHERING LOCATIONS.

    The Food Security Act of 1985 is amended by inserting after section 
1243 (16 U.S.C. 3843) the following new section:

``SEC. 1244. PRIVACY OF PERSONAL DATA RELATING TO NATURAL RESOURCES 
              CONSERVATION PROGRAMS.

    ``(a) Information and Data Received for Technical and Financial 
Assistance.--Notwithstanding any other provision of law and except as 
provided in paragraph (c), information and data provided to, or 
developed by, the Secretary of Agriculture (including a contractor of 
the Secretary) for the purpose of providing technical or financial 
assistance to a landowner or operator with respect to any natural 
resources conservation program administered by the Natural Resources 
Conservation Service or the Farm Service Agency shall not be released 
or disclosed to any agency or person outside the Department of 
Agriculture.
    ``(b) Inventory, Monitoring, and Site Specific Data.--
Notwithstanding any other provision of law and except as provided in 
paragraph (c), in order to maintain the personal privacy, 
confidentiality, and cooperation of landowners and operators, and to 
maintain the integrity of sample sites, the specific geographic 
locations of the National Resources Inventory of the Department of 
Agriculture data gathering sites and the information and data generated 
by such sites are not public information and shall not be subject to 
mandatory disclosure or released to any local, tribal, State, or 
Federal agency outside the Department of Agriculture.
    ``(c) Exceptions.--
            ``(1) Release and disclosure for enforcement.--The 
        Secretary of Agriculture may release or disclose information or 
        data covered by subsection (a) or (b) to the extent necessary 
        to enforce the natural resources conservation programs referred 
        to in subsection (a).
            ``(2) Limited disclosure to cooperating persons and 
        agencies.--The Secretary may release or disclose information or 
        data covered by subsection (a) or (b) to a person or a local, 
        tribal, State, or Federal agency working in cooperation with 
        the Secretary of Agriculture in providing technical and 
        financial assistance described in subsection (a) or collecting 
        information and data from National Resources Inventory data 
        gathering sites. However, the person or local, tribal, State, 
        or Federal agency that receives the information or data may 
        release the information or data only for the purpose of 
        assisting the Secretary in providing the requested technical or 
        financial assistance or in collecting information and data from 
        National Resources Inventory data gathering sites.
            ``(3) Limited exception for statistical and aggregate 
        data.--The Secretary may release information or data covered by 
        subsection (b), if the information or data has been transformed 
        into a statistical or aggregate form that does not allow 
        identification of the individual landowner, operator, or 
        specific data gathering site.
    ``(d) Violations.--Section 1770(c) of the Food Security Act of 1985 
(7 U.S.C. 2276) shall apply to any person who releases or causes to be 
released information or data in violation of this section.''.