[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1762 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1762

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 SENATE OF THE UNITED STATES

                            October 21, 1999

 Mr. Coverdell (for himself and Mrs. Lincoln) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 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 Act 
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, (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 structural measure, including 
        removal or breaching.
            ``(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, commonly 
        known as a dam, which was constructed as part of a covered 
        water resource project.
    ``(b) Cost Share Assistance for Rehabilitation.--
            ``(1) Assistance authorized.--The Secretary may provide 
        financial assistance to an eligible 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 an eligible 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 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, acting through the Natural Resources Conservation 
Service, 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 
        when the rehabilitation is finished.
    ``(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. At the request of the eligible 
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. 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, no benefit-cost analysis 
will be conducted and no benefit-cost ratio greater than one will 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 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 eligible 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.''.
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