[Congressional Record (Bound Edition), Volume 146 (2000), Part 10]
[House]
[Page 14725]
[From the U.S. Government Publishing Office, www.gpo.gov]



           SMALL WATERSHED REHABILITATION AMENDMENTS OF 2000

  Mr. LUCAS of Oklahoma. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 728) 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, as amended.
  The Clerk read as follows:

                                H.R. 728

       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 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 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oklahoma (Mr. Lucas) and the gentleman from Texas (Mr. Stenholm) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Oklahoma (Mr. Lucas).
  Mr. LUCAS of Oklahoma. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I appreciate the efforts of the gentleman from Texas 
(Chairman Combest) and the ranking member, the gentleman from Texas 
(Mr. Stenholm), in helping me bring forward H.R. 728, the Small 
Watershed Rehabilitation Amendments.
  I also appreciate the support of the gentleman from Pennsylvania 
(Chairman Shuster) and the gentleman from New York (Mr. Boehlert) for 
this very important bill.
  Seeing the need for rehabilitation of aging dams built across the 
State of Oklahoma and the country, I introduced H.R. 728. This 
legislation will give the Secretary of Agriculture the authority to 
provide financial assistance to local organizations for up to 65 
percent of the total rehabilitation construction costs for those dams 
built under the Small Watershed Program.
  H.R. 728 will authorize a total of $90 million over the next 5 years, 
beginning in 2001, to help us rehabilitate our Nation's watershed 
projects and ensure that we and our communities continue to enjoy the 
benefits that watershed projects offer.
  My predecessors left a legacy with the Small Watershed Program. They 
realized the impact that this program would have on both the State of 
Oklahoma and the Nation as whole.
  I was raised in and still live in Roger Mills County, Oklahoma. One 
of the things I most clearly recall from growing up there was the sight 
of these flood control dams near my home. I did not know it at the 
time, but those dams were built because community and political leaders 
knew from firsthand experience the importance of flood control. They 
had witnessed the horrible floods that washed across Oklahoma's 
watersheds in the 1930s and 1940s, terrifying events that inspired them 
to take the necessary steps to reduce the threats that flooding poses 
to people, land, and water quality.
  Since 1944, over 10\1/2\ thousand small watershed dams have been 
built in the United States. Over 2,000 of those dams are located in 
Oklahoma. Many of these dams were planned and designed with a lifespan 
of 50 years. Fifty years ago there was little concern about what to do 
when these dams reached their life expectancy.
  During the week of July 4, 1998, a celebration in Cordell, Oklahoma, 
marked the 50th anniversary of America's first United States Department 
of Agriculture small watershed dam. This is just one of a thousand dams 
that will reach the end of their 50-year life expectancy within the 
next 10 years.
  Although the Federal government paid for the construction costs of 
these dams, under current law, there is no Federal authority or funds 
to rehabilitate them. Repair costs are far beyond the budgets of the 
local sponsors.
  The Federal government clearly has a responsibility to ensure dam 
safety. We cannot wait until a disaster happens. If rehabilitation is 
not done, we may be faced with the awesome and awful possibilities of 
flooding, loss of wildlife habitat, water shortages, and pollution. Far 
more regrettable in the case of failure, we might be confronted with 
the loss of life, and yes, property, crops, and livestock.
  The economic impact of dam failures on communities and local 
economies would be devastating. We must act before any of these 
situations occur.
  The small watershed program is one of our Nation's most successful 
public and private partnerships. In fact, these completed small 
watershed projects have provided over $2.20 in benefits for every $1 in 
cost. Very few government programs can make that claim. We must 
continue to build on this partnership.
  Today the Small Watershed Program represents an $8.5 billion Federal 
investment and an estimated $6 billion local investment in the 
infrastructure of our Nation. We do not allow our highways to crumble, 
nor should we ignore our small watershed dams. It is time we address 
the rehabilitation needs of these structures.
  The fact is, these small watersheds have done such a good job that 
most people do not even realize they exist as they drive by them, as 
they go up and down the highways. There are not many programs that have 
that kind of a success factor.
  We must continue to build on this program that our predecessors 
started over 50 years ago. It has been a great privilege to champion 
this cause here in our Nation's capital that will have such a direct 
impact on my home county, my home State, and our Nation as a whole. I 
look forward to seeing this legislation passed into law, and continuing 
to build on one of the most successful programs our government has 
known.
  Mr. Speaker, I reserve the balance of my time.
  Mr. STENHOLM. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 728, the Small Watershed 
Rehabilitation Amendments of 2000. This bill amends the Watershed 
Protection and Flood Control Protection Act, also known as P.L. 566 
program, to authorize the Secretary of Agriculture to provide financial 
assistance to eligible local organizations to cover a portion of the 
total cost for the rehabilitation of structural measures originally 
constructed as part of the Department of Agriculture's USDA water 
resource project.
  Under current law, the Secretary of Agriculture, acting through the 
Natural Resources Conservation Service, is authorized to provide 
technical and financial assistance to local organizations in planning 
and carrying out small watershed projects for flood protection, 
agriculture and water management, recreation, municipal and industrial 
water supply, and wildlife enhancement.
  Many of the 10,000-plus dams built under this program are reaching 
the end of their 50-year design life and are in need of rehabilitation. 
In fact, some now pose a threat to public health and safety.
  During the Committee on Agriculture's markup of this legislation, I 
offered an amendment to protect the privacy of information provided to 
USDA by the farmers and ranchers participating in the Department's 
voluntary programs or receiving technical assistance.
  My amendment, which was accepted by the committee, was designed to 
protect the trust established between the USDA and America's farmers 
and ranchers resulting in the high level of participation we currently 
enjoy in our voluntary conservation programs.
  When landowners come in on a voluntary basis to work on their local 
NRCS, Farm Service Agency, or conservation district office to implement 
conservation measures on their farms and ranches, they need to be 
assured that the information they provide remains confidential. 
Concerns have been raised that if this information was transferred to 
other agencies or entities, it would lose its confidential nature and 
could be made public.
  The provision I offered would not have prevented other Federal 
agencies from collecting data under their own statutory authority. It 
would merely protect from disclosure to other Federal regulatory 
entities the confidential information provided to USDA, local 
conservation districts, or RC&D councils by a farmer, rancher, or 
landowner who has participated in the USDA conservation program.
  Without this protection, the billions of dollars in technical and 
financial assistance spent every year by the taxpayers to help the 
Nation's landowners protect our soil and water resources could be 
jeopardized because of the unwillingness of producers to participate in 
our voluntary programs. In short, my amendment would have ensured that 
our voluntary, incentive-based programs are kept separate from the 
regulatory efforts of other agencies.
  If Members doubt the callous disregard that some Federal agencies 
have for the American farmer, rancher, and the average citizen in 
general, look no further than EPA's persistence with the total maximum 
daily load (TMDL) regulations.
  After a dozen congressional hearings, 35,000 written comments, and 
clear intent from Congress via the military construction conference 
report that the proposed TMDL regulations needed to be withdrawn and 
thoroughly re-examined, the EPA persisted in their policy to put forth 
these tainted regulations.
  We need to send a strong message that information provided on a 
voluntary basis for purposes of receiving assistance from USDA should 
remain confidential to all parties working in cooperation with USDA. 
While it is unfortunate that this could not be accomplished here today 
on this worthy bill, this issue must be addressed by Congress.
  I want to applaud and thank my colleague, the gentleman from Oklahoma 
(Mr. Lucas), for his hard work in working to draft and pass this 
legislation. I urge my colleagues to support H.R. 728.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LUCAS. Mr. Speaker, I yield 5 minutes to the gentleman from 
Pennsylvania (Mr. Sherwood).
  Mr. SHERWOOD. Mr. Speaker, on behalf of the Committee on 
Transportation and Infrastructure, I rise in support of H.R. 728, the 
Small Watershed Rehabilitation Amendments of 2000.
  First let me congratulate the gentleman from Oklahoma (Mr. Lucas) and 
his colleagues, and commend the leadership of the Committee on 
Transportation and Infrastructure and the Committee on Agriculture for 
moving forward with this important legislation.

                              {time}  1600

  H.R. 728 responds to a growing crisis in water resources 
infrastructure throughout this Nation. There are over 10,000 dams 
constructed under national resource conservation service programs; many 
are in need of critical repair and are presenting flooding and 
environmental threats to communities.
  This bill responds in two ways. Title I authorizes NRCS to 
rehabilitate aging and deteriorating dams constructed under the 
agency's small watershed program. Title II authorizes the Corps of 
Engineers to inventory and assess the condition of dams constructed 
decades ago under other authorities, such as the Work Projects 
Administration and the Civilian Conservation Corps, and in the interim, 
to provide emergency measures to prevent risks to the public.
  A good example of these aging dams is the Mountain Springs dam right 
on the edge of my congressional district. It is a dam that has provided 
flood control and watershed qualities throughout 60 years, and now it 
is about to be drained because it is deemed dangerous. We need these 
things attended to.
  Mr. Speaker, I would also like to emphasize that these projects 
should 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.
  Mr. Speaker, this bill is about restoring infrastructure, enhancing 
public safety, and protecting the environment. America's rural 
communities in particular will benefit.
  For all of these reasons, Mr. Speaker, I strongly urge my colleagues 
to support H.R. 728.
  Mr. LUCAS of Oklahoma. Mr. Speaker, I yield 5 minutes to the 
gentleman from Nebraska (Mr. Bereuter).
  Mr. BEREUTER. Mr. Speaker, I thank the gentleman from Oklahoma for 
yielding me this time.
  Mr. Speaker, I rise in strong support of H.R. 728. I want to thank 
the distinguished gentleman from Oklahoma (Mr. Lucas) for his 
outstanding initiative and effort in introducing this legislation and 
the leadership of the two committees for advancing it.
  As a cosponsor of this legislation, this Member certainly supports 
the goals of this measure. It is clearly appropriate to provide 
necessary resources to aid in the rehabilitation of the small watershed 
structures which have been constructed over the past 50 years. These 
small dams and other structures, constructed under the P.L. 566 
program, have provided numerous benefits over the past decades, 
including flood control, wildlife habitat, recreation, irrigation and 
water supplies.
  This program has been especially important to Nebraska. Over the 
years, the P.L. 566 program has resulted in the installation of 880 
dams and other structures in Nebraska. In fact, this Member is proud to 
point out that his district, the First Congressional District of 
Nebraska, has more P.L. 566 dams and structures than any other district 
in the Nation. The more than 700 structures in this Member's district 
provides flood protection, reduces erosion and provides many useful 
benefits.
  Throughout Nebraska, it is estimated that the State realizes a 
minimum of $27 million in annual direct benefits as a result of these 
structures. Documentation and examples of those benefits are found in 
the report by the National Resource Conservation Service, the NRCS, of 
the USDA, entitled ``Protecting the `Good Life' through P.L. 566; The 
Watershed Protection and Flood Prevention Act across Nebraska.''
  As just mentioned, during the previous 50 years, more than 10,000 
upstream flood control dams have been built throughout the United 
States. The NRCS has provided cost-sharing and technical assistance 
while local sponsors have assumed responsibility for the operation and 
maintenance of the structures when they were completed. Unfortunately, 
many of those structures are now reaching the end of their 50-year 
designed life. Without significant rehabilitation, much of this 
investment could be lost.
  This act authorizes the Secretary of Agriculture to cover a portion 
of the total costs incurred for the rehabilitation of those structures. 
The bill does not allow any assistance to be provided to perform 
operation and maintenance activities, a limitation this Member strongly 
supports.
  During a hearing of the Subcommittee on Water and Environment of the 
Committee on Transportation and Infrastructure, this Member shared with 
the subcommittee a letter from Dayle Williamson who, until very 
recently, was the outstanding, highly respected director of the State 
of Nebraska's Natural Resources Commission, he just retired, which 
emphasized that the sponsors of Nebraska's projects have been providing 
adequate maintenance over the years for the structures. Therefore, he 
suggested, and this Member agrees, that they should not be penalized 
for their stewardship by allowing other States to tap into scarce 
resources to perform routine operation and maintenance which they 
routinely should have been providing. The gentleman from Oklahoma (Mr. 
Lucas) has taken that fully into consideration. Another outstanding 
feature of this legislation.
  This Member additionally asked for specific safeguards to ensure that 
funding would not be used for the purposes of routine operation and 
maintenance. I am pleased, therefore, to note that a provision was 
added to the legislation which states that the Secretary of Agriculture 
may not approve a rehabilitation request if it is determined that the 
need for rehabilitation of the structure is the result of a lack of 
adequate maintenance by the party responsible for the maintenance.
  Nevertheless, it is clear that there are a great many instances where 
assistance is appropriate and necessary. This Member believes that H.R. 
728 recognizes this growing need and provides a far-sighted approach in 
addressing these problems. By providing additional assistance now, we 
can ensure that the original investments will continue to pay dividends 
well into the future.
  Mr. Speaker, this Member urges his colleagues to support H.R. 728 and 
again commends the gentleman from Oklahoma (Mr. Lucas) for his 
outstanding initiative.
  Mr. STENHOLM. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, let me just say again in reiteration of what all of my 
colleagues who have testified in favor of this legislation today and 
the Subcommittee on Water Resources and Environment of the Committee on 
Transportation and Infrastructure, I do also thank them for their work 
and input into this very important legislation.
  I know, speaking from back home in Texas, the importance of these 
projects has been demonstrated time and time again over these 50 years, 
but now particularly as cities like Dallas and Fort Worth begin to look 
at some very serious flood concerns that they have and how they might 
address that. Other cities all over the United States, most communities 
will find, when one looks at how to solve a problem of flood control 
that one will find the small watershed projects would be right at the 
top of the list.
  Now, when we have these large number of dams that have been built and 
are in need of rehabilitation, this legislation only make makes very, 
very serious common sense.
  So I appreciate, again, the gentleman from Oklahoma (Mr. Lucas) for 
bringing this legislation to all of our attention, and all of the 
cooperation that has been made to reach it to the point to where we are 
today. I encourage the House to support the bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. LUCAS of Oklahoma. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, in conclusion, I wish once again to express my 
appreciation of the gentleman from Texas (Mr. Stenholm), the gentleman 
from Nebraska (Mr. Bereuter), and the gentleman from Pennsylvania (Mr. 
Sherwood) and all of the members of the various committees and 
subcommittees who worked on this.
  From a concept that initially came together in July of 1998 at a 
gathering to celebrate 50 years of successful service by one of these 
structures to the bill, that was then filed again in February of 1999, 
that has worked its way through subcommittee and full Committee on 
Agriculture, subcommittee and full Committee on Transportation and 
Infrastructure, that has been examined by resources, a bill that is, if 
there is such a thing, a textbook way of reviewing legislation, we have 
at one point or other in the last year and a half examined every facet 
of this concept, I think, from every perspective.
  The legislation that we have today, thanks to the gentleman from 
Texas (Mr. Stenholm), ranking member, and the gentleman from Texas 
(Chairman Combest), and many other Members, is a good solid piece of 
legislation that will do the things that need to be done in this 
country and in a fashion we will all be proud of.
  Mr. Speaker, I urge all of my colleagues to support the continued 
program that has been so successful for half a century now or more.
  Mr. SHUSTER. Mr. Speaker, I rise in support of H.R. 728, the small 
watershed rehabilitation amendments of 2000. The bill takes steps to 
improve the nation's deteriorating water resources infrastructure and 
requires the Secretary of Agriculture to rehabilitate aging dams built 
under programs of the Natural Resources Conservation Service.
  The bill also requires the Secretary of the Army to inventory and 
assess certain dams from the Great Depression era and authorizes 
actions to mitigate against immediate threats to public safety.
  I commend Representative Frank Lucas and his colleagues for 
championing this legislation and the leadership of the Agriculture 
Committee for their cooperation, as well. Thanks should also go to my 
colleagues on the Transportation and Infrastructure Committee, in 
particular Representative Jim Oberstar, the ranking Democrat, 
Representative Sherry Boehlert, the chairman of the Water Resources and 
Environment Subcommittee, and Representative Bob Borski, the 
subcommittee's ranking member.
  The Transportation and Agriculture Committees share jurisdiction over 
the NRCS's small watershed program and worked together closely to 
revise and improve title I of this critically important legislation. I 
also appreciate the Agriculture Committee's cooperation with respect to 
title II, relating to the Army Corps of Engineers' authorities 
regarding dam safety and included by the Transportation and 
Infrastructure Committee.
  Mr. Speaker, the needs are great. Rehabilitating the nation's dams 
will not be cheap but the benefits will be enormous. With over 10,000 
small watershed dams in need of rehabilitation, H.R. 728 takes an 
important and timely first step. We anticipate NRCS and affected local 
communities will undertake cost-effective rehabilitation measures and 
coordinate closely with State dam safety officials. We also anticipate 
that, if funded, this bill will make communities safer and cleaner as 
flooding and sedimentation risks are reduced.
  Mr. Speaker, I support passage of H.R. 728, and urge my colleagues to 
do the same.
  Mr. BOEHLERT. Mr. Speaker, I rise in strong support of H.R. 728, the 
Small Watershed Rehabilitation Amendments of 2000. H.R. 728 authorizes 
the Department of Agriculture, through the Natural Resources 
Conservation Service, to rehabilitate dams constructed as part of their 
small watershed program and other conservation programs.
  This bill also authorizes additional dam safety measures for the 
Corps of Engineers. H.R. 728 requires the Secretary of the Army to 
inventory and assess the condition of certain dams and to take interim 
actions to prevent threats to public safety.
  This bill invests in our nation's aging dam infrastructure. It will 
increase public health and safety and environmental protection. It will 
bring jobs, piece of mind and environmental benefits to communities 
with deteriorating dams.
  The final language, essentially what the Transportation and 
Infrastructure Committee reported last November, is the result of 
extensive input from engineers, construction contractors, environmental 
advocates, dam safety officials, local government representatives, and 
Federal agencies. It includes, among other things, important 
flexibility in defining ``rehabilitation'' so that environmentally 
sound and locally supported options, such as ``decommissioning,'' may 
be considered.
  I congratulate Representative Frank Lucas and his colleagues for 
pursuing this legislation and I thank the Transportation and 
Infrastructure Committee and the Agriculture Committee for their 
cooperation and leadership. In particular, I thank the leadership of 
the Agriculture Committee and Chairman Bud Shuster, Ranking Democrat 
Jim Oberstar, Ranking Democrat of the Water Resources and Environment 
Subcommittee, Representative Bob Borski, for their interest and 
support. From the beginning, our Subcommittee on Water Resources and 
Environment, which I chair, recognized H.R. 728 could help make 
communities safer and cleaner.
  For all these reasons, I urge my colleagues to pass this important, 
critically-needed legislation.
  Mr. WATKINS. Mr. Speaker, I stand before you today in full support of 
H.R. 728, the Small Watershed Rehabilitation Amendments of 1999. Most 
importantly, I want to stress to my colleagues why this piece of 
legislation is vital to so many rural areas of the United States.
  Since the 1940's, over 100,000 small watershed dams have been built 
under USDA programs. Small watershed dams provide great benefit to 
their surrounding areas. These dams provide downstream flood 
protection, water quality improvement, irrigation water, and rural 
water supplies. In flood control alone, the Natural Resources 
Conservation Service and the USDA estimate the small watershed dams 
prevent more than $800 million in damages each year. People can also 
enjoy increased recreation and wildlife habitat.
  The bad news is that many have reached or are rapidly approaching 
their fifty year life span. Numerous structures are in need of 
rehabilitation to ensure the continued environmental and economic 
benefits that our country currently enjoys. Action must be taken to 
prevent the loss of life, water supply, and flood control that these 
dams afford to many rural areas.
  Currently, no funding source exists to restore watershed projects, 
and local sponsors do not have the resources to attempt to save these 
dams. H.R. 728 establishes financial assistance for the assessment and 
rehabilitation of small watershed dams over the next ten years. With 
federal cost sharing, local sponsors will now have the opportunity to 
repair these crucial watersheds.
  The necessity of federal attention to this problem is critical, and I 
thank my friend and Oklahoma colleague Mr. Lucas for his leadership of 
this matter and his support and commitment to the restoration of these 
structures. I call upon my colleagues to recognize the importance of 
this legislation with their support of H.R. 728.
  Mr. LUCAS of Oklahoma. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mr. Miller of Florida). The question is on 
the motion offered by the gentleman from Oklahoma (Mr. Lucas) that the 
House suspend the rules and pass the bill, H.R. 728, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended 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.''.

  A motion to reconsider was laid on the table.

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