[Congressional Record (Bound Edition), Volume 146 (2000), Part 16]
[Senate]
[Pages 23915-23916]
[From the U.S. Government Publishing Office, www.gpo.gov]



               SMALL WATERSHED REHABILITATION ACT OF 1999

  Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent 
that the Senate now proceed to the consideration of Calendar No. 798, 
S. 1762.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 4339

  Mr. SMITH of New Hampshire. Senator Harkin has an amendment at the 
desk, and I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New Hampshire [Mr. Smith], for Mr. Harkin, 
     proposes an amendment numbered 4339.

  The amendment is as follows:
       On page 2, line 5, strike ``1999'' and insert ``2000''.
       On page 8, lines 6 and 7, strike ``no benefit-cost'' and 
     all that follows through ``be required'' and insert ``a 
     benefit-cost ratio greater than 1 shall not be required''.
       On page 8, line 20, after the period, insert the following: 
     ``In establishing a system of approving rehabilitation 
     requests, the Secretary shall give requests made by eligible 
     local organizations for decommissioning as the form of 
     rehabilitation the same priority as requests made by eligible 
     local organizations for other forms of rehabilitation.''.
       On page 8, strike lines 21 through 25 and insert the 
     following:
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to provide 
     financial and technical assistance under this section--
       ``(1) $10,000,000 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.
       On page 9, line 3, strike ``2000 and 2001'' and insert 
     ``2001 and 2002''.

  Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent 
that the amendment be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4339) was agreed to.
  Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent 
the bill, as amended, be read the third time and passed, the motion to 
reconsider be laid upon the table, and any statements relating to the 
bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1762), as amended, was read the third time and passed as 
follows:

                                S. 1762

       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 2000''.

     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

[[Page 23916]]

     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, a benefit-cost ratio greater than 1 shall not 
     be required. The benefits of and the requirements for the 
     rehabilitation project shall be documented to ensure the wise 
     and responsible use of Federal funds.
       ``(g) Ranking of Requests for Rehabilitation Assistance.--
     The Secretary shall establish such system of approving 
     rehabilitation requests, recognizing that such requests will 
     be received throughout the fiscal year and subject to the 
     availability of funds to carry out this section, as is 
     necessary for proper administration by the Department of 
     Agriculture and equitable for all eligible local 
     organizations. The approval process shall be in writing, and 
     made known to all eligible local organizations and 
     appropriate State agencies. In establishing a system of 
     approving rehabilitation requests, the Secretary shall give 
     requests made by eligible local organizations for 
     decommissioning as the form of rehabilitation the same 
     priority as requests made by eligible local organizations for 
     other forms of rehabilitation.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to provide 
     financial and technical assistance under this section--
       ``(1) $10,000,000 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.--Of the amount 
     appropriated pursuant to subsection (h) for fiscal years 2001 
     and 2002, $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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