Technical Resources

The Watershed Protection and Flood Prevention Act

Updated 05/25/2005

SEC. 14. Rehabilitation of Structural Measures Near, At, Or Past Their Evaluated Life Expectancy.

http://www.currentlegal.com/LegalNews/uspl1998/106-472.html

USPL106472

-CITE-
Pub. L. 106-472

-HEADINGS-
One Hundred Sixth Congress
of the
United States of America
at the second session

Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand

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.".