House Report 106-484, Part 1 - 106th Congress (1999-2000)
November 18, 1999, As Reported by the Transportation and Infrastructure Committee

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House Report 106-484 - SMALL WATERSHED REHABILITATION AMENDMENTS OF 1999




[House Report 106-484]
[From the U.S. Government Printing Office]






106th Congress                                            Rept. 106-484
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

=======================================================================




 
           SMALL WATERSHED REHABILITATION AMENDMENTS OF 1999

                                _______
                                

               November 18, 1999.--Ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 728]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred 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, having considered the same, 
report favorably thereon with amendments and recommend that the 
bill as amended do pass.
  The amendments are as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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.

                          Summary and Purpose

    H.R. 728, ``The Small Watershed Rehabilitation Amendments 
of 1999,'' was introduced by Representative Frank Lucas of 
Oklahoma on February 11, 1999 and was referred to the Committee 
on Agriculture, and in addition, the Committees on Resources, 
and Transportation and Infrastructure.
    The purpose of H.R. 728, ``The Small Watershed 
Rehabilitation Amendments of 1999,'' is to assist local 
organizations in the identification and rehabilitation of dams 
(built under certain federal programs) that are near the end of 
their service life and no longer meet safety and performance 
standards. Title I establishes a program to provide assistance 
through the Secretary of Agriculture for rehabilitation of dams 
previously constructed with assistance from the Secretary. The 
Secretary of Agriculture is authorized to provide technical 
assistance to local organizations and to share in the cost of 
the rehabilitation. Title II of the bill directs the Secretary 
of the Army to inventory and assess the condition of dams built 
under certain federal assistance programs during the Great 
Depression and report to Congress. Where there is an imminent 
and substantial risk to public safety, the Secretary may carry 
out a project to reduce the risk.

                  Background and Need for Legislation

    Under current law, the Secretary of Agriculture, acting 
through the Natural Resources Conservation Service (NRCS), 
whose predecessor was the Soil Conservation Service, is 
authorized to provide technical and financial assistance to 
local organizations in planning and carrying out small 
watershed projects for flood protection, agricultural water 
management, recreation, municipal and industrial water supply, 
and wildlife enhancement. Since 1948, thousands of small dams 
have been constructed and turned over to local organizations to 
operate and maintain. Many of the over 10,000 dams built under 
such authority are reaching the end of their 50-year design 
life and are in need of rehabilitation. Others are in areas 
that have experienced demographic changes that are inconsistent 
with the original design criteria so that some now pose a 
threat to public health and safety.
    The Secretary of Agriculture does not have authority to 
begin a program to rehabilitate the NRCS dams that are not 
functioning as intended, or as currently needed. H.R. 728 
provides the Secretary the authority to rehabilitate these dams 
as appropriate on a limited and programmatic basis.
    During the 1930's and 1940's, a large number of dams and 
reservoirs were built with federal assistance under the Works 
Progress Administration, Works Projects Administration, and the 
Civilian Conservation Corps. These ranged in size from small 
farm ponds to large multipurpose reservoirs. The programs that 
built them no longer exist and the dams are currently believed 
to be under the management of numerous federal, state, 
municipal, and private jurisdictions. There has not been a 
recent inventory or assessment of this category of structures; 
however, some have suggested that given their age, many of 
these dams may be in need of rehabilitation.
    An inventory and assessment of these Depression-era dams 
will assist in determining their current status and the need 
for a rehabilitation program. H.R. 728 provides for the 
Secretary of the Army to accomplish an inventory and assessment 
as well as to take immediate corrective action where imminent 
and substantial risk to public safety is discovered. A report 
to Congress by the Secretary will provide the basis for 
decisions regarding future legislation.

      Discussion of Committee Bill and Section-by-Section Analysis


Section 1. Short Title

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

                      title i--dam rehabilitation

Section 101. Rehabilitation of water resources structural measures 
        constructed under certain Department of Agriculture programs

    This section amends the Watershed Protection and Flood 
Prevention Act (16 U.S.C. 1001 et seq.) by adding a new section 
14 titled ``Rehabilitation of Structural Measures Near, At or 
Past Their Evaluated Life Expectancy.'' The new section has the 
following subsections:
    (a) Definitions.--Subsection (a) provides the following 
definitions: (1) ``Rehabilitation'' means completion of work 
necessary to extend the service life of a structure and to meet 
safety and performance standards, (2) ``Covered Water Resources 
Project'' means a work of improvement carried out by the 
Secretary of Agriculture under any of four specified 
authorities, and (3) ``Structural Measure'' means a dam, 
including the impoundment area and flood pool. The Committee 
modified the definition of rehabilitation to include 
decommissioning, if such decommissioning is requested by the 
local organization. Decommissioning could result in a dam being 
taken out of active service or removed.
    (b) Cost Share Assistance for Rehabilitation.--This 
subsection authorizes the Secretary of Agriculture to provide 
financial assistance to a local organization for rehabilitation 
of structures (usually dams) constructed as part of a covered 
water resources project. The amount of the federal assistance 
is limited to 65 percent of the total rehabilitation. The 
Secretary of Agriculture, working in concert with the affected 
unit or units of general purpose local government, may require 
that proper local zoning and other development regulations are 
in place as a condition for assistance.
    (c) Technical Assistance for Watershed Project 
Rehabilitation.--This subsection authorizes technical 
assistance to local organizations in planning, designing, and 
implementing rehabilitation projects.
    (d) Prohibited Use.--This subsection states that operation 
and maintenance of rehabilitated projects shall be a non-
federal responsibility and that the Secretary of Agriculture 
may renegotiate the original agreement for the project with the 
local organization regarding operation and maintenance when the 
rehabilitation is finished.
    (e) Application for Rehabilitation Assistance.--This 
subsection sets down the procedures for a local organization to 
apply to the Secretary of Agriculture for assistance.
    (f) Ranking of Requests for Rehabilitation Assistance.--
This subsection directs the Secretary of Agriculture to 
establish a system for ranking potential projects.
    (g) Prohibition of Certain Rehabilitation Assistance.--This 
subsection prohibits the Secretary from providing assistance 
under this section if the need for rehabilitation is the result 
of a lack of adequate maintenance.
    (h) Authorization of Appropriations.--For purposes of 
providing assistance under this section, subsection (h) 
authorizes $60,000,000 for each of ten years beginning in FY 
2000.
    (i) Assessment of Rehabilitation Needs.--Subsection (i) 
directs the Secretary of Agriculture, in concert with 
responsible State agencies, to conduct an assessment of the 
rehabilitation needs in all States. For this purpose, 
$5,000,000 is authorized for use by the Secretary from the 
amounts authorized for appropriation in subsection (h) for each 
of fiscal years 2000 and 2001.
    (j) Recordkeeping and Reports.--This subsection requires 
the Secretary of Agriculture to maintain a data base and to 
submit an annual report to Congress. Also, local organizations 
receiving assistance must report the status of rehabilitation 
efforts to the Secretary.

                          title ii--dam safety

Section 201. Dam safety

    (a) Inventory and Assessment of Other Dams.--This 
subsection directs the Secretary of the Army to inventory dams 
constructed by the Works Progress Administration, the Works 
Projects Administration, and the Civilian Conservation Corps 
and to assess the condition of the dams.
    (b) Report to Congress.--A report to Congress by the 
Secretary of the Army is required in two years.
    (c) Interim Actions.--Subsection (c) provides that where 
the Secretary of the Army determines that a dam presents an 
imminent and substantial risk to public safety, the Secretary 
is authorized to carry out measures to address the risk. These 
measures could include removal of a structure where appropriate 
and where requested by the non-federal interest. The federal 
cost share of such assistance will be 65 percent. A total of 
$30,000,000 is authorized of which not more than $5,000,000 may 
be expended on any one dam. This assistance is not authorized 
for dams under the jurisdiction of the Department of the 
Interior.
    (d) Coordination.--This subsection requires the Secretary 
of the Army to coordinate with the appropriate dam safety 
officials and the Director of the Federal Emergency Management 
Agency in carrying out this section.

                                Hearings

    On September 24, 1999, the Subcommittee on Water Resources 
and Environment of the Transportation and Infrastructure 
Committee held a hearing on H.R. 728. Witnesses included Rep. 
Frank Lucas and the NRCS of the Department of Agriculture. In 
addition, the Subcommittee on General Farm Commodities, 
Resources Conservation and Credit of the Committee on 
Agriculture held a hearing on H.R. 728 on April 15, 1999.

                        Committee Consideration

    On November 8, 1999, the Subcommittee on Water Resources 
and Environment approved by voice vote, H.R. 728, with an en 
bloc amendment offered by Rep. Sherwood Boehlert. The amendment 
included adding decommissioning as an option for rehabilitating 
NRCS dams, and included a new title for the bill that addresses 
the condition of dams built during the Depression era. On 
November 10, 1999, the Committee on Transportation and 
Infrastructure approved by voice vote a motion to report the 
bill as amended. The Agriculture Committee marked up H.R. 728 
on October 27, 1999, making several amendments.

                             Rollcall Votes

    There were no rollcall votes in the Committee.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform on the 
subject of H.R. 728.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 728 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 17, 1999.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 728, the Small 
Watershed Rehabilitation Amendments of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Megan 
Carroll (for federal costs) and Marjorie Miller (for the impact 
on state, local, and tribal governments).
            Sincerely,
                                            Steve Lieberman
                                    (For Dan L. Crippen, Director).
    Enclosure.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 728--Small Watershed Rehabilitation Amendments of 1999

    Summary: Based on information from the Natural Resources 
Conservation Service (NRCS) and the Army Corps of Engineers 
(the Corps), CBO estimates that implementing H.R. 728 would 
cost $401 million over the 2000-2004 period, assuming 
appropriation of the amounts specified in the bill. The bill 
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply. H.R. 728 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA). State and local 
governments probably would incur some costs to match the grants 
authorized by this bill, but these costs would be voluntary.
    Local watershed project sponsors, assisted by the NRCS, 
have constructed over 10,000 watershed projects under the Small 
Watershed Program. Title I of H.R. 728 would authorize the 
Secretary of Agriculture, acting through the NRCS, to assist 
local project sponsors in rehabilitating those projects and 
would authorize the appropriation of $60 million a year over 
the 2000-2009 period for that purpose. Title II of H.R. 728 
would authorize the Secretary of the Army to establish an 
inventory of dams constructed with federal assistance to assess 
needs for rehabilitation or modification and to report to the 
Congress on the condition of such dams within two years. 
Starting in fiscal year 2000, the bill would authorize an 
annual appropriation of $30 million for the Corps to conduct 
the assessment and to provide assistance to local organizations 
to rehabilitate dams that are determined to pose significant 
risks to public safety.
    Estimated cost to the Federal Government: For purposes of 
this estimate, CBO assumes that H.R. 728 will be enacted early 
in fiscal year 2000 and that funding will be provided as 
authorized by the bill. Estimates of outlays are based on 
historical spending patterns for similar programs. In 2000, no 
funds have beenappropriated to NRCS or to the Corps for 
activities authorized under H.R. 728. The estimated budgetary impact of 
H.R. 728 is shown in the following table. The costs of this legislation 
fall within budget function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year in millions of dollars--
                                                               -------------------------------------------------
                                                                  2000      2001      2002      2003      2004
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Authorization level...........................................        90        90        90        90        90
Estimated outlays.............................................        57        77        87        90        90
----------------------------------------------------------------------------------------------------------------

    Pay-as-you-go considerations: None.
    Estimated impact on state, local, and tribal governments: 
H.R. 728 contains no intergovernmental mandates as defined in 
UMRA. State and local governments would probably incur some 
costs to match the grants authorized by this bill, but these 
costs would be voluntary. The bill would require recipients to 
fund at least 35 percent of the total costs of assisted 
projects.
    Estimated impact on the private sector: This bill contains 
no new private-sector mandates as defined in UMRA.
    Previous CBO estimate: On November 3, 1999, CBO transmitted 
a cost estimate for H.R. 728 as ordered reported by the House 
Committee on Agriculture on October 27, 1999. The Agriculture 
Committee's version of the bill did not include the provisions 
related to the dam safety program that would be authorized 
under title II of the Transportation and Infrastructure 
Committee's versions of the legislation. The difference in the 
two cost estimates for this legislation reflects the additional 
cost of the dam safety program.
    Estimate prepared by: Federal costs: Megan Carroll; impact 
on state, local, and tribal governments: Marjorie Miller.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4)

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1)

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

    SECTION 14 OF THE WATERSHED PROTECTION AND FLOOD PREVENTION ACT


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.