§ 1012. — Rehabilitation of structural measures near, at, or past their evaluated life expectancy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1012]
TITLE 16--CONSERVATION
CHAPTER 18--WATERSHED PROTECTION AND FLOOD PREVENTION
Sec. 1012. 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 chapter.
(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) of this section, 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) Funding
(1) Funds of Commodity Credit Corporation
In carrying out this section, of the funds of the Commodity
Credit Corporation, the Secretary shall make available, to remain
available until expended--
(A) $45,000,000 for fiscal year 2003;
(B) $50,000,000 for fiscal year 2004;
(C) $55,000,000 for fiscal year 2005;
(D) $60,000,000 for fiscal year 2006;
(E) $65,000,000 for fiscal year 2007; and
(F) $0 for fiscal year 2008.
(2) Authorization of appropriations
In addition to amounts made available under paragraph (1), there
are authorized to be appropriated to the Secretary to carry out this
section, to remain available until expended--
(A) $45,000,000 for fiscal year 2003;
(B) $55,000,000 for fiscal year 2004;
(C) $65,000,000 for fiscal year 2005;
(D) $75,000,000 for fiscal year 2006; and
(E) $85,000,000 for fiscal year 2007.
(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.
(Aug. 4, 1954, ch. 656, Sec. 14, as added Pub. L. 106-472, title III,
Sec. 313, Nov. 9, 2000, 114 Stat. 2077; amended Pub. L. 107-171, title
II, Sec. 2505, May 13, 2002, 116 Stat. 274.)
References in Text
Section 13 of the Act of December 22, 1944, referred to in subsec.
(a)(2)(B), is section 13 of act Dec. 22, 1944, ch. 665, 58 Stat. 905, as
amended, which is not classified to the Code.
The Department of Agriculture Appropriation Act, 1954, referred to
in subsec. (a)(2)(C), is act July 28, 1953, ch. 251, 67 Stat. 205.
Provisions under the heading ``Flood Prevention'' are not classified to
the Code. For complete classification of this Act to the Code, see
Tables.
The Agriculture and Food Act of 1981, referred to in subsec.
(a)(2)(D), is Pub. L. 97-98, Dec. 22, 1981, 95 Stat. 1213, as amended.
Subtitle H of title XV of the Act is classified generally to subchapter
V (Sec. 3451 et seq.) of chapter 54 of this title. For complete
classification of this Act to the Code, see Tables.
Amendments
2002--Subsec. (h). Pub. L. 107-171 added subsec. (h) and struck out
heading and text of former subsec. (h). Text read as follows: ``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.''
