
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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) 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.

(Aug. 4, 1954, ch. 656, Sec. 14, as added Pub. L. 106-472, title III, 
Sec. 313, Nov. 9, 2000, 114 Stat. 2077.)

                       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.
