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U.S. Code as of:
01/19/04
Section 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.
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