text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``The Small Watershed Rehabilitation 
  Amendments of 1998''.
  
  SEC. 2. 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, or (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.
              ``(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) Eligible local organization.--The term `eligible 
          local organization' means a local organization or appropriate 
          State agency responsible for the operation and maintenance of 
          structural measures constructed as part of a covered water 
          resource project.
              ``(4) Structural measure.--The term ``structural measure'' 
          means a physical improvement that impounds water and was 
          constructed as part of a covered water resource project.
      ``(b) Cost Share Assistance For Rehabilitation.--
              ``(1) Amount and use.--The Secretary may provide financial 
          assistance to an eligible local organization to assist the 
          local organization with the rehabilitation of structural 
          measures originally constructed as part of a covered water 
          resource project. The amount of the financial assistance for a 
          particular rehabilitation project may not exceed 65 percent of 
          the total rehabilitation costs for the structural measures 
          included in the rehabilitation project. The total costs of 
          rehabilitation may include financial assistance to pay for 
          costs associated with the rehabilitation project, including 
          land, easements, and rights-of-ways costs, costs of water, 
          mineral and other resource rights, rehabilitation project 
          administration, and contracting.
              ``(2) 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 eligible local organization, 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 may provide technical assistance in planning, designing, 
  and implementing rehabilitation projects should an eligible 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 eligible 
          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 eligible local organization regarding 
          responsibility for the operation and maintenance of the 
          project.
      ``(e) Application For Rehabilitation Assistance.--An eligible 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. Personnel of the Natural Resources 
  Conservation Service of the Department of Agriculture shall assist in 
  preparing applications for assistance.
      ``(f) Justification For Rehabilitation Assistance.--In order to 
  qualify for technical or financial assistance under this authority, the 
  Secretary shall require the rehabilitation project to be performed in 
  the most cost-effective manner that accomplishes the rehabilitation 
  objective. Since the requirements for accomplishing the rehabilitation 
  are generally for public health and safety reasons, in many instances 
  being mandated by other State or Federal laws, benefit-cost analysis 
  and a positive benefit cost-ratio will not be required. The benefits of 
  and the requirements for the rehabilitation project shall be documented 
  to ensure the wise and responsible use of Federal funds.
      ``(g) 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 eligible local 
  organizations. The approval process shall be in writing, and made known 
  to all eligible local organizations and appropriate State agencies.
      ``(h) Authorization of Appropriations.--There are authorized to be 
  appropriated $60,000,000 for each of the fiscal years 1999 through 2008 
  to carry out this section.
      ``(i) Assessment of Rehabilitation Needs.--Of the amount 
  appropriated pursuant to subsection (h) for both fiscal year 1999 and 
  2000, $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) Reports.--The Secretary shall submit an annual report to 
  Congress providing the status of activities conducted under this 
  section. An eligible local organization that receives rehabilitation 
  assistance shall make an annual report to the Secretary giving the 
  status of any rehabilitation effort undertaken using financial 
  assistance provided under this section.''.
target: Small Watershed Rehabilitation Amendments of 1998 - Amends the Watershed Protection and Flood Prevention Act to authorize the Secretary of Agriculture to provide financial assistance to an eligible local organization for the rehabilitation of structural measures originally constructed as part of a covered water resource project.  Limits the amount of such assistance to 65 percent of total rehabilitation costs. 
  Authorizes the Secretary to provide technical assistance to a requesting organization in planning, designing, and implementing rehabilitation projects. 
  Prohibits any assistance authorized under this Act from being used to perform operation and maintenance activities. 
  Outlines assistance application requirements.  Directs the Secretary to establish a system of approving rehabilitation assistance requests from eligible organizations equitably. 
  Authorizes appropriations for FY 1999 through 2008.  Earmarks funds authorized for the first two fiscal years for an assessment by the Secretary of the rehabilitation needs of covered projects.
feat_title: Small Watershed Rehabilitation Amendments of 1998