16 U.S.C. § 1012 — Rehabilitation of structural measures

Page 1600 TITLE 16—CONSERVATION § 1012 2 So in original. Probably should not be capitalized. 3 So in original. Probably should be ‘‘non-Federal’’. tect the public investment on non-Federal lands, provided such terms and conditions are mutually agreed to by the Secretary and other landowners, State and local governments or both. (d) Applicable law Chapter 63 of title 31 shall not apply to— (1) a watershed restoration and enhancement agreement entered into under this section; or (2) an agreement entered into under section 565a–1 of this title. (e) Reporting requirements Not later than December 31, 1999, the Sec- retary shall submit a report to the Committees on Appropriations of the House and Senate, which contains— (1) A 2 concise description of each project, in- cluding the project purpose, location on fed- eral 1 and non-federal 3 land, key activities, and all parties to the agreement. (2) the funding and/or other contributions provided by each party for each project agree- ment. (Pub. L. 105–277, div. A, § 101(e) [title III, § 323], Oct. 21, 1998, 112 Stat. 2681–231, 2681–290; Pub. L. 107–63, title III, § 330, Nov. 5, 2001, 115 Stat. 471; Pub. L. 109–54, title IV, § 434, Aug. 2, 2005, 119 Stat. 557; Pub. L. 111–11, title III, § 3001, Mar. 30, 2009, 123 Stat. 1126.) Editorial Notes CODIFICATION Section was formerly set out as a note under section 1011 of this title. Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1999, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the Watershed Protection and Flood Pre- vention Act which comprises this chapter. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–11, § 3001(1), substituted ‘‘fiscal year 2006 and each fiscal year thereafter’’ for ‘‘each of fiscal years 2006 through 2011’’. Subsecs. (d), (e). Pub. L. 111–11, § 3001(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e). 2005—Subsec. (a). Pub. L. 109–54 substituted ‘‘each of fiscal years 2006 through 2011’’ for ‘‘fiscal year 1999, 2000 and 2001, and fiscal years 2002 through 2005’’. 2001—Subsec. (a). Pub. L. 107–63 inserted ‘‘and fiscal years 2002 through 2005,’’ before ‘‘to the extent funds are otherwise available’’. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation act: Pub. L. 105–83, title III, § 334, Nov. 14, 1997, 111 Stat. 1601. § 1012. Rehabilitation of structural measures near, at, or past their evaluated life expect- ancy (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) cor- recting damage to the structural measure from a catastrophic event; (C) correcting the deterioration of structural components that are deteriorating at an abnormal rate; (D) up- grading 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 struc- ture, 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 author- ized under the heading ‘‘FLOOD PREVENTION’’ of the Department of Agriculture Appropria- tion Act, 1954 (Public Law 156; 67 Stat. 214). (D) Subtitle H of title XV of the Agri- culture 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 con- structed 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 assist- ance to a local organization to cover a portion of the total costs incurred for the rehabilita- tion of structural measures originally con- structed as part of a covered water resource project. The total costs of rehabilitation in- clude the costs associated with all components of the rehabilitation project, including acqui- sition of land, easements, and rights-of-ways, rehabilitation project administration, the pro- vision of technical assistance, contracting, and construction costs, except that the local organization shall be responsible for securing all land, easements, or rights-of-ways nec- essary 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 par- ticular rehabilitation project shall be equal to 65 percent of the total rehabilitation costs, but not to exceed 100 percent of actual construc- tion costs incurred in the rehabilitation. How- Page 1601 TITLE 16—CONSERVATION § 1012 ever, the local organization shall be respon- sible for the costs of water, mineral, and other resource rights and all Federal, State, and local permits. (3) Relation to land use and development regu- lations As a condition on entering into an agree- ment to provide financial assistance under this subsection, the Secretary, working in concert with the affected unit or units of gen- eral 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 rehabili- tated under the agreement are located so that— (A) the completed rehabilitation project is not quickly rendered inadequate by addi- tional development; and (B) society can realize the full benefits of the rehabilitation investment. (c) Technical assistance for watershed project re- habilitation The Secretary, acting through the Natural Re- sources Conservation Service, may provide tech- nical assistance in planning, designing, and im- plementing 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 oper- ation 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 re- sponsibility of the local organization, as pro- vided 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 Sec- retary and the local organization regarding re- sponsibility for the operation and mainte- nance of the project when the rehabilitation is finished. (e) Application for rehabilitation assistance A local organization may apply to the Sec- retary 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 responsi- bility, by the Governor of the State. The Sec- retary shall request the State dam safety officer (or equivalent State official) to be involved in the application process if State permits or ap- provals are required. The rehabilitation of struc- tural 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 Conserva- tion Service of the Department of Agriculture may assist in preparing applications for assist- ance. (f) Ranking of requests for rehabilitation assist- ance 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 organiza- tions. The approval process shall be in writing, and made known to all local organizations and appropriate State agencies. (g) Prohibition on certain rehabilitation assist- ance The Secretary may not approve a rehabilita- tion 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 Sec- retary shall make available, to remain avail- able 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; (F) $0 for fiscal year 2008; (G) $100,000,000 for fiscal year 2009, to be available until expended; and (H) $250,000,000 for fiscal year 2014, to re- main available until expended. (2) Authorization of appropriations In addition to amounts made available under paragraph (1), there are authorized to be ap- propriated 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 each of fiscal years 2008 through 2023. (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 re- source 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 Page 1602 TITLE 16—CONSERVATION § 1012a under paragraph (2), the Secretary shall pre- pare 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 under- taken using financial assistance provided under this section. (Aug. 4, 1954, ch. 656, § 14, as added Pub. L. 106–472, title III, § 313, Nov. 9, 2000, 114 Stat. 2077; amended Pub. L. 107–171, title II, § 2505, May 13, 2002, 116 Stat. 274; Pub. L. 110–234, title II, § 2803, May 22, 2008, 122 Stat. 1086; Pub. L. 110–246, § 4(a), title II, § 2803, June 18, 2008, 122 Stat. 1664, 1814; Pub. L. 113–79, title II, § 2505, Feb. 7, 2014, 128 Stat. 752; Pub. L. 115–334, title II, § 2401(b), Dec. 20, 2018, 132 Stat. 4570.) Editorial Notes 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, 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 Ta- bles. 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. Subtitle H of title XV of the Act is classified gen- erally to subchapter V (§ 3451 et seq.) of chapter 54 of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2018—Subsec. (h)(2)(E). Pub. L. 115–334 substituted ‘‘2023’’ for ‘‘2018’’. 2014—Subsec. (h)(1)(H). Pub. L. 113–79, § 2505(a), added subpar. (H). Subsec. (h)(2)(E). Pub. L. 113–79, § 2505(b), substituted ‘‘2018’’ for ‘‘2012’’. 2008—Subsec. (h)(1)(G). Pub. L. 110–246, § 2803(a), added subpar. (G). Subsec. (h)(2)(E). Pub. L. 110–246, § 2803(b), substituted ‘‘each of fiscal years 2008 through 2012’’ for ‘‘fiscal year 2007’’. 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 as- sistance 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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. § 1012a. Funding In addition to any other funds made available by this chapter, of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this chapter $50,000,000 for fiscal year 2019 and each fiscal year thereafter. (Aug. 4, 1954, ch. 656, § 15, as added Pub. L. 115–334, title II, § 2401(c), Dec. 20, 2018, 132 Stat. 4570.) CHAPTER 18A—COOPERATIVE WATERSHED MANAGEMENT PROGRAM Sec. 1015. Definitions. 1015a. Program. 1015b. Effect of chapter. § 1015. Definitions In this chapter: (1) Affected stakeholder The term ‘‘affected stakeholder’’ means an entity that significantly affects, or is signifi- cantly affected by, the quality or quantity of water in a watershed, as determined by the Secretary. (2) Disadvantaged community The term ‘‘disadvantaged community’’ means a community (including a city, town, county, or reasonably isolated and divisible segment of a larger municipality) with an an- nual median household income that is less than 100 percent of the statewide annual me- dian household income for the State in which the community is located, according to the most recent decennial census. (3) Grant recipient The term ‘‘grant recipient’’ means a water- shed group that the Secretary has selected to receive a grant under section 1015a(c)(2) of this title. (4) Program The term ‘‘program’’ means the Cooperative Watershed Management Program established by the Secretary under section 1015a(a) of this title. (5) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (6) Watershed group The term ‘‘watershed group’’ means a self- sustaining, cooperative watershed-wide group that— (A) is comprised of representatives of the affected stakeholders of the relevant water- shed; (B) incorporates the perspectives of a di- verse array of stakeholders, including, to the maximum extent practicable— (i) representatives of— (I) hydroelectric production; (II) livestock grazing; (III) timber production;