16 USC 1012 - Rehabilitation of structural measures near, at, or past their evaluated life expectancy

U.S Code last checked for updates: Nov 26, 2024

§ 1012.

Rehabilitation of structural measures near, at, or past their evaluated life expectancy

(a)

Definitions

For purposes of this section:

(1)

Rehabilitation

(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

(b)

Cost share assistance for rehabilitation

(1)

Assistance authorized

(2)

Amount of assistance; limitations

(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

(d)

Prohibited use

(1)

Performance of operation and maintenance

(2)

Renegotiation

(e)

Application for rehabilitation assistance

(f)

Ranking of requests for rehabilitation assistance

(g)

Prohibition on certain rehabilitation assistance

(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;

(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 remain available until expended.

(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 each of fiscal years 2008 through 2023.

(i)

Assessment of rehabilitation needs

(j)

Recordkeeping and reports

(1)

Secretary

(2)

Grant recipients

(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.)

cite as: 16 USC 1012