Page:United States Statutes at Large Volume 114 Part 3.djvu/1056

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114 STAT. 2078 PUBLIC LAW 106-472—NOV. 9, 2000 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 struct\u*al 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 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) 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 rightsof-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, suid local permits. "(3) RELATION TO LAND USE AND DEVELOPMENT REGULA- TIONS. —As a condition on entering into an agreement to provide finsuicial 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