S 2238 ISCommentsClose CommentsPermalink

To amend the National Dam Safety Program Act to establish a program to provide grant assistance to States for the rehabilitation and repair of deficient dams.CommentsClose CommentsPermalink

October 25, 2007

Mr. AKAKA (for himself, Mr. VOINOVICH, Mr. SCHUMER, Mr. INOUYE, and Mr. SPECTER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

To amend the National Dam Safety Program Act to establish a program to provide grant assistance to States for the rehabilitation and repair of deficient dams.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Dam Rehabilitation and Repair Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS.

(a) Definitions- Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), and (13) as paragraphs (4), (5), (6), (7), (8), (9), (10), (13), (14), (15), and (16), respectively;CommentsClose CommentsPermalink





(2) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink





`(3) DEFICIENT DAM- The term `deficient dam' means a dam that the State within the boundaries of which the dam is located determines--CommentsClose CommentsPermalink





`(A) fails to meet minimum dam safety standards of the State; andCommentsClose CommentsPermalink





`(B) poses an unacceptable risk to the public.'; andCommentsClose CommentsPermalink





(3) by inserting after paragraph (10) (as redesignated by paragraph (1)) the following:CommentsClose CommentsPermalink





`(11) PUBLICLY-OWNED DAM-CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `publicly-owned dam' means a dam that is owned by 1 or more State agencies or governments, local governments, or municipal governments.CommentsClose CommentsPermalink





`(B) INCLUSIONS- The term `publicly-owned dam' includes a dam owned by a nonprofit organization that--CommentsClose CommentsPermalink





`(i) is established by 1 or more State, local, or municipal governments; andCommentsClose CommentsPermalink





`(ii) provides public benefits, such as--CommentsClose CommentsPermalink





`(I) local flood control districts;CommentsClose CommentsPermalink





`(II) regional public water utilities; andCommentsClose CommentsPermalink





`(III) local irrigation districts.CommentsClose CommentsPermalink





`(12) REHABILITATION- The term `rehabilitation' means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety and security standards.'.CommentsClose CommentsPermalink





(b) Program for Rehabilitation and Repair of Deficient Dams- The National Dam Safety Program Act is amended by inserting after section 8 (33 U.S.C. 467f) the following:CommentsClose CommentsPermalink

`SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.

`(a) Establishment of Program- The Director shall establish, within FEMA, a program to provide grant assistance to States for use in rehabilitation of deficient dams that are publicly-owned dams.CommentsClose CommentsPermalink





`(b) Award of Grants-CommentsClose CommentsPermalink





`(1) APPLICATION-CommentsClose CommentsPermalink





`(A) IN GENERAL- A State interested in receiving a grant under this section may submit to the Director an application for the grant.CommentsClose CommentsPermalink





`(B) REQUIREMENTS- An application submitted to the Director under this section shall be submitted at such time, be in such form, and contain such information as the Director may prescribe by regulation.CommentsClose CommentsPermalink





`(2) GRANT-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Director may make a grant in accordance with this section for rehabilitation of a deficient dam to a State that submits an application for the grant in accordance with the regulations prescribed by the Director.CommentsClose CommentsPermalink





`(B) PROJECT GRANT AGREEMENT- The Director shall enter into a project grant agreement with the State to establish the terms of the grant and the project, including the amount of the grant.CommentsClose CommentsPermalink





`(3) APPLICABILITY OF REQUIREMENTS- The Director shall require a State receiving a grant under this section to comply with requirements applicable to contributions of Federal funds under section 611(j)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(9)), as in effect on the date of enactment of this section, in carrying out a project funded using amounts from the grant.CommentsClose CommentsPermalink





`(c) Priority System- The Director, in consultation with the Board, shall develop a risk-based priority system for use in identifying deficient dams for which grants may be made under this section.CommentsClose CommentsPermalink





`(d) Allocation of Funds- The total amount of funds appropriated pursuant to subsection (h)(1) for a fiscal year shall be allocated for making grants under this section to States applying for the grants for that fiscal year as follows:CommentsClose CommentsPermalink





`(1) 1/3 divided equally among applying States.CommentsClose CommentsPermalink





`(2) 2/3 divided among applying States based on the proportion that--CommentsClose CommentsPermalink





`(A) the number of non-Federal publicly-owned dams that the Secretary of the Army identifies in the national inventory of dams maintained under section 6 as constituting a danger to human health and that are located within the boundaries of the State; bears toCommentsClose CommentsPermalink





`(B) the number of non-Federal publicly-owned dams that are so identified and that are located within the boundaries of all applying States.CommentsClose CommentsPermalink





`(e) Use of Funds- None of the funds provided in the form of a grant or otherwise made available under this section shall be used--CommentsClose CommentsPermalink





`(1) to rehabilitate a Federal dam;CommentsClose CommentsPermalink





`(2) to perform routine operation or maintenance of a dam;CommentsClose CommentsPermalink





`(3) to modify a dam to produce hydroelectric power;CommentsClose CommentsPermalink





`(4) to increase water supply storage capacity; orCommentsClose CommentsPermalink





`(5) to make any other modification to a dam that does not also improve the safety of the dam.CommentsClose CommentsPermalink





`(f) Cost Sharing- The Federal share of the cost of rehabilitation of a deficient dam for which a grant is made under this section may not exceed 65 percent of the cost of the rehabilitation.CommentsClose CommentsPermalink





`(g) Contractual Requirements-CommentsClose CommentsPermalink





`(1) IN GENERAL- Subject to paragraph (2), as a condition on the receipt of a grant under this section, a State that receives the grant shall require that each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services entered into using funds from the grant be awarded in the same manner as a contract for architectural and engineering services is awarded under--CommentsClose CommentsPermalink





`(A) chapter 11 of title 40, United States Code; orCommentsClose CommentsPermalink





`(B) an equivalent qualifications-based requirement prescribed by the State.CommentsClose CommentsPermalink





`(2) NO PROPRIETARY INTEREST- A contract awarded in accordance with paragraph (1) shall not be considered to confer a proprietary interest upon the United States.CommentsClose CommentsPermalink





`(h) Authorization of Appropriations-CommentsClose CommentsPermalink





`(1) IN GENERAL- There are authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink





`(A) $10,000,000 for fiscal year 2008;CommentsClose CommentsPermalink





`(B) $15,000,000 for fiscal year 2009;CommentsClose CommentsPermalink





`(C) $25,000,000 for fiscal year 2010;CommentsClose CommentsPermalink





`(D) $50,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink





`(E) $100,000,000 for fiscal year 2012.CommentsClose CommentsPermalink





`(2) STAFF- There is authorized to be appropriated to provide for the employment of such additional staff of FEMA as are necessary to carry out this section $400,000 for each of fiscal years 2008 through 2010.CommentsClose CommentsPermalink





`(3) PERIOD OF AVAILABILITY- Amounts made available under this section shall remain available until expended.'.CommentsClose CommentsPermalink

SEC. 3. RULEMAKING.

(a) Proposed Rulemaking- Not later than 90 days after the date of enactment of this Act, the Director of the Federal Emergency Management Agency shall issue a notice of proposed rulemaking regarding the amendments made by section 2 to the National Dam Safety Program Act (33 U.S.C. 467 et seq.).CommentsClose CommentsPermalink





(b) Final Rule- Not later than 120 days after the date of enactment of this Act, the Director of the Federal Emergency Management Agency shall promulgate a final rule regarding the amendments described in subsection (a).CommentsClose CommentsPermalink