[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3602 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3602

     To reduce the hazards of dam failures, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 1996

  Mr. Zeliff (for himself, Mr. Pete Geren of Texas, Mr. Clinger, Mr. 
  Ehlers, Mr. Emerson, and Mr. Coble) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
     To reduce the hazards of dam failures, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Dam Safety Program Act of 
1996''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Dams are an essential part of the national 
        infrastructure. Dams fail from time to time with catastrophic 
        results; thus, dam safety is a vital public concern.
            (2) Dam failures have caused, and can cause in the future, 
        enormous loss of life, injury, destruction of property, and 
        economic and social disruption.
            (3) Some dams are at or near the end of their structural, 
        useful, or operational life. With respect to future dam 
        failures, the loss, destruction, and disruption can be 
        substantially reduced through the development and 
        implementation of dam safety hazard reduction measures, 
        including--
                    (A) improved design and construction standards and 
                practices supported by a national dam performance 
                resource bank;
                    (B) safe operations and maintenance procedures;
                    (C) early warning systems;
                    (D) coordinated emergency preparedness plans; and
                    (E) public awareness and involvement programs.
            (4) Dam safety problems persist nationwide. The diversity 
        in Federal and State dam safety programs calls for national 
        leadership in a cooperative effort involving Federal and State 
        governments and the private sector. An expertly staffed and 
        adequately financed dam safety hazard reduction program, based 
        on Federal, State, local, and private research, planning, 
        decisionmaking, and contributions, would reduce the risk of 
        such loss, destruction, and disruption from dam failure by an 
        amount far greater than the cost of such program.
            (5) There is a fundamental need for a national dam safety 
        program and the need will continue. An effective national 
        program in dam safety hazards reduction will require input from 
        and review by Federal and non-Federal experts in dams design, 
        construction, operation, and maintenance and in the practical 
        application of dam failure hazards reduction measures. At the 
        present time, there is no national dam safety program.
            (6) The coordinating authority for national leadership is 
        provided through the Federal Emergency Management Agency's 
        (hereinafter in this Act referred to as ``FEMA'') dam safety 
        program through Executive Order 12148 in coordination with 
        appropriate Federal agencies and the States.
            (7) While FEMA's dam safety program shall continue as a 
        proper Federal undertaking and shall provide the foundation for 
        a National Dam Safety Program, statutory authority to meet 
        increasing needs and to discharge Federal responsibilities in 
        national dam safety is needed.
            (8) Statutory authority will strengthen FEMA's leadership 
        role, will codify the national dam safety program, and will 
        authorize the Director of FEMA (hereinafter in this Act 
        referred to as the ``Director'') to communicate directly with 
        Congress on authorizations and appropriations and to build upon 
        the hazard reduction aspects of national dam safety.

SEC. 3. PURPOSE.

    It is the purpose of this Act to reduce the risks to life and 
property from dam failure in the United States through the 
establishment and maintenance of an effective national dam safety 
program which will bring together the Federal and non-Federal 
communities' expertise and resources to achieve national dam safety 
hazard reduction. It is not the intent of this Act to preempt any other 
Federal or State authorities nor is the intent of this Act to mandate 
State participation in the grant assistance program to be established 
under this Act. This Act does not apply to levees.

SEC. 4. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Federal agency.--The term ``Federal agency'' means any 
        Federal agency that designs, finances, constructs, owns, 
        operates, maintains, or regulates the construction, operation, 
        or maintenance of any dam.
            (2) Non-federal agency.--The term ``non-Federal agency'' 
        means any State agency that has regulatory authority over the 
        safety of non-Federal dams.
            (3) Federal guidelines for dam safety.--The term ``Federal 
        Guidelines for Dam Safety'' refers to a FEMA publication number 
        93, dated June 1979, which defines management practices for dam 
        safety at all Federal agencies.
            (4) Program.--The term ``program'' means the national dam 
        safety program established under section 6.
            (5) Dam.--The term ``dam'' means any artificial barrier 
        with the ability to impound water, wastewater, or liquid-borne 
        materials for the purpose of storage or control of water which 
        is--
                    (A) 25 feet or more in height from (i) the natural 
                bed of the stream or watercourse measured at the 
                downstream toe of the barrier, or (ii) from the lowest 
                elevation of the outside limit of the barrier if the 
                barrier is not across a stream channel or watercourse, 
                to the maximum water storage elevation; or
                    (B) has an impounding capacity for maximum storage 
                elevation of 50 acre-feet or more.
        Such term does not include any such barrier which is not 
        greater than 6 feet in height regardless of storage capacity or 
        which has a storage capacity at maximum water storage elevation 
        not greater than 15 acre-feet regardless of height, unless such 
        barrier, due to its location or other physical characteristics, 
        is likely to pose a significant threat to human life or 
        property in the event of its failure.
            (6) Hazard reduction.--The term ``hazard reduction'' means 
        those efforts utilized to reduce the potential consequences of 
        dam failure to life and property.
            (7) State.--The term ``State'' means each of the 50 States 
        of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, and 
        any other territory or possession of the United States.
            (8) Participating state.--The term ``participating State'' 
        means any State that elects to participate in the grant 
        assistance program established under this Act.
            (9) United states.--The term ``United States'' means, when 
        used in a geographical sense, all of the States.
            (10) Model state dam safety program.--The term ``Model 
        State Dam Safety Program'' refers to a document, published by 
        FEMA (No. 123, dated April 1987) and its amendments, developed 
        by State dam safety officials, which acts as a guideline to 
        State dam safety agencies for establishing a dam safety 
        regulatory program or improving an already-established program.

SEC. 5. NATIONAL DAM SAFETY PROGRAM.

    (a) Authority.--The Director, in consultation with appropriate 
Federal agencies, State dam safety agencies, and the national review 
board established by subsection (e)(3), shall establish and maintain, 
in accordance with the provisions and policies of this Act, a 
coordinated national dam safety program. This program shall--
            (1) be administered by FEMA to achieve the objectives set 
        forth in subsection (c);
            (2) involve, where appropriate, the Departments of 
        Agriculture, Defense, Energy, Interior, and Labor, the Federal 
        Energy Regulatory Commission, the Nuclear Regulatory 
        Commission, the International Boundaries Commission (United 
        States section), the Tennessee Valley Authority, and FEMA; and
            (3) include each of the components described in subsection 
        (d), the implementation plan described in subsection (e), and 
        the assistance for State dam safety programs to be provided 
        under this Act.
    (b) Duties.--The Director--
            (1) within 270 days after the date of the enactment of this 
        Act, shall develop the implementation plan described in 
        subsection (e);
            (2) within 300 days after such date of enactment, shall 
        submit to the appropriate authorizing committees of Congress 
        the implementation plan described in subsection (e); and
            (3) by rule within 360 days after such date of enactment--
                    (A) shall develop and implement the national dam 
                safety program under this section;
                    (B) shall establish goals, priorities, and target 
                dates for implementation of the program; and
                    (C) shall provide a method for cooperation and 
                coordination with, and assistance to (as feasible), 
                interested governmental entities in all States.
    (c) Objectives.--The objectives of the national dam safety program 
are as follows:
            (1) To ensure that new and existing dams are safe through 
        the development of technologically and economically feasible 
        programs and procedures for national dam safety hazard 
        reduction.
            (2) To encourage acceptable engineering policies and 
        procedures used for dam site investigation, design, 
        construction, operation and maintenance, and emergency 
        preparedness.
            (3) To encourage establishment and implementation of 
        effective dam safety programs in each participating State based 
        on State standards.
            (4) To develop and encourage public awareness projects to 
        increase public acceptance and support of State dam safety 
        programs.
            (5) To develop technical assistance materials for Federal 
        and non-Federal dam safety programs.
            (6) To develop mechanisms with which to provide Federal 
        technical assistance for dam safety to the non-Federal sector.
    (d) Components.--
            (1) In general.--The national dam safety program shall 
        consist of a Federal element and a non-Federal element and 3 
        functional activities: leadership, technical assistance, and 
        public awareness.
            (2) Elements.--
                    (A) Federal element.--The Federal element of the 
                program incorporates all the activities and practices 
                undertaken by Federal agencies to implement the Federal 
                Guidelines for Dam Safety.
                    (B) Non-federal element.--The non-Federal element 
                of the program involves the activities and practices 
                undertaken by participating States, local governments, 
                and the private sector to safely build, regulate, 
                operate, and maintain dams and Federal activities which 
                foster State efforts to develop and implement effective 
                programs for the safety of dams.
            (3) Activities.--
                    (A) Leadership activity.--The leadership activity 
                of the program shall be the responsibility of FEMA. 
                FEMA shall coordinate Federal efforts in cooperation 
                with appropriate Federal agencies and State dam safety 
                agencies.
                    (B) Technical assistance activity.--The technical 
                assistance activity of the program involves the 
                transfer of knowledge and technical information among 
                the Federal and non-Federal elements.
                    (C) Public awareness activity.--The public 
                awareness activity provides for the education of the 
                public, including State and local officials, to the 
                hazards of dam failure and ways to reduce the adverse 
                consequences of dam failure and related matters.
    (e) Grant Assistance Program.--The Director shall develop an 
implementation plan which shall demonstrate dam safety improvements 
through fiscal year 2001 and shall recommend appropriate roles for 
Federal agencies and for State and local units of government, 
individuals, and private organizations. The implementation plan shall 
provide, at a minimum, for the following:
            (1) In order to encourage the establishment and maintenance 
        of effective programs intended to ensure dam safety to protect 
        human life and property and to improve such existing programs, 
        the Director shall provide, from amounts made available under 
        section 8 of this Act, assistance to participating States to 
        establish and maintain dam safety programs, first, according to 
        the basic provisions for a dam safety program listed below and, 
        second, according to more advanced requirements and standards 
        authorized by the review board under paragraph (3) and the 
        Director with the assistance of established criteria such as 
        the Model State Dam Safety Program. Participating State dam 
        safety programs must be working toward meeting the following 
        primary criteria to be eligible for primary assistance or must 
        meet the following primary criteria prior to working toward 
        advanced assistance:
                    (A) A dam safety program must be authorized by 
                State legislation to include, at a minimum, the 
                following:
                            (i) Authority to review and approve plans 
                        and specifications to construct, enlarge, 
                        modify, remove, or abandon dams.
                            (ii) Authority to perform periodic 
                        inspections during construction for the purpose 
                        of ensuring compliance with approved plans and 
                        specifications.
                            (iii) Upon completion of construction, a 
                        requirement that, before operation of the 
                        structure, State approval is received.
                            (iv) Authority to require or perform the 
                        inspection of all dams and reservoirs that pose 
                        a significant threat to human life and property 
                        in the event of failure at least every 5 years 
                        to determine their continued safety and a 
                        procedure for more detailed and frequent safety 
                        inspections.
                            (v) A requirement that all inspections be 
                        performed under the supervision of a registered 
                        professional engineer with related experience 
                        in dam design and construction.
                            (vi) Authority to issue notices, when 
                        appropriate, to require owners of dams to 
                        perform necessary maintenance or remedial work, 
                        revise operating procedures, or take other 
                        actions, including breaching dams when deemed 
                        necessary.
                            (vii) Rules and regulations for carrying 
                        out the provisions of the State's legislative 
                        authority and necessary emergency funds to 
                        assure timely repairs or other changes to, or 
                        removal of, a dam in order to protect human 
                        life and property and, if the owner does not 
                        take action, to take appropriate action as 
                        expeditiously as possible.
                            (viii) A system of emergency procedures 
                        that would be utilized in the event a dam fails 
                        or in the event a dam's failure is imminent, 
                        together with an identification of those dams 
                        where failure could be reasonably expected to 
                        endanger human life and of the maximum area 
                        that could be inundated in the event of a 
                        failure of the dam, as well as identification 
                        of those necessary public facilities that would 
                        be affected by such inundation.
                    (B) State appropriations must be budgeted to carry 
                out the provisions of the State legislation.
            (2) The Director shall enter into contracts with each 
        participating State to determine a work plan necessary for a 
        particular State dam safety program to reach a level of program 
        performance previously agreed upon in the contract. Federal 
        assistance under this Act shall be provided to aid the State 
        dam safety program in achieving its goal.
            (3)(A) There is authorized to be established a National Dam 
        Safety Review Board (hereinafter in this Act referred to as the 
        ``Board''), which shall be responsible for monitoring 
        participating State implementation of the requirements of the 
        assistance program. The Board is authorized to utilize the 
        expertise of other agencies of the United States and to enter 
        into contracts for necessary studies to carry out the 
        requirements of this section. The Board shall consist of 11 
        members selected for their expertise in dam safety as follows:
                    (i) 5 to represent FEMA, the Federal Energy 
                Regulatory Commission, and the Departments of 
                Agriculture, Defense, and Interior.
                    (ii) 5 members selected by the Director who are dam 
                safety officials of States.
                    (iii) 1 member selected by the Director to 
                represent the United States Committee on Large Dams.
            (B) Each member of the Board who is an officer or employee 
        of the United States shall serve without compensation in 
        addition to compensation received for the services of the 
        member as an officer or employee of the United States. Each 
        member of the Board who is not an officer or employee of the 
        United States shall serve without compensation.
            (C) Each member of the Board shall be allowed travel 
        expenses, including per diem in lieu of subsistence, at rates 
        authorized for an employee of an agency under subchapter I of 
        chapter 57 of title 5, United States Code, while away from home 
        or regular place of business of the member in the performance 
        of services for the Board.
            (D) The Federal Advisory Committee Act (5 U.S.C. App.) 
        shall not apply to the Board.
            (4) No grant may be made to a participating State under 
        this section in any fiscal year unless the State enters into 
        such agreement with the Director as the Director may require to 
        ensure that the participating State will maintain its aggregate 
        expenditures from all other sources for programs to assure dam 
        safety for the protection of human life and property at or 
        above the average level of such expenditures in its 2 fiscal 
        years preceding the date of the enactment of this Act.
            (5) Any program which is submitted to the Director for 
        participation in the assistance program under this section 
        shall be deemed approved 120 days following its receipt by the 
        Director unless the Director determines within such 120-day 
        period that the submitted program fails to reasonably meet the 
        requirements of paragraphs (1) and (2). If the Director 
        determines the submitted program cannot be approved for 
        participation, the Director shall immediately notify the State 
        in writing, together with his or her reasons and those changes 
        needed to enable the submitted program to be approved.
            (6) Utilizing the expertise of the Board, the Director 
        shall periodically review the approved State dam safety 
        programs. In the event the Board finds that a program of a 
        participating State has proven inadequate to reasonably protect 
        human life and property and the Director agrees, the Director 
        shall revoke approval of the State's participation in the 
        assistance program and withhold assistance under this Act, 
        until the State program has been reapproved.
            (7) The head of any Federal agency, when requested by any 
        State dam safety agency, shall provide information on the 
        construction, operation, or maintenance of any dam or allow 
        officials of the State agency to participate in any Federal 
        inspection of any dam.
            (8) Within 180 days after the date of the enactment of this 
        Act, the Director shall report to the Congress on the 
        availability of dam insurance and make recommendations.

SEC. 6. BIENNIAL REPORT.

    Within 90 days after the last day of each odd-numbered fiscal year, 
the Director shall submit a biennial report to Congress describing the 
status of the program being implemented under this Act and describing 
the progress achieved by the Federal agencies during the 2 previous 
years in implementing the Federal Guidelines for Dam Safety. Each such 
report shall include any recommendations for legislative and other 
action deemed necessary and appropriate. The report shall also include 
a summary of the progress being made in improving dam safety by 
participating States.

SEC. 7. AUTHORIZING OF APPROPRIATIONS.

    (a) General Program.--
            (1) Funding.--There are authorized to be appropriated to 
        the Director to carry out the provisions of sections 5 and 6 of 
        this Act (in addition to any authorizations for similar 
        purposes included in other Acts and the authorizations set 
        forth in subsections (b) through (e) of this section)--
                    (A) $1,000,000 for fiscal year 1997;
                    (B) $2,000,000 for fiscal year 1998;
                    (C) $4,000,000 for fiscal year 1999;
                    (D) $4,000,000 for fiscal year 2000; and
                    (E) $4,000,000 for fiscal year 2001.
            (2) Apportionment formula.--Sums appropriated under this 
        subsection shall be distributed annually among participating 
        States on the following basis: One-third among those States 
        determined in section 5 of this Act as qualifying for funding, 
        and two-thirds in proportion to the number of dams and 
        appearing as State-regulated dams on the National Dam Inventory 
        in each participating State that has been determined in section 
        5(e)(1) of this Act as qualifying for funding, to the number of 
        dams in all participating States. In no event shall funds 
        distributed to any State under this subsection exceed 50 
        percent of the reasonable cost of implementing an approved dam 
        safety program in such State. The Director and Review Board 
        shall determine how much is allotted to participating States 
        needing primary funding and those needing advanced funding.
    (b) Training.--
            (1) In general.--The Director shall, at the request of any 
        State that has or intends to develop a dam safety program under 
        section 5(e)(1) of this Act, provide training for State dam 
        safety staff and inspectors.
            (2) Funding.--There is authorized to be appropriated to 
        carry out this subsection $500,000 for each of fiscal years 
        1997 through 2001.
    (c) Research.--
            (1) In general.--The Director shall undertake a program of 
        technical and archival research in order to develop improved 
        techniques, historical experience, and equipment for rapid and 
        effective dam construction, rehabilitation, and inspection, 
        together with devices for the continued monitoring, of dams for 
        safety purposes.
            (2) State participation; reports.--The Director shall 
        provide for State participation in the research under this 
        subsection and periodically advise all States and Congress of 
        the results of such research.
            (3) Funding.--There is authorized to be appropriated to 
        carry out this subsection $1,000,000 for each of fiscal years 
        1997 through 2001.
    (d) Dam Inventory.--
            (1) Maintenance and publication.--The Secretary of the 
        Army, acting through the Chief of Engineers, is authorized to 
        maintain and periodically publish updated information on the 
        inventory of dams.
            (2) Funding.--There is authorized to be appropriated to 
        carry out this subsection $500,000 for each of fiscal years 
        1997 through 2001.
    (e) Personnel.--
            (1) Employment.--The Director is authorized to employ 
        additional staff personnel in numbers sufficient to carry out 
        the provisions of this Act.
            (2) Funding.--There is authorized to be appropriated to 
        carry out this subsection $400,000 for each of fiscal years 
        1997 through 2001.
    (f) Limitation.--No funds authorized by this Act shall be used to 
construct or repair any Federal or non-Federal dams.

SEC. 8. CONFORMING AMENDMENTS.

    The Act entitled ``An Act to authorize the Secretary of the Army to 
undertake a national program of inspection dams'', approved August 8, 
1972 (33 U.S.C 467-467m; Public Law 92-367), is amended--
            (1) in the first section by striking ``means any artificial 
        barrier'' and all that follows through the period at the end 
        and inserting ``has the meaning such term has under section 4 
        of the National Dam Safety Program Act of 1996.'';
            (2) by striking the 2d sentence of section 3;
            (3) by striking section 5 and sections 7 through 14; and
            (4) by redesignating section 6 as section 5.
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