II 109th CONGRESS 2d Session S. 2444 IN THE SENATE OF THE UNITED STATES March 16 (legislative day, March 15), 2006 Mr. Akaka (for himself and Mr. Inouye) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL 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.

1.

Short title

This Act may be cited as the Dam Rehabilitation and Repair Act of 2006.

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— (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), (12), (13), (14), and (15), respectively; (2)by inserting after paragraph (2) the following: (3)

Deficient dam

The term deficient dam means a dam that, as determined by the State within the boundaries of which the dam is located— (A)fails to meet minimum dam safety standards of the State; and (B)poses an unacceptable risk to the public. ; and (3)by inserting after paragraph (10) (as redesignated by paragraph (1)) the following: (11)

Rehabilitation

The term rehabilitation means the repair, replacement, reconstruction, or removal of a dam to meet applicable State dam safety and security standards. . (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:

8A.

Rehabilitation and repair of deficient dams

(a)

Establishment of program

The Director shall establish, within FEMA, a program to provide grants to States for use in rehabilitation of publicly-owned deficient dams. (b)

Grants

(1)

In general

In carrying out the program established under subsection (a), the Director— (A)may provide grants to States for the rehabilitation of deficient dams; and (B)shall enter into a project grant agreement with each State that receives a grant to establish the terms of the grant and the project, including the amount of the grant. (2)

Application

To receive a grant under this section, a State shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require, by regulation. (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 provided under this section. (d)

Allocation of funds

During a fiscal year, of amounts appropriated pursuant to subsection (f)(1) for that fiscal year— (1)1/3 shall be distributed equally among the States that receive grants under this section; and (2)2/3 shall be distributed among the States described in paragraph (1) based on the ratio that— (A)the number of non-Federal publicly-owned dams located within the boundaries of a State that the Secretary of the Army identifies in the national inventory of dams maintained under section 6 as constituting a danger to human health; bears to (B)the number of non-Federal publicly-owned dams so identified located within the boundaries of all States that receive grants under this section. (e)

Cost sharing

The Federal share of the cost of rehabilitation of a deficient dam for which a grant is made under this section shall be not more than 65 percent. (f)

Authorization of appropriations

(1)

In general

There are authorized to be appropriated to carry out this section, to remain available until expended— (A)$50,000,000 for fiscal year 2007; and (B)$100,000,000 for each of fiscal years 2008 through 2010. (2)

Staff

There is authorized to be appropriated to provide for the employment of such additional staff of FEMA as the Director determines to be necessary to carry out this section $400,000 for each of fiscal years 2007 through 2009, to remain available until expended.

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3.

Rulemaking

(a)

Proposed rulemaking

Not later than 90 days after the date of enactment of this Act, the Under Secretary for Emergency Preparedness and Response, acting through 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.). (b)

Final rule

Not later than 120 days after the date of enactment of this Act, the Under Secretary for Emergency Preparedness and Response, acting through the Director of the Federal Emergency Management Agency, shall promulgate a final rule regarding the amendments described in subsection (a).