[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2735 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2735

    To amend the National Dam Safety Program Act to reauthorize the 
          national dam safety program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2006

  Mr. Bond (for himself and Mr. Akaka) 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 reauthorize the 
          national dam safety program, 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 ``Dam Safety Act of 2006''.

SEC. 2. DEFINITIONS.

    Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is 
amended--
            (1) by redesignating paragraph (13) as paragraph (14); and
            (2) by inserting after paragraph (12) the following:
            ``(13) State-regulated dam.--The term `State-regulated dam' 
        means a State dam subject to the criteria described in clauses 
        (i), (iv), and (vi) of section 8(e)(2)(A).''.

SEC. 3. INSPECTION OF DAMS.

    Section 3(a) of the National Dam Safety Program Act (33 U.S.C. 
467a(a)) is amended in paragraph (2) of the second sentence by striking 
``under the authority of the Federal Power Act,'' and inserting ``by 
the Federal Energy Regulation Commission,''.

SEC. 4. NATIONAL DAM INVENTORY.

    Section 6 of the National Dam Safety Program Act (33 U.S.C. 467d) 
is amended to read as follows:

``SEC. 6. NATIONAL DAM INVENTORY.

    ``(a) In General.--The Secretary of the Army, acting through the 
Chief of Engineers, shall maintain and update information on the 
inventory of dams in the United States.
    ``(b) Requirement.--The inventory of dams described in subsection 
(a) shall include an assessment of each dam based on inspections 
completed by either a Federal agency or a State dam safety agency.''.

SEC. 5. NATIONAL DAM SAFETY PROGRAM.

    (a) Duties.--Section 8(b)(1) of the National Dam Safety Program Act 
(33 U.S.C. 467f(b)(1)) is amended by striking ``and target dates to'' 
and inserting ``performance measures, and target dates toward 
effectively administering this Act in order to''.
    (b) Assistance for State Dam Safety Programs.--Section 8(e)(2)(A) 
of the National Dam Safety Program Act (33 U.S.C. 467f(e)(2)(A)) is 
amended--
            (1) in the matter preceding clause (i), by striking 
        ``substantially'';
            (2) by striking clause (iv) and inserting the following:
                            ``(iv)(I) the authority to require or 
                        perform the inspection, at least once every 5 
                        years, of all dams and reservoirs that would 
                        pose a significant threat to human life and 
                        property in case of failure to determine the 
                        continued safety of the dams and reservoirs;
                            ``(II) authority to require or perform the 
                        inspection, at least once every 5 years, of 
                        those dams and reservoirs that pose a 
                        significant threat to human life and property; 
                        and
                            ``(III) a procedure for more detailed and 
                        frequent safety inspections;''; and
            (3) in clause (vi), by inserting ``install and monitor 
        instrumentation,'' after ``remedial work,''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    Section 13 of the National Dam Safety Program Act (33 U.S.C. 467j) 
is amended to read as follows:

``SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) National Dam Safety Program.--
            ``(1) Annual amounts.--There are authorized to be 
        appropriated to FEMA to carry out sections 7, 8, and 11 (in 
        addition to any amounts made available for similar purposes 
        included in any other Act and amounts made available under 
        subsections (b) through (e)) $8,000,000 for each of fiscal 
        years 2007 through 2011, to remain available until expended.
            ``(2) Allocation.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), for each fiscal year, amounts made available under 
                this subsection to carry out section 8 shall be 
                allocated among the States as follows:
                            ``(i) \1/3\ among States that qualify for 
                        assistance under section 8(e).
                            ``(ii) \2/3\ among States that qualify for 
                        assistance under section 8(e), to each State in 
                        proportion to--
                                    ``(I) the number of dams in the 
                                State that are listed as State-
                                regulated dams on the inventory of dams 
                                maintained under section 6; as compared 
                                to
                                    ``(II) the number of dams in all 
                                States that are listed as State-
                                regulated dams on the inventory of dams 
                                maintained under section 6.
                    ``(B) Maximum amount of allocation.--The amount of 
                funds allocated to a State under this paragraph may not 
                exceed 50 percent of the reasonable cost of 
                implementing the State dam safety program.
                    ``(C) Determination.--The Director and the Board 
                shall determine the amount allocated to States.
    ``(b) National Dam Inventory.--There is authorized to be 
appropriated to carry out section 6 $1,000,000 for each fiscal year.
    ``(c) Research.--There is authorized to be appropriated to carry 
out section 9 $2,000,000 for each of fiscal years 2007 through 2011, to 
remain until expended.
    ``(d) Dam Safety Training.--There is authorized to be appropriated 
to carry out section 10 $700,000 for each of fiscal years 2007 through 
2011.
    ``(e) Staff.--There is authorized to be appropriated to FEMA for 
the employment of such additional staff personnel as are necessary to 
carry out sections 8 through 10 $1,000,000 for each of fiscal years 
2007 through 2011.
    ``(f) Limitation on Use of Amounts.--Amounts made available under 
this Act may not be used to construct or repair any Federal or non-
Federal dam.''.
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