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


                                                       Calendar No. 511
109th CONGRESS
  2d Session
                                S. 2735

                          [Report No. 109-276]

    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

                             July 10, 2006

               Reported by Mr. Inhofe, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Dam Safety Act of 
2006''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    Section 2 of the National Dam Safety Program Act (33 
U.S.C. 467) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraph (13) as paragraph 
        (14); and</DELETED>
        <DELETED>    (2) by inserting after paragraph (12) the 
        following:</DELETED>
        <DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 3. INSPECTION OF DAMS.</DELETED>

<DELETED>    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,''.</DELETED>

<DELETED>SEC. 4. NATIONAL DAM INVENTORY.</DELETED>

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

<DELETED>``SEC. 6. NATIONAL DAM INVENTORY.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 5. NATIONAL DAM SAFETY PROGRAM.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in the matter preceding clause (i), by 
        striking ``substantially'';</DELETED>
        <DELETED>    (2) by striking clause (iv) and inserting the 
        following:</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(III) a procedure for more 
                        detailed and frequent safety inspections;''; 
                        and</DELETED>
        <DELETED>    (3) in clause (vi), by inserting ``install and 
        monitor instrumentation,'' after ``remedial work,''.</DELETED>

<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

<DELETED>``SEC. 13. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``(a) National Dam Safety Program.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Allocation.--</DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(i) </DELETED>\<DELETED>1/
                        3</DELETED>\ <DELETED>among States that qualify 
                        for assistance under section 8(e).</DELETED>
                        <DELETED>    ``(ii) </DELETED>\<DELETED>2/
                        3</DELETED>\ <DELETED>among States that qualify 
                        for assistance under section 8(e), to each 
                        State in proportion to--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) the number of dams 
                                in all States that are listed as State-
                                regulated dams on the inventory of dams 
                                maintained under section 6.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Determination.--The Director and the 
                Board shall determine the amount allocated to 
                States.</DELETED>
<DELETED>    ``(b) National Dam Inventory.--There is authorized to be 
appropriated to carry out section 6 $1,000,000 for each fiscal 
year.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dam Safety Act of 2006''.

SEC. 2. 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 a summary of the results of any inspection completed 
by either a Federal agency or a State dam safety agency.''.

SEC. 3. 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 redesignating clauses (iv) through (x) as clauses 
        (v) through (xi), respectively;
            (3) by inserting after clause (iii) the following:
                            ``(iv) the authority to require or perform 
                        periodic evaluations of all dams and reservoirs 
                        to determine the extent of the threat to human 
                        life and property in case of failure;''; and
            (4) in clause (vii) (as redesignated by paragraph (2)), by 
        inserting ``install and monitor instrumentation,'' after 
        ``remedial work,''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Section 13 of the National Dam Safety Program Act (33 U.S.C. 467j) 
is amended--
            (1) in subsection (a)(1), by striking ``$6,000,000 for each 
        of fiscal years 2003 through 2006'' and inserting ``$8,000,000 
        for each of fiscal years 2007 through 2011'';
            (2) in subsection (b), by striking ``$500,000 for each 
        fiscal year'' and inserting ``$1,000,000 for each of fiscal 
        years 2007 through 2011'';
            (3) in subsection (c), by striking ``$1,500,000 for each of 
        fiscal years 2003 through 2006'' and inserting ``$2,000,000 for 
        each of fiscal years 2007 through 2011'';
            (4) in subsection (d), by striking ``$500,000 for each of 
        fiscal years 2003 through 2006'' and inserting ``$700,000 for 
        each of fiscal years 2007 through 2011''; and
            (5) in subsection (e), by striking ``$600,000 for each of 
        fiscal years 2003 through 2006'' and inserting ``$1,000,000 for 
        each of fiscal years 2007 through 2011''.
                                                       Calendar No. 511

109th CONGRESS

  2d Session

                                S. 2735

                          [Report No. 109-276]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 10, 2006

                       Reported with an amendment