110 HR 3224 : Dam Rehabilitation and Repair Act of U.S. House of Representatives 2007-10-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
IIB 110th CONGRESS 1st Session H. R. 3224 IN THE SENATE OF THE UNITED STATES October 30, 2007 Received; read twice and referred to the Committee on Environment and Public Works AN ACT 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 2007.
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 the State within the boundaries of which the dam is located determines— (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 that is carried out 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 grant assistance to States for use in rehabilitation of publicly-owned deficient dams. (b)
Award of grants
(1)
Application
A State interested in receiving a grant under this section may submit to the Director an application for such grant. Applications submitted to the Director under this section shall be submitted at such times, be in such form, and contain such information, as the Director may prescribe by regulation. (2)
In general
Subject to the provisions of this section, the Director may make a grant 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. 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. (3)
Applicability of standards
The Director shall require States that apply for grants under this section to comply with the standards of 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, with respect to projects assisted under this section in the same manner as recipients are required to comply in order to receive financial contributions from the Director for emergency preparedness purposes. (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. (d)
Allocation of funds
The total amount of funds appropriated pursuant to subsection (f)(1) for a fiscal year shall be allocated for making grants under this section to States applying for such grants for that fiscal year as follows: (1)One-third divided equally among applying States. (2)Two-thirds among applying States based on the ratio that— (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 to (B)the number of non-Federal publicly-owned dams that are so identified and that are located within the boundaries of all applying States. (e)
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 such rehabilitation. (f)
Authorization of appropriations
(1)
In general
There is authorized to be appropriated to carry out this section— (A)$10,000,000 for fiscal year 2008; (B)$15,000,000 for fiscal year 2009; (C)$25,000,000 for fiscal year 2010; (D)$50,000,000 for fiscal year 2011; and (E)$100,000,000 for fiscal year 2012. (2)
Staff
There are 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. (3)
Period of availability
Sums appropriated pursuant to this section shall remain available until expended.
.
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.). (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 issue a final rule regarding such amendments.
Passed the House of Representatives October 29, 2007. Lorraine C. Miller, Clerk