[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 732 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 732
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 26, 2009
Mr. Akaka (for himself, Mr. Specter, Mr. Cardin, Mr. Schumer, Mr.
Voinovich, Mr. Brown, and Mr. Casey) 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.
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 Rehabilitation and Repair Act of
2009''.
SEC. 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), (13), (14), (15), and (16),
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) Publicly-owned dam.--
``(A) In general.--The term `publicly-owned dam'
means a dam that is owned by 1 or more State agencies
or governments, local governments, or municipal
governments.
``(B) Inclusions.--The term `publicly-owned dam'
includes a dam owned by a nonprofit organization that--
``(i) is established by 1 or more State,
local, or municipal governments; and
``(ii) provides public benefits, such as--
``(I) local flood control
districts;
``(II) regional public water
utilities; and
``(III) local irrigation districts.
``(12) 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:
``SEC. 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 deficient dams that are publicly-owned dams.
``(b) Award of Grants.--
``(1) Application.--
``(A) In general.--A State interested in receiving
a grant under this section may submit to the Director
an application for the grant.
``(B) Requirements.--An application submitted to
the Director under this section shall be submitted at
such time, be in such form, and contain such
information as the Director may prescribe by
regulation.
``(2) Grant.--
``(A) In general.--The Director may make a grant in
accordance with this section 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.
``(B) Project grant agreement.--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.
``(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 (h)(1) for a fiscal year shall be allocated for
making grants under this section to States applying for the grants for
that fiscal year as follows:
``(1) \1/3\ divided equally among applying States.
``(2) \2/3\ divided among applying States based on the
proportion 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) Use of Funds.--None of the funds provided in the form of a
grant or otherwise made available under this section shall be used--
``(1) to rehabilitate a Federal dam;
``(2) to perform routine operation or maintenance of a dam;
``(3) to modify a dam to produce hydroelectric power;
``(4) to increase water supply storage capacity; or
``(5) to make any other modification to a dam that does not
also improve the safety of the dam.
``(f) 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 the rehabilitation.
``(g) Contractual Requirements.--
``(1) In general.--Subject to paragraph (2), as a condition
on the receipt of a grant under this section, a State that
receives the grant shall require that each contract and
subcontract for program management, construction management,
planning studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying,
mapping, and related services entered into using funds from the
grant be awarded in the same manner as a contract for
architectural and engineering services is awarded under--
``(A) chapter 11 of title 40, United States Code;
or
``(B) an equivalent qualifications-based
requirement prescribed by the State.
``(2) No proprietary interest.--A contract awarded in
accordance with paragraph (1) shall not be considered to confer
a proprietary interest upon the United States.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $10,000,000 for fiscal year 2010;
``(B) $15,000,000 for fiscal year 2011;
``(C) $25,000,000 for fiscal year 2012;
``(D) $50,000,000 for fiscal year 2013; and
``(E) $100,000,000 for fiscal year 2014.
``(2) Staff.--There is 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 2010 through 2014.
``(3) Period of availability.--Amounts made available under
this section shall remain available until expended.''.
SEC. 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 promulgate a final rule regarding the amendments described
in subsection (a).
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