[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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