1.This Act may be cited as the
Dam Rehabilitation and Repair Act of
2009
.
2.Rehabilitation
and repair of deficient dams
(a)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)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)
(A)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)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)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 damsThe 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)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)
(1)
(A)A State interested in receiving a grant under this
section may submit to the Director an application for the grant.
(B)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)
(A)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)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)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)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)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)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)
(1)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)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)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)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)Amounts made available under this section shall
remain available until
expended.
.
3.
(a)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)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).