[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2835 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2835

To amend the National Dam Safety Program Act to establish a program to 
  provide grant assistance for the rehabilitation and repair of high 
             hazard potential dams, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 21, 2016

 Mr. Reed (for himself and Mrs. Capito) 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 for the rehabilitation and repair of high 
             hazard potential dams, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REHABILITATION AND REPAIR OF HIGH HAZARD POTENTIAL DAMS.

    (a) Definitions.--Section 2 of the National Dam Safety Program Act 
(33 U.S.C. 467) is amended--
            (1) by redesignating paragraphs (4), (5), (6), (7), (8), 
        (9), (10), (11), (12), and (13) as paragraphs (5), (6), (7), 
        (8), (9), (11), (13), (14), (15), and (16), respectively;
            (2) by inserting after paragraph (3) the following:
            ``(4) Eligible high hazard potential dam.--
                    ``(A) In general.--The term `eligible high hazard 
                potential dam' means a non-Federal dam that--
                            ``(i) is classified as `high hazard 
                        potential' by the State dam safety agency in 
                        the State in which the dam is located;
                            ``(ii) has an emergency action plan 
                        approved by the relevant State dam safety 
                        agency; and
                            ``(iii) the State in which the dam is 
                        located determines--
                                    ``(I) fails to meet minimum dam 
                                safety standards of the State; and
                                    ``(II) poses an unacceptable risk 
                                to the public.
                    ``(B) Exclusion.--The term `eligible high hazard 
                potential dam' does not include--
                            ``(i) a licensed hydroelectric dam; or
                            ``(ii) a dam built under the authority of 
                        the Secretary of Agriculture.'';
            (3) by inserting after paragraph (9) (as redesignated by 
        paragraph (1)) the following:
            ``(10) Non-federal sponsor.--The term `non-Federal 
        sponsor', in the case of a project receiving assistance under 
        section 8A, includes--
                    ``(A) a governmental organization; and
                    ``(B) a nonprofit organization.''; and
            (4) by inserting after paragraph (11) (as redesignated by 
        paragraph (1)) the following:
            ``(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 Administrator shall establish, 
within FEMA, a program to provide technical, planning, design, and 
construction assistance in the form of grants to non-Federal sponsors 
for rehabilitation of eligible high hazard potential dams.
    ``(b) Eligible Activities.--A grant awarded under this section for 
a project may be used for--
            ``(1) repair;
            ``(2) removal; or
            ``(3) any other structural or nonstructural measures.
    ``(c) Award of Grants.--
            ``(1) Application.--
                    ``(A) In general.--A non-Federal sponsor interested 
                in receiving a grant under this section may submit to 
                the Administrator an application for the grant.
                    ``(B) Requirements.--An application submitted to 
                the Administrator under this section shall be submitted 
                at such time, be in such form, and contain such 
                information as the Administrator may prescribe by 
                regulation.
            ``(2) Grant.--
                    ``(A) In general.--The Administrator may make a 
                grant in accordance with this section for 
                rehabilitation of a high hazard potential dam to a non-
                Federal sponsor that submits an application for the 
                grant in accordance with the regulations prescribed by 
                the Administrator.
                    ``(B) Project grant agreement.--The Administrator 
                shall enter into a project grant agreement with the 
                non-Federal sponsor to establish the terms of the grant 
                and the project, including the amount of the grant.
                    ``(C) Grant assurance.--As part of a project grant 
                agreement under subparagraph (B), the Administrator 
                shall require the non-Federal sponsor to provide an 
                assurance, with respect to the dam to be rehabilitated 
                under the project, that the owner of the dam has 
                developed and will carry out a plan for maintenance of 
                the dam during the expected life of the dam.
                    ``(D) Limitation.--A grant provided under this 
                section shall not exceed the lesser of--
                            ``(i) 12.5 percent of the total amount of 
                        funds made available to carry out this section; 
                        or
                            ``(ii) $7,500,000.
    ``(d) Requirements.--
            ``(1) Approval.--A grant awarded under this section for a 
        project shall be approved by the relevant State dam safety 
        agency.
            ``(2) Cost sharing.--
                    ``(A) In general.--Any assistance provided under 
                this section for a project shall be subject to a non-
                Federal cost-sharing requirement of not less than 35 
                percent.
                    ``(B) In-kind contributions.--The non-Federal share 
                under subparagraph (A) may be provided in the form of 
                in-kind contributions.
            ``(3) Allocation of funds.--The total amount of funds made 
        available to carry out this section for each fiscal year shall 
        be distributed as follows:
                    ``(A) Equal distribution.--\1/3\ shall be 
                distributed equally among the States in which the 
                projects for which applications are submitted under 
                subsection (c)(1) are located.
                    ``(B) Need-based.--\2/3\ shall be distributed among 
                the States in which the projects for which applications 
                are submitted under subsection (c)(1) are located based 
                on the proportion that--
                            ``(i) the number of eligible high hazard 
                        potential dams in the State; bears to
                            ``(ii) the number of eligible high hazard 
                        potential dams in all States in which projects 
                        for which applications are submitted under 
                        subsection (c)(1).
    ``(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) Contractual Requirements.--
            ``(1) In general.--Subject to paragraph (2), as a condition 
        on the receipt of a grant under this section, a non-Federal 
        sponsor 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 relevant 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.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $60,000,000 for each of fiscal 
years 2017 through 2027, to remain available until expended.''.

SEC. 2. RULEMAKING.

    (a) Proposed Rulemaking.--Not later than 90 days after the date of 
enactment of this Act, the Administrator of the Federal Emergency 
Management Agency shall issue a notice of proposed rulemaking regarding 
the amendments made by section 1 to the National Dam Safety Program Act 
(33 U.S.C. 467 et seq.).
    (b) Final Rule.--Not later than 150 days after the date of 
enactment of this Act, the Administrator of the Federal Emergency 
Management Agency shall promulgate a final rule regarding the 
amendments described in subsection (a).
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