[Congressional Record Volume 151, Number 133 (Wednesday, October 19, 2005)]
[Senate]
[Page S11561]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY (for himself, Mr. Kennedy, and Mr. Jeffords):
  S. 1887. A bill to authorize the conduct of small projects for the 
rehabilitation or removal of dams; to the Committee on Environment and 
Public Works.
  Mr. KERRY. Mr. President, today I joined Senator Kennedy, 
Representative Frank, Governor Romney and Mayor Robert Nunes on a tour 
of the deteriorating dam in Taunton, MA. The dam buckled earlier this 
week under the pressure of heavy rain. Since the beginning of this 
month, Taunton has received 11\1/2\ inches of rain, with more than 7 
inches of that from Friday through Sunday.
  As of this morning, the city remained under a state of emergency and 
there was still a significant amount of water behind the Whittenton 
Pond Dam on the Mill River. In speaking with local officials, they 
expressed fear that a major break in the dam could send 6 feet of water 
surging through downtown Taunton, flooding businesses and destroying 
homes.
  For now, the situation is under control but still extremely volatile. 
It appears we may have gotten lucky--but just because the waters are 
receding doesn't mean our work is through. Doing everything possible 
means the Federal Government has to give mayors and governors every 
tool they need to protect their communities.
  Today, the Army Corps of Engineers can help in Taunton only because 
it's an emergency--and everyone who has been praying that the dam 
doesn't break knows just what an emergency this has been. But according 
to the law, it's only at that point of no return that the Corps can 
step in. The Army Corps of Engineers has no authority to try to prevent 
a situation like this. Before the water came pouring through and 2,000 
people were evacuated from their homes, the Corps was powerless to fix 
this dam.
  But it's not just on the Mill River--we have 3,000 privately-owned 
dams in Massachusetts. The Army Corps of Engineers shouldn't be 
handcuffed by bureaucratic red tape until we reach the point of a make-
it-or-break-it crisis. If Hurricane Katrina taught us anything, it's 
that we can't let bureaucracy get in the way of preventing a pending 
disaster or responding to a looming threat.
  For that reason, I am introducing a bill to give the Army Corps of 
Engineers the ability to intervene to repair privately-owned dams for 
the sake of public safety. That way, the Corps can help in the kind of 
effort Governor Romney is now undertaking to inspect and strengthen 
dams across the State. Senator Kennedy is co-sponsoring this bill, and 
we will work together to make it law.
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