[Congressional Record Volume 152, Number 34 (Thursday, March 16, 2006)]
[Senate]
[Pages S2336-S2337]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself and Mr. Inouye):
  S. 2444. 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; to the Committee on 
Environment and Public Works.
  Mr. AKAKA. Mr. President, I rise today, along with my good friend and 
colleague Senator Daniel Inouye, to introduce the Senate companion to 
H.R. 1105, the Dam Rehabilitation and Repair Act, which was introduced 
by Representative Sue Kelly and co-sponsored by my colleagues from the 
State of Hawaii, Representatives Neil Abercrombie and Ed Case.
  The Dam Rehabilitation and Repair Act will improve the safety of our 
Nation's dams by establishing a Federal program to assist Hawaii and 
other states in rehabilitating publicly owned dams that pose a risk to 
public safety.
  Storms that struck Hawaii in recent weeks remind us that the 
devastation wrought by the collapse of a dam can be severe and tragic. 
All too often, these catastrophic collapses come with little or no 
warning, leaving those in the path of flooding with no time to avoid 
danger.
  Dam safety is a neglected aspect of our homeland security. While we 
plan for the possibility that terrorists may attack our infrastructure, 
we fail to fully recognize that critical infrastructure is also subject 
to the forces of nature and, therefore, prone to wear and tear. Just as 
we must guard against attacks on our critical infrastructure, we must 
also be attentive to its maintenance.
  Our Nation has thousands of dams. The homes and businesses of 
millions of Americans are in the path of potentially catastrophic 
flooding that could result from dam failures. Some of our great cities 
are at risk, as are vast tracts of our most productive agricultural 
land. Although dams are often out of sight and given little regard in 
everyday life, we put lives and property at peril when we fail to 
properly maintain them.
  The Dam Rehabilitation and Repair Act takes an important step forward 
by allocating Federal funds for the repair and rehabilitation of 
publicly owned dams that are deemed to be unsafe. Specifically, this 
bill will: Mandate the Director of the Federal Emergency Management 
Agency (FEMA) to establish a program providing grant assistance to 
states for the repair of dams that pose a public safety risk; require 
the FEMA Director to determine appropriate procedures for awarding 
grants and allocating funds; establish a risk-based priority system to 
identify dams in need of repair; and establish a cost sharing 
arrangement between the Federal Government and States.
  In addition, I am working to ensure that both public and private dams 
receive the maintenance they need for the public's safety, and I 
appreciate the technical assistance that the American Society of Civil 
Engineers has given me on this critical problem. I look forward to 
working with my colleagues to pass legislation that augments the 
National Dam Safety Program and provides states with the necessary 
assistance to protect the public.
  I ask unanimous consent to print in the Record at this point a letter 
from the Dam Safety Coalition endorsing this legislation and that text 
of the legislation be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                         Dam Safety Coalition,

                                                   March 16, 2006.
     Hon. Daniel Akaka,
     U.S. Senate,
     Washington, DC.
       Dear Senator Akaka: The dam safety, engineering, and 
     construction community would like to commend you for your 
     commitment to dam safety and for introducing the Dam Repair 
     and Rehabilitation Act in U.S. Senate. The legislation would 
     fill a vital need in our infrastructure by developing a 
     federal funding program devoted to repairing the nation's 
     unsafe dams.
       Dams are a vital part of our nation's aging infrastructure 
     and provide enormous benefits to the majority of Americans--
     benefits that include drinking water, flood protection, 
     renewable hydroelectric power, navigation, irrigation and 
     recreation. Yet, these critical daily benefits' provided by 
     the nation's dams are inextricably linked to the potential 
     consequences of a dam failure if the dam is not maintained, 
     or is unable to impound water, pass large flood events or 
     withstand earthquake events in a safe manner.
       In 2005, ASCE published the Report Card for America's 
     Infrastructure giving the condition of our nation's dams a 
     grade of D, equal to the overall infrastructure grade. States 
     have identified 3,500 unsafe or deficient dams, many being 
     susceptible to large flood events or earthquakes. The 
     Association of State Dam Safety Officials, in its October 
     2003 report entitled ``The Cost of Rehabilitating Our 
     Nation's Dams'', estimated that $10 billion would be needed 
     to repair the most critical dams over the next 12 years.
       It is a reasonable expectation of every American to be 
     protected by our government; including protection from 
     preventable disasters such as dam failures.
       We look forward to working with you to enact the Dam 
     Rehabilitation and Repair Act in the 109th Congress.
           Sincerely,
                                                   Brian Pallasch,
     Co-Chair, Dam Safety Coalition.
                                  ____


                                S. 2444

       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 2006''.

     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--

[[Page S2337]]

       (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), (12), (13), (14), and (15), 
     respectively;
       (2) by inserting after paragraph (2) the following:
       ``(3) Deficient dam.--The term `deficient dam' means a dam 
     that, as determined by the State within the boundaries of 
     which the dam is located--
       ``(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) Rehabilitation.--The term `rehabilitation' means the 
     repair, replacement, reconstruction, or removal of a dam 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 grants to States 
     for use in rehabilitation of publicly-owned deficient dams.
       ``(b) Grants.--
       ``(1) In general.--In carrying out the program established 
     under subsection (a), the Director--
       ``(A) may provide grants to States for the rehabilitation 
     of deficient dams; and
       ``(B) shall enter into a project grant agreement with each 
     State that receives a grant to establish the terms of the 
     grant and the project, including the amount of the grant.
       ``(2) Application.--To receive a grant under this section, 
     a State shall submit to the Director an application at such 
     time, in such manner, and containing such information as the 
     Director may require, by regulation.
       ``(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 
     provided under this section.
       ``(d) Allocation of Funds.--During a fiscal year, of 
     amounts appropriated pursuant to subsection (f)(1) for that 
     fiscal year--
       ``(1) \1/3\ shall be distributed equally among the States 
     that receive grants under this section; and
       ``(2) \2/3\ shall be distributed among the States described 
     in paragraph (1) based on the ratio that--
       ``(A) the number of non-Federal publicly-owned dams located 
     within the boundaries of a State that the Secretary of the 
     Army identifies in the national inventory of dams maintained 
     under section 6 as constituting a danger to human health; 
     bears to
       ``(B) the number of non-Federal publicly-owned dams so 
     identified located within the boundaries of all States that 
     receive grants under this section.
       ``(e) Cost Sharing.--The Federal share of the cost of 
     rehabilitation of a deficient dam for which a grant is made 
     under this section shall be not more than 65 percent.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section, to remain available until 
     expended--
       ``(A) $50,000,000 for fiscal year 2007; and
       ``(B) $100,000,000 for each of fiscal years 2008 through 
     2010.
       ``(2) Staff.--There is authorized to be appropriated to 
     provide for the employment of such additional staff of FEMA 
     as the Director determines to be necessary to carry out this 
     section $400,000 for each of fiscal years 2007 through 2009, 
     to remain available until expended.''.

     SEC. 3. RULEMAKING.

       (a) Proposed Rulemaking.--Not later than 90 days after the 
     date of enactment of this Act, the Under Secretary for 
     Emergency Preparedness and Response, acting through 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 Under Secretary for Emergency 
     Preparedness and Response, acting through the Director of the 
     Federal Emergency Management Agency, shall promulgate a final 
     rule regarding the amendments described in subsection (a).
                                 ______