[Senate Report 109-276]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 511
109th Congress                                                   Report
                                 SENATE
 2nd Session                                                    109-276

======================================================================



 
                         DAM SAFETY ACT OF 2006

                                _______
                                

                 July 10, 2006.--Ordered to be printed

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 2735]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 2735) to amend the National Dam Safety 
Program Act to reauthorize the national dam safety program, and 
for other purposes, having considered the same, reports 
favorably thereon and recommends that the bill, as amended, do 
pass.

                    General Statement and Background

    In 1972, Congress directed the Secretary of the Army to 
undertake a national program on the inspection of dams (Public 
Law 92-367). The Water Resources Development Act of 1996 
(Public Law 104-303) amended that Act to establish the National 
Dam Safety Program as a partnership of the States, Federal 
agencies and other stakeholders to encourage individual and 
community responsibility for dam safety. The amended Act is 
cited as the National Dam Safety Program Act.
    The Act includes: 1) a National Dam Inventory to provide to 
the public periodically updated information on the inventory of 
dams in the United States; 2) an Interagency Committee on Dam 
Safety to encourage the establishment and maintenance of 
effective Federal and State programs, policies and guidelines 
intended to enhance dam safety; 3) a National Dam Safety 
Program, including a strategic plan, a National Dam Safety 
Review Board and grant assistance to the States to provide 
vital support for the improvement of the State dam safety 
programs that regulate most of the 79,500 dams in the United 
States; 4) a dam safety research effort for technical and 
archival research; and 5) dam safety training for State dam 
safety staff and inspectors.
    The Dam Safety and Security Act of 2002 (Public Law 107-
310), signed into law on December 2, 2002, reauthorized the Act 
for 4 years and added enhancements designed to safeguard dams 
against terrorist attacks.

                     Objectives of the Legislation

    S. 2735 provides for the reauthorization and improvement of 
the National Dam Safety Program Act. The bill strengthens the 
Act by improving the National Dam Inventory, encouraging States 
to improve State dam safety programs and increasing the 
authorization levels of the various components of the Act.

                      Section-by-Section Analysis

Section 1. Short title.
    This section provides that this Act may be cited as the 
``Dam Safety Act of 2006''.
Sec. 2. National Dam Inventory.

                                Summary

    This section amends section 6 of the National Dam Safety 
Program Act to clarify that the National Dam Inventory should 
include a summary of the results of any inspection completed by 
either a Federal agency or a State dam safety agency.

                              Description

    Currently, the only information relating to inspections 
included in the National Dam Inventory is the date of the most 
recent inspection. This section ensures that a summary of the 
results of inspections also will be collected and made publicly 
available by requiring inclusion in the inventory. This section 
does not require any new or additional inspections, nor does it 
require any greater level of detail for inspections than is 
already required for Federal agencies and State dam safety 
agencies.
Sec. 3. National Dam Safety Program.

                                Summary

    This section amends section 8 of the National Dam Safety 
Program Act to include performance measures as part of the 
strategic plan and to add criteria for State dam safety 
programs to be eligible for assistance under the Act.

                              Description

    To be eligible to receive assistance under the Act, a State 
must be working toward meeting the criteria for State dam 
safety programs listed in the Act. One of the criteria is the 
authority to require or perform inspections, at least once 
every 5 years, of all high-hazard dams. High-hazard dams are 
those dams the failure of which would pose a significant threat 
to human life and property. Since the hazard level of a dam may 
change over time--due to changes to the structure or operation 
of the dam or development of downstream areas--this section 
adds to the criteria the authority to require or perform 
periodic evaluations of all dams to determine the hazard level 
of each dam. The section also adds to the criteria the 
authority to require owners of dams, when appropriate, to 
install and monitor instrumentation.
Sec. 4. Authorization of appropriations.

                                Summary

    This section amends section 13 of the National Dam Safety 
Program Act to authorize appropriations for fiscal years 2007-
2011.

                              Description

    This section makes the following increases in authorization 
levels for the next five fiscal years:

       $8,000,000 (from $6,000,000) for the Interagency 
Committee on Dam Safety and the National Dam Safety Program;
       $1,000,000 (from $500,000) for the National Dam 
Inventory;
       $2,000,000 (from $1,500,000) for research;
       $700,000 (from $500,000) for dam safety 
training; and
       $1,000,000 (from $600,000) for staff personnel 
to carry out the National Dam Safety Program and dam safety 
training.

                          Legislative History

    On May 4, 2006, Senator Bond introduced S. 2735, which was 
cosponsored by Senator Akaka. The bill was read twice and 
referred to the Senate Committee on Environment and Public 
Works. The committee met on May 23, 2006, to consider the bill. 
During consideration of the bill, an amendment in the nature of 
a substitute offered by Senators Inhofe and Jeffords was agreed 
to by voice vote. S. 2735, as amended, was ordered favorably 
reported by voice vote.

                                Hearings

    No committee hearings were held on S. 2735.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 2735 on May 23, 2006. During consideration of the 
bill, an amendment in the nature of a substitute offered by 
Senators Inhofe and Jeffords was agreed to by voice vote. The 
bill, as amended, was ordered favorably reported by voice vote. 
No roll call votes were taken.

                      Regulatory Impact Statement

    In compliance with Section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 2735 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 2735 would not 
impose Federal intergovernmental unfunded mandates on State, 
local or tribal governments. Enacting this bill would benefit 
States by increasing the amount authorized for State grants. 
The bill does not impose any private-sector mandates.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:
                              ----------                              

S. 2735, Dam Safety Act of 2006, As ordered reported by the Senate 
        Committee on Environment and Public Works on May 23, 2006
Summary
    S. 2735 would reauthorize the national dam safety program 
through fiscal year 2011. The safety program, administered by 
the Federal Emergency Management Agency (FEMA), provides grants 
to State regulatory agencies, funds research projects aimed at 
improving dam safety, and trains safety officials and dam 
operators. The bill would authorize the appropriation of $12.7 
million for each year over the 2007-2011 period for the 
national dam safety program.
    Assuming appropriation of the amounts specified in S. 2735, 
CBO estimates that implementing the bill would cost about $60 
million over the 2007-2011 period. Enacting S. 2735 would not 
affect direct spending or receipts.
    S. 2735 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on State, local, or tribal 
governments. Enacting this bill would benefit States by 
increasing the amount authorized for State grants.
Estimated Cost to the Federal Government
    The estimated budgetary impact of S. 2735 is shown in the 
following table. The costs of this legislation fall within 
budget function 450 (community and regional development). For 
this estimate, CBO assumes that S. 2735 will be enacted near 
the beginning of fiscal year 2007 and that the amounts 
specified in the bill will be appropriated for each fiscal 
year. Estimates of outlays are based on historical spending 
patterns for the national dam safety program.


                 By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
                                   2007    2008    2009    2010    2011
------------------------------------------------------------------------
 CHANGES IN SPENDING SUBJECT TO
          APPROPRIATION
Authorization Level.............      13      13      13      13      13
Estimated Outlays...............      10      13      13      13      13
------------------------------------------------------------------------

Intergovernmental and Private-Sector Impact
    S. 2735 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on State, 
local, or tribal governments. Enacting this bill would benefit 
States by increasing the amount authorized for State grants.
    Under current law, State dam safety programs are required 
to work toward meeting certain criteria to receive Federal 
assistance through the national dam safety program. S. 2735 
would modify those criteria to require States' dam safety 
programs to include the authority to require owners of dams, 
including dams in the private sector, to install and monitor 
certain instruments.
    Estimate Prepared By: Federal Costs: Gregory Waring; Impact 
on State, Local, and Tribal Governments: Emily Holt and 
Marjorie Miller; Impact on the Private Sector: Amy Petz.
    Estimate Approved By: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:
                              ----------                              


                    NATIONAL DAM SAFETY PROGRAM ACT

 AN ACT To authorize the Secretary of the Army to undertake a national 
                     program of inspection of 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 ``National Dam Safety Program 
Act''.

           *       *       *       *       *       *       *


[SEC. 6. NATIONAL DAM INVENTORY.

    [The Secretary of the Army, acting through the Chief of 
Engineers, may maintain and periodically publish updated 
information on the inventory of dams in the United States.]

SEC. 6. NATIONAL DAM INVENTORY.

    (a) In General.--The Secretary of the Army, acting through 
the Chief of Engineers, shall maintain and update information 
on the inventory of dams in the United States.
    (b) Requirement.--The inventory of dams described in 
subsection (a) shall include a summary of the results of any 
inspection completed by either a Federal agency or a State dam 
safety agency.

           *       *       *       *       *       *       *


SEC. 8. NATIONAL DAM SAFETY PROGRAM.

    (a) * * *

           *       *       *       *       *       *       *

    (b) Duties.--The Director shall prepare a strategic plan--
            (1) to establish goals, priorities, [and target 
        dates to] performance measures, and target dates toward 
        effectively administering this Act in order to improve 
        the safety of dams in the United States; and
            (2) to the extent feasible, to establish 
        cooperation and coordination with, and assistance to, 
        interested governmental entities in all States.

           *       *       *       *       *       *       *

    (e) Assistance for State Dam Safety Programs.--
            (1) In general.--To encourage the establishment and 
        maintenance of effective State programs intended to 
        ensure dam safety, to protect human life and property, 
        and to improve State dam safety programs, the Director 
        shall provide assistance with amounts made available 
        under section 13 to assist States in establishing, 
        maintaining, and improving dam safety programs in 
        accordance with the criteria specified in paragraph 
        (2).
            (2) Criteria and budgeting requirement.--For a 
        State to be eligible for assistance under this 
        subsection, a State dam safety program must be working 
        toward meeting the following criteria and budgeting 
        requirement:
                    (A) Criteria.--A State dam safety program 
                must be authorized by State legislation to 
                include [substantially], at a minimum--
                            (i) the authority to review and 
                        approve plans and specifications to 
                        construct, enlarge, modify, remove, and 
                        abandon dams;
                            (ii) the authority to perform 
                        periodic inspections during dam 
                        construction to ensure compliance with 
                        approved plans and specifications;
                            (iii) a requirement that, on 
                        completion of dam construction, State 
                        approval must be given before operation 
                        of the dam;
                            (iv) the authority to require or 
                        perform periodic evaluations of all 
                        dams and reservoirs to determine the 
                        extent of the threat to human life and 
                        property in case of failure;
                            [(iv)] (v)(I) the authority to 
                        require or perform the inspection, at 
                        least once every 5 years, of all dams 
                        and reservoirs that would pose a 
                        significant threat to human life and 
                        property in case of failure to 
                        determine the continued safety of the 
                        dams and reservoirs; and
                            (II) a procedure for more detailed 
                        and frequent safety inspections;
                            [(v)] (vi) a requirement that all 
                        inspections be performed under the 
                        supervision of a State-registered 
                        professional engineer with related 
                        experience in dam design and 
                        construction;
                            [(vi)] (vii) the authority to issue 
                        notices, when appropriate, to require 
                        owners of dams to perform necessary 
                        maintenance or remedial work, install 
                        and monitor instrumentation, improve 
                        security, revise operating procedures, 
                        or take other actions, including 
                        breaching dams when necessary;
                            [(vii)] (viii) regulations for 
                        carrying out the legislation of the 
                        State described in this subparagraph;
                            [(viii)] (ix) provision for 
                        necessary funds--
                                    (I) to ensure timely 
                                repairs or other changes to, or 
                                removal of, a dam in order to 
                                protect human life and 
                                property; and
                                    (II) if the owner of the 
                                dam does not take action 
                                described in subclause (I), to 
                                take appropriate action as 
                                expeditiously as practicable;
                            [(ix)] (x) a system of emergency 
                        procedures to be used if a dam fails or 
                        if the failure of a dam is imminent; 
                        and
                            [(x)] (xi) an identification of--
                                    (I) each dam the failure of 
                                which could be reasonably 
                                expected to endanger human 
                                life;
                                    (II) the maximum area that 
                                could be flooded if the dam 
                                failed; and
                                    (III) necessary public 
                                facilities that would be 
                                affected by the flooding.
                    (B) Budgeting requirement.--For a State to 
                be eligible for assistance under this 
                subsection, State appropriations must be 
                budgeted to carry out the legislation of the 
                State under subparagraph (A).
            (3) Work plans.--The Director shall enter into a 
        agreement with each State receiving assistance under 
        paragraph (2) to develop a work plan necessary for the 
        State dam safety program to reach a level of program 
        performance specified in the agreement.
            (4) Maintenance of effort.--Assistance may not be 
        provided to a State under this subsection for a fiscal 
        year unless the State enters into such agreement with 
        the Director as the Director requires to ensure that 
        the State will maintain the aggregate expenditures of 
        the State from all other sources for programs to ensure 
        dam safety for the protection of human life and 
        property at or above a level equal to the average 
        annual level of such expenditures for the 2 fiscal 
        years preceding the fiscal year.
            (5) Approval of programs.--
                    (A) Submission.--For a State to be eligible 
                for assistance under this subsection, a plan 
                for a State dam safety program shall be 
                submitted to the Director for approval.
                    (B) Approval.--A State dam safety program 
                shall be deemed to be approved 120 days after 
                the date of receipt by the Director unless the 
                Director determines within the 120-day period 
                that the State dam safety program fails to meet 
                the requirements of paragraphs (1) through (3).
                    (C) Notification of disapproval.--If the 
                Director determines that a State dam safety 
                program does not meet the requirements for 
                approval, the Director shall immediately notify 
                the State in writing and provide the reasons 
                for the determination and the changes that are 
                necessary for the plan to be approved.
            (6) Review of state dam safety programs.--Using the 
        expertise of the Board, the Director shall periodically 
        review State dam safety programs. If the Board finds 
        that a State dam safety program has proven inadequate 
        to reasonably protect human life and property and the 
        Director concurs, the Director shall revoke approval of 
        the State dam safety program, and withhold assistance 
        under this subsection, until the State dam safety 
        program again meets the requirements for approval.

           *       *       *       *       *       *       *


SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    (a) National Dam Safety Program.--
            (1) Annual amounts.--There are authorized to be 
        appropriated to FEMA to carry out sections 7, 8, and 11 
        (in addition to any amounts made available for similar 
        purposes included in any other Act and amounts made 
        available under subsections (b) through (e)), 
        [$6,000,000 for each of fiscal years 2003 through 2006] 
        $8,000,000 for each of fiscal years 2007 through 2011, 
        to remain available until expended.
            (2) Allocation.--
                    (A) In general.--Subject to subparagraphs 
                (B) and (C), for each fiscal year, amounts made 
                available under this subsection to carry out 
                section 8 shall be allocated among the States 
                as follows:
                            (i) One-third among States that 
                        qualify for assistance under section 
                        8(e).
                            (ii) Two-thirds among States that 
                        qualify for assistance under section 
                        8(e), to each such State in proportion 
                        to--
                                    (I) the number of dams in 
                                the State that are listed as 
                                State-regulated dams on the 
                                inventory of dams maintained 
                                under section 6; as compared to
                                    (II) the number of dams in 
                                all States that are listed as 
                                State-regulated dams on the 
                                inventory of dams maintained 
                                under section 6.
                    (B) Maximum amount of allocation.--The 
                amount of funds allocated to a State under this 
                paragraph may not exceed 50 percent of the 
                reasonable cost of implementing the State dam 
                safety program.
                    (C) Determination.--The Director and the 
                Board shall determine the amount allocated to 
                States.
    (b) National Dam Inventory.--There is authorized to be 
appropriated to carry out section 6 [$500,000 for each fiscal 
year] $1,000,000 for each of fiscal years 2007 through 2011.
    (c) Research.--There is authorized to be appropriated to 
carry out section 9 [$1,500,000 for each of fiscal years 2003 
through 2006] $2,000,000 for each of fiscal years 2007 through 
2011, to remain until expended.
    (d) Dam Safety Training.--There is authorized to be 
appropriated to carry out section 10 [$500,000 for each of 
fiscal years 2003 through 2006] $700,000 for each of fiscal 
years 2007 through 2011.
    (e) Staff.--There is authorized to be appropriated to FEMA 
for the employment of such additional staff personnel as are 
necessary to carry out sections 8 through 10 [$600,000 for each 
of fiscal years 2003 through 2006] $1,000,000 for each of 
fiscal years 2007 through 2011.

           *       *       *       *       *       *       *


                                 
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