[Senate Report 110-495]
[From the U.S. Government Publishing Office]
Calendar No. 1071
110th Congress Report
SENATE
2d Session 110-495
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THE DAM REHABILITATION AND REPAIR ACT OF 2007
_______
September 24 (legislative day, September 17), 2008.--Ordered to be
printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany H.R. 3224]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (H.R. 3224) 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,
reports favorably thereon and recommends that the bill do pass.
Purposes of the Legislation
H.R. 3224 would require the Federal Emergency Management
Agency (FEMA) to create a program to provide grant assistance
to states for use in rehabilitating publicly-owned deficient
dams.
General Statement and Background
According to the Association of State Dam Safety Officials
(ASDSO), there have been 129 dam failures since 1999, including
the dam failure at the Ka Loko Dam in Hawaii, which killed
seven people and caused millions of dollars of damage in March
2006. The ASDSO has also estimated that $36.2 billion is needed
to rehabilitate dams throughout the nation, including $10.1
billion to deal with the most critical dams that pose a direct
risk to human life should they fail.
H.R. 3224 would address this situation by expanding the
National Dam Safety Program to include grant assistance to
states for use in rehabilitating publicly-owned deficient dams.
Section-by-Section Analysis
Section 1. Short title
This section establishes the bill title as the ``Dam
Rehabilitation and Repair Act of 2007''.
Section 2. Rehabilitation and repair of deficient dams
Subsection (a) amends section 2 of the National Dam Safety
Program Act (33 U.S.C. 467) by inserting definitions for
``deficient dam'' and ``rehabilitation''. A ``deficient dam''
is defined as one that fails to meet the minimum dam safety
standards of the State in which it is located and that poses an
unacceptable risk to the public. The term ``rehabilitation'' is
defined as the repair, replacement, reconstruction, or removal
of a dam that is carried out to meet applicable State dam
safety and security standards.
Subsection (b) adds a new section 8A to the National Dam
Safety Program Act to direct FEMA to create a program to
provide grant assistance to States for use in the
rehabilitation of publicly-owned deficient dams. The new
section 8A(b) sets out requirements for the applications and
project agreements for grants, including applying Federal
prevailing wage laws to construction work related to
rehabilitation of dams undertaken with this grant assistance.
The new section 8A(c) obligates the Director of FEMA, in
consultation with the National Dam Safety Review Board, to
create a risk-based priority system for use in identifying
deficient dams for which grants may be awarded as a result of
this section. The new section 8A(d) establishes the following
formula for distributing this grant assistance: In any fiscal
year, one-third of funds appropriated will be divided equally
among the States applying for grants. The remaining two-thirds
of funds will be disseminated to applying States based on a
specific ratio. The ratio consists of the number of non-Federal
publicly-owned dams that the Secretary of the Army identifies
in the national inventory of dams that comprise a danger to
human health and that are located within the boundaries of the
State as such number relates to the number of non-Federal
publicly-owned dams so identified located within the boundaries
of all applying States.
The new section 8A(e) establishes that the Federal share of
the cost of rehabilitation of a deficient dam may not exceed 65
percent.
The new section 8A(f) authorizes appropriations of $10
million in fiscal year (`FY') 2008; $15 million in FY 2009; $25
million in FY 2010; $50 million in FY 2011; and $100 million in
FY 2012. Also, this subsection authorizes $400,000 for each of
fiscal years 2008 through 2010 to finance additional FEMA staff
needed to carry out the grant program.
Section 3. Rulemaking
This section requires that, not later than 90 days after
the date of enactment of this Act, the Director of FEMA must
issue a notice of proposed rulemaking regarding the program
described in Section 2.
This section requires that, not later than 120 days after
the date of enactment of this Act, the Director of FEMA shall
issue a final rule regarding the program described in Section
2.
Legislative History
H.R. 3224 was introduced by Representative John T. Salazar
of Colorado. On October 30, 2007, the bill was received in the
Senate, read twice and referred to the Committee on Environment
and Public Works. The Committee met on September 17, 2008, when
H.R. 3224 was ordered favorably reported by voice vote.
Rollcall Votes
There were no roll call votes during the consideration of
the Dam Rehabilitation and Repair Act of 2008 by the Committee.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes evaluation of
the regulatory impact of the reported bill. The Committee finds
that this legislation, which makes grants to address deficient
dams, does not cause substantial regulatory impacts.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4), the Committee finds that this legislation does
not impose intergovernmental or private sector mandates as
defined under UMRA.
Congressional Budget Office Estimate
September 23, 2008.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3224, the Dam
Rehabilitation and Repair Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Daniel
Hoople.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 3224--Dam Rehabilitation and Repair Act of 2007
Summary: H.R. 3224 would authorize appropriations totaling
about $190 million through 2012 for the Federal Emergency
Management Agency (FEMA) to make grants to states for
repairing, replacing, reconstructing, and removing structurally
deficient dams. Assuming appropriation of the specified
amounts, CBO estimates that implementing H.R. 3224 would cost
$143 million over the 2009-2013 period and $47 million
thereafter. Enacting H.R. 3224 would not affect direct spending
or revenues.
H.R. 3224 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.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3224 is shown in the following table.
The costs of this legislation fall within budget function 450
(community and regional development).
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By fiscal year, in millions of dollars--
-------------------------------------------------------
2009 2010 2011 2012 2013 2009-2013
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Authorization Level..................................... 15 25 50 100 0 190
Estimated Outlays....................................... 4 12 25 51 51 143
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Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the start of fiscal year 2009
and that the amounts specified by the act will be appropriated
for each fiscal year.
Grants to States
H.R. 3224 would authorize the appropriation of $190 million
through 2012 for FEMA to make grants to states for a maximum of
65 percent of the cost to repair, replace, reconstruct, or
remove publically owned dams determined to be deficient.
Deficient dams would be defined as those failing to meet
minimum standards set by states and that pose an unacceptable
level of risk to the public. One-third of the funds authorized
by the act would be equally divided among all states that apply
for assistance. The remaining two-thirds would be awarded based
on the number of deficient dams within a state compared with
all other applicants.
Based on historical expenditure patterns for similar
activities, CBO estimates that spending for the proposed grants
would total $142 million over the 2009-2013 period. This
estimate assumes that grant funds would be disbursed as
construction and repairs occur and that projects would take an
average of three years to complete.
Administration
H.R. 3224 also would authorize the appropriation of
$400,000 a year through 2010 for the salaries and related
expenses of additional staff necessary for FEMA to implement
the grant program. CBO estimates that implementing this
provision would cost about $1 million over the next five years.
Intergovernmental and private-sector impact: H.R. 3224
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. States would benefit from the grants
provided in this legislation, and any costs those governments
incur to comply with grant requirements would be incurred
voluntarily as conditions of receiving that federal assistance.
Previous CBO estimate: On August 14, 2007, CBO transmitted
a cost estimate for H.R. 3224 as ordered reported by the House
Committee on Transportation and Infrastructure on August 2,
2007. That version is similar to this legislation; however, CBO
estimates total costs over the next five years to be greater
under the Senate version of the legislation because of a later
assumed enactment date.
Estimate prepared by: Federal costs: Daniel Hoople; Impact
on state, local, and tribal governments: Melissa Merrell;
Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, 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:
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NATIONAL DAM SAFETY PROGRAM ACT
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Board.--The term ``Board'' means a National Dam
Safety Review Board established under section 8(f).
(2) Dam.--The term ``dam''--
(A) means any artificial barrier that has the
ability to impound water, wastewater, or any
liquid-borne material, for the purpose of
storage or control of water, that--
(i) is 25 feet or more in height
from--
(I) the natural bed of the
stream channel or watercourse
measured at the downstream toe
of the barrier; or
(II) if the barrier is not
across a stream channel or
watercourse, from the lowest
elevation of the outside limit
of the barrier;
to the maximum water storage elevation;
or
(ii) has an impounding capacity for
maximum storage elevation of 50 acre-
feet or more; but
(B) does not include--
(i) a levee; or
(ii) a barrier described in
subparagraph (A) that--
(I) is 6 feet or less in
height regardless of storage
capacity; or
(II) has a storage capacity
at the maximum water storage
elevation that is 15 acre-feet
or less regardless of height;
unless the barrier, because of the
location of the barrier or another
physical characteristic of the barrier,
is likely to pose a significant threat
to human life or property if the
barrier fails (as determined by the
Director).
(3) Deficient dam.--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.
[(3)](4) Director.--The term ``Director'' means the
Director of FEMA.
[(4)](5) Federal agency.--The term ``Federal agency''
means a Federal agency that designs, finances,
constructs, owns, operates, maintains, or regulates the
construction, operation, or maintenance of a dam.
[(5)](6) Federal guidelines for dam safety.--The term
``Federal Guidelines for Dam Safety'' means the FEMA
publication, numbered 93 and dated June 1979, that
defines management practices for dam safety at all
Federal agencies.
[(6)](7) FEMA.--The term ``FEMA'' means the Federal
Emergency Management Agency.
[(7)](8) Hazard reduction.--The term ``hazard
reduction'' means the reduction in the potential
consequences to life and property of dam failure.
[(8)](9) ICODS.--The term ``ICODS'' means the
Interagency Committee on Dam Safety established by
section 7.
[(9)](10) Program.--The term ``Program'' means the
national dam safety program established under section
8.
(11) 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.
[(10)](12) State.--The term ``State'' means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and any other
territory or possession of the United States.
[(11)](13) State dam safety agency.--The term ``State
dam safety agency'' means a State agency that has
regulatory authority over the safety of non-Federal
dams.
[(12)](14) State dam safety program.--The term
``State dam safety program'' means a State dam safety
program approved and assisted under section 8(e).
[(13)](15) United states.--The term ``United
States'', when used in a geographical sense, means all
of the States.
* * * * * * *
SEC. 8. NATIONAL DAM SAFETY PROGRAM.
(a) In General.--The Director, in consultation with ICODS and
State dam safety agencies, and the Board shall establish and
maintain, in accordance with this section, a coordinated
national dam safety program. The Program shall--
(1)* * *
* * * * * * *
SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
(a) Establishment of Program.--The Director shall establish,
within FEMA, a program to provide grant assistance to States
for use in rehabilitation of publicly-owned deficient dams.
(b) Award of Grants.--
(1) Application.--A State interested in receiving a
grant under this section may submit to the Director an
application for such grant. Applications submitted to
the Director under this section shall be submitted at
such times, be in such form, and contain such
information, as the Director may prescribe by
regulation.
(2) In general.--Subject to the provisions of this
section, the Director may make a grant 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. 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.
(3) Applicability of standards.--The Director shall
require States that apply for grants under this section
to comply with the standards of section 611(j)(9) of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196(j)(9)), as in effect on
the date of enactment of this section, with respect to
projects assisted under this section in the same manner
as recipients are required to comply in order to
receive financial contributions from the Director for
emergency preparedness purposes.
(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 made under
this section.
(d) Allocation of Funds.--The total amount of funds
appropriated pursuant to subsection (f)(1) for a fiscal year
shall be allocated for making grants under this section to
States applying for such grants for that fiscal year as
follows:
(1) One-third divided equally among applying States.
(2) Two-thirds among applying States based on the
ratio 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) Cost Sharing.--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
such rehabilitation.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section--
(A) $10,000,000 for fiscal year 2008;
(B) $15,000,000 for fiscal year 2009;
(C) $25,000,000 for fiscal year 2010;
(D) $50,000,000 for fiscal year 2011; and
(E) $100,000,000 for fiscal year 2012.
(2) Staff.--There are 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 2008 through 2010.
(3) Period of availability.--Sums appropriated
pursuant to this section shall remain available until
expended.
* * * * * * *