[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 3224 Reported in Senate (RS)]
Calendar No. 1071
110th CONGRESS
2d Session
H. R. 3224
[Report No. 110-495]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 30, 2007
Received; read twice and referred to the Committee on Environment and
Public Works
September 24 (legislative day, September 17), 2008
Reported by Mrs. Boxer, without amendment
_______________________________________________________________________
AN ACT
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.
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
2007''.
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--
(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 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.'';
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 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 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.''.
SEC. 3. RULEMAKING.
(a) Proposed Rulemaking.--Not later than 90 days after the date of
enactment of this Act, 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 Director of the Federal Emergency Management
Agency shall issue a final rule regarding such amendments.
Calendar No. 1071
110th CONGRESS
2d Session
H. R. 3224
[Report No. 110-495]
_______________________________________________________________________
AN ACT
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.
_______________________________________________________________________
September 24 (legislative day, September 17), 2008
Reported without amendment