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H.R. 3224 (110th): Dam Rehabilitation and Repair Act of 2007


The text of the bill below is as of Sep 24, 2008 (Reported by Senate Committee). The bill was not enacted into law.


HR 3224 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