69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–386 

DAM REHABILITATION AND REPAIR ACT OF 2007 

OCTOBER 18, 2007.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. OBERSTAR, from the Committee on Transportation and 

Infrastructure, 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 Transportation and Infrastructure, to whom 

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, having 

considered the same, report favorably thereon with an amendment 

and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

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: 


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‘‘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 publiclyowned 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. 

PURPOSE OF THE LEGISLATION

H.R. 3224, as amended, makes changes to the National Dam 

Safety Program to establish a program that provides grant assistance to States for the rehabilitation and repair of deficient dams. 


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BACKGROUND AND NEED FOR LEGISLATION

In 1972, Congress directed the Secretary of the Army to undertake a national program on the inspection of dams in the National 

Dam Inspection Act (P.L. 92–367). Section 215 of the Water Resources Development Act of 1996 (P.L. 104–303), known as the National Dam Safety Program Act, amended the 1972 Act to establish 

the National Dam Safety Program as a partnership of States, Federal agencies, and other stakeholders to encourage individual and 

community responsibility for dam safety. The National Dam Safety 

Program Act has as its mission to ‘‘* * * reduce the risks to life 

and property from dam failure in the United States through the establishment and maintenance of an effective national dam safety 

program to bring together the expertise and resources of the federal and non-federal communities in achieving national dam safety 

hazard reduction.’’

Since its creation, the National Dam Safety Program has helped 

to mitigate the risk of dam failure by providing technical and financial assistance to state dam safety officials. There are approximately 80,000 dams in the United States; of these dams, approximately 10,000 dams are considered to have high-hazard potential, 

meaning their failure could result in loss of life or severe property 

damage. Private individuals, corporations, and state and local governments own more than 95 percent of the dams in the United 

States, making state dam safety officials our first line of defense 

in preventing dam failures and mitigating the effects through the 

development of Emergency Action Plans. A primary function of the 

National Dam Safety Program is to increase the level of knowledge 

and preparedness to prevent and mitigate the effects of dam failures. 

The National Dam Safety Program Act includes: 

• a National Dam Inventory to provide to the public periodically updated information on the inventory of dams in the 

United States; 

• 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; 

• a National Dam Safety Program, including a strategic plan, 

a National Dam Safety Review Board, and grant assistance to 

States to provide vital support for the improvement of the state 

dam safety programs that regulate most of the dams in the 

United States; 

• a dam safety research effort for technical and archival research; and 

• safety training for state dam safety staff and inspectors. 

H.R. 3224 authorizes the Director of the Federal Emergency 

Management Agency (‘‘FEMA’’) to provide grants for the rehabilitation and repair of publicly owned dams. Any State that seeks assistance under this program would make an application for funds 

to the FEMA Director. The FEMA Director, in consultation with 

the National Dam Safety Review Board, would establish a riskbased priority system for use in identifying deficient dams for 

which grants may be awarded under this program. States are reVerDate Aug 31 2005 05:20 Oct 19, 2007 Jkt 069006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR386.XXX HR386

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quired to provide at least 35 percent of the funds necessary to rehabilitate such dams. 

The Committee recognizes that there are dams owned by local or 

municipal governments or other public agencies that provide significant benefits to the public. Although States are the sole eligible 

applicants for funds authorized by H.R. 3224, the Committee on 

Transportation and Infrastructure believes that these dams should 

be eligible for rehabilitation funds granted to States. No dam which 

is not publicly owned, including any dam owned by a for-profit corporation or business entity, is eligible to receive assistance authorized under H.R. 3224. The Committee strongly recommends that 

FEMA’s rulemaking process consider a definition of publicly owned 

dams as dams owned or operated by State, local, or municipal governments, or agencies created by state, local, or municipal legislative authority, and which provide public benefits such as local flood 

control districts, regional public water utilities, public water and 

sewerage facilities, and local irrigation districts. 

The Committee also recommends that the rulemaking include 

verification from the State Dam Safety Official of the high hazard 

classification and the publicly owned dam status for specific dam 

rehabilitation projects that request funding. 

SUMMARY OF THE LEGISLATION

Section 1. Short title 

Section 1 cites the title of the bill as the ‘‘Dam Rehabilitation and 

Repair Act of 2007’’. 

Section 2. Rehabilitation and repair of deficient dams 

Subsection (a) amends the National Dam Safety Program Act (33 

U.S.C. 467) by inserting definitions for ‘‘deficient dam’’ and ‘‘rehabilitation’’. 

Subsection (b) directs FEMA to establish a program to provide 

grant assistance to States for use in the rehabilitation of publicly 

owned deficient dams. A State interested in receiving a grant must 

submit an application to the Director of FEMA. The Director will 

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. The subsection also applies Federal prevailing wage laws to 

construction work related to rehabilitation or repair of dams. 

The subsection requires the Director, in consultation with the 

National Dam Safety Review Board, to establish a risk-based priority system for use in identifying deficient dams for which grants 

may be awarded under this section. One-third of funds appropriated for the program in any fiscal year will be divided among 

States applying for a grant. The remaining two-thirds of funds will 

be distributed 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 constitute 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 of all 

applying States. The Federal share of the cost of rehabilitation of 

a deficient dam may not exceed 65 percent. 


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Finally, the subsection 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. In 

addition, this subsection authorizes $400,000 for each of fiscal 

years 2008 through 2010 to finance additional FEMA staff to administer the grant program. 

Section 3. Rulemaking 

Subsection (a) 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. 

Subsection (b) 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 AND COMMITTEE CONSIDERATION

In the 109th Congress, the Subcommittee on Economic Development, Public Buildings, and Emergency Management held a hearing on the National Dam Safety Program on July 26, 2006. On 

March 3, 2005, former Representative Sue Kelly introduced H.R. 

1105, the ‘‘Dam Rehabilitation and Repair Act of 2005’’. On September 14, 2006, the Subcommittee recommended H.R. 1105 favorably to the Committee on Transportation and Infrastructure. On 

September 20, 2006, the Committee on Transportation and Infrastructure ordered the bill reported favorably to the House. No further action was taken on the bill. 

On September 14, 2006, the Subcommittee also considered H.R. 

4981, a bill to reauthorize the National Dam Safety Program. The 

Subcommittee recommended the bill favorably to the Committee on 

Transportation and Infrastructure. On September 20, 2006, the 

Committee on Transportation and Infrastructure ordered H.R. 4981 

reported favorably to the House. On September 27, the House 

passed H.R. 4981. On December 9, 2006, the House passed a similar Senate bill (S. 2735), which became Public Law 109–460. 

In the 110th Congress, the Subcommittee on Economic Development, Public Buildings, and Emergency Management held a hearing on the National Levee Safety and Dam Safety Programs on 

May 7, 2007. 

On July 30, 2007, Representative John T. Salazar introduced 

H.R. 3224, the ‘‘Dam Rehabilitation and Repair Act of 2007’’. On 

August 1, the Subcommittee on Economic Development, Public 

Buildings and Emergency Management met in open session to consider H.R. 3224 and recommended the bill favorably to the Committee on Transportation and Infrastructure by voice vote. On August 2, 2007, the Committee on Transportation and Infrastructure 

met in open session to consider H.R. 3224. The Committee adopted, 

by voice vote, an amendment to make a technical modification to 

section 2(b) of the bill. The Committee on Transportation and Infrastructure ordered the bill, as amended, reported favorably to the 

House by voice vote. 


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RECORD VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

each committee report to include the total number of votes cast for 

and against on each record vote on a motion to report and on any 

amendment offered to the measure or matter, and the names of 

those members voting for and against. There were no recorded 

votes taken in connection with the amendment offered to H.R. 3224 

or with ordering H.R. 3224 reported. A motion to order H.R. 3224, 

as amended, reported favorably to the House was agreed to by 

voice vote with a quorum present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and 308(a) of the 

Congressional Budget Act of 1974, the Committee references the 

report of the Congressional Budget Office included in the report. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 

and objectives of this legislation are to amend the National Dam 

Safety Program to establish a program to provide grant assistance 

to States for the rehabilitation and repair of deficient dams. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 3224 from the Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 14, 2007. 

Hon. JAMES L. OBERSTAR, 

Chairman, Committee on Transportation and Infrastructure, House 

of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3224, the Dam Rehabilitation and Repair Act of 2007. 


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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, 

Director. 

Enclosure. 

H.R. 3224—Dam Rehabilitation and Repair Act of 2007 

Summary: H.R. 3224 would authorize appropriations totaling 

$201 million over the 2008–2012 period for the Federal Emergency 

Management Agency (FEMA) to make grants to states to repair, 

replace, reconstruct, and remove structurally deficient dams. Assuming appropriation of the specified amounts, CBO estimates that 

implementing H.R. 3224 would cost $103 million over the 2008–

2012 period and $98 million after 2012. Enacting H.R. 3224 would 

have no effect on 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). 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ........................................................................................ 10 15 25 50 100 

Estimated Outlays ......................................................................................... 3 7 15 27 51 

Basis of estimate: For this estimate, CBO assumes that H.R. 

3224 will be enacted near the start of fiscal year 2008 and that 

amounts specified by the bill will be appropriated for each fiscal 

year. We estimate that federal spending under H.R. 3224 for grants 

and administrative expenses would total $3 million in 2008 and 

$103 million over the 2008–2012 period. 

Grants to states 

H.R. 3224 would authorize the appropriation of $200 million over 

the 2008–2012 period for FEMA to make grants to states for a 

maximum of 65 percent of the costs to repair, replace, reconstruct, 

or remove publically owned dams determined to be deficient. The 

bill would define deficient dams as those failing to meet minimum 

state standards and that pose an unacceptable level of risk to the 

public. One-third of the funds authorized by the bill 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 to all other state applicants. 

Based on historical spending patterns for similar activities, CBO 

estimates that spending for the proposed grants would total $3 million in 2008 and $102 million over the 2008–2012 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. 


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Administration 

H.R. 3224 also would authorize the appropriation of $400,000 a 

year over the 2008–2010 period for the salaries and related expenses of additional staff necessary for FEMA to implement the 

proposed grant program. Based on historical spending patterns and 

assuming appropriation of the specified amounts, CBO estimates 

that implementing this provision would cost $1.2 million over the 

2008–2012 period. 

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. CBO estimates that state governments would receive about 

$100 million over the 2008–2012 period for grants authorized in 

the bill. Any costs to those governments of complying with grant 

requirements would be incurred voluntarily as conditions of receiving federal assistance. 

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: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

COMPLIANCE WITH HOUSE RULE XXI 

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, H.R. 3224, as amended, does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits 

as defined in clause 9(d), 9(e), or 9(f) of rule XXI of the Rules of 

the House of Representatives. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause (3)(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 3224, as amended, does not preempt any state, local, or 

tribal law. 


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ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, 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 

* * * * * * * 

SEC. 2. DEFINITIONS. 

In this Act, the following definitions apply: 

(1) * * * 

* * * * * * * 

(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. 

ø(3)¿ (4) DIRECTOR.—The term ‘‘Director’’ means the Director 

of FEMA. 

ø(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. 

ø(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. 

ø(6)¿ (7) FEMA.—The term ‘‘FEMA’’ means the Federal 

Emergency Management Agency. 

ø(7)¿ (8) HAZARD REDUCTION.—The term ‘‘hazard reduction’’

means the reduction in the potential consequences to life and 

property of dam failure. 

ø(8)¿ (9) ICODS.—The term ‘‘ICODS’’ means the Interagency 

Committee on Dam Safety established by section 7. 

ø(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. 


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ø(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. 

ø(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. 

ø(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). 

ø(13)¿ (15) UNITED STATES.—The term ‘‘United States’’, when 

used in a geographical sense, means all of the States. 

* * * * * * * 

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—


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(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. 

* * * * * * * 

Æ 


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