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[House Report 110-386]
[From the U.S. Government Publishing Office]

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:

``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.

                       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.

                  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 risk-based priority system for use in 
identifying deficient dams for which grants may be awarded 
under this program. States are required 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.
    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.

                              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.
    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.

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.

                      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.
          [(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. 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.

           *       *       *       *       *       *       *

                                  
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