II 

109TH CONGRESS 

2D SESSION S. 2444 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16 (legislative day, MARCH 15), 2006 

Mr. AKAKA (for himself and Mr. INOUYE) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Dam Rehabilitation 

5 and Repair Act of 2006’’. 

6 SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT 

7 DAMS. 

8 (a) DEFINITIONS.—Section 2 of the National Dam 

9 Safety Program Act (33 U.S.C. 467) is amended— 


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1 (1) by redesignating paragraphs (3), (4), (5), 

2 (6), (7), (8), (9), (10), (11), (12), and (13) as para3 graphs (4), (5), (6), (7), (8), (9), (10), (12), (13), 

4 (14), and (15), respectively; 

5 (2) by inserting after paragraph (2) the fol6 lowing: 

7 ‘‘(3) DEFICIENT DAM.—The term ‘deficient 

8 dam’ means a dam that, as determined by the State 

9 within the boundaries of which the dam is located— 

10 ‘‘(A) fails to meet minimum dam safety 

11 standards of the State; and 

12 ‘‘(B) poses an unacceptable risk to the 

13 public.’’; and 

14 (3) by inserting after paragraph (10) (as redes15 ignated by paragraph (1)) the following: 

16 ‘‘(11) REHABILITATION.—The term ‘rehabilita17 tion’ means the repair, replacement, reconstruction, 

18 or removal of a dam to meet applicable State dam 

19 safety and security standards.’’. 

20 (b) PROGRAM FOR REHABILITATION AND REPAIR OF

21 DEFICIENT DAMS.—The National Dam Safety Program 

22 Act is amended by inserting after section 8 (33 U.S.C. 

23 467f) the following: 


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1 ‘‘SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT 

2 DAMS. 

3 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Director 

4 shall establish, within FEMA, a program to provide grants 

5 to States for use in rehabilitation of publicly-owned defi6 cient dams. 

7 ‘‘(b) GRANTS.— 

8 ‘‘(1) IN GENERAL.—In carrying out the pro9 gram established under subsection (a), the Direc10 tor— 

11 ‘‘(A) may provide grants to States for the 

12 rehabilitation of deficient dams; and 

13 ‘‘(B) shall enter into a project grant agree14 ment with each State that receives a grant to 

15 establish the terms of the grant and the project, 

16 including the amount of the grant. 

17 ‘‘(2) APPLICATION.—To receive a grant under 

18 this section, a State shall submit to the Director an 

19 application at such time, in such manner, and con20 taining such information as the Director may re21 quire, by regulation. 

22 ‘‘(c) PRIORITY SYSTEM.—The Director, in consulta23 tion with the Board, shall develop a risk-based priority 

24 system for use in identifying deficient dams for which 

25 grants may be provided under this section. 


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1 ‘‘(d) ALLOCATION OF FUNDS.—During a fiscal year, 

2 of amounts appropriated pursuant to subsection (f)(1) for 

3 that fiscal year— 

‘‘(1) 1 4 ⁄3 shall be distributed equally among the 

5 States that receive grants under this section; and 

‘‘(2) 2 6 ⁄3 shall be distributed among the States 

7 described in paragraph (1) based on the ratio that— 

8 ‘‘(A) the number of non-Federal publicly9 owned dams located within the boundaries of a 

10 State that the Secretary of the Army identifies 

11 in the national inventory of dams maintained 

12 under section 6 as constituting a danger to 

13 human health; bears to 

14 ‘‘(B) the number of non-Federal publicly15 owned dams so identified located within the 

16 boundaries of all States that receive grants 

17 under this section. 

18 ‘‘(e) COST SHARING.—The Federal share of the cost 

19 of rehabilitation of a deficient dam for which a grant is 

20 made under this section shall be not more than 65 percent. 

21 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

22 ‘‘(1) IN GENERAL.—There are authorized to be 

23 appropriated to carry out this section, to remain 

24 available until expended— 

25 ‘‘(A) $50,000,000 for fiscal year 2007; and 


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1 ‘‘(B) $100,000,000 for each of fiscal years 

2 2008 through 2010. 

3 ‘‘(2) STAFF.—There is authorized to be appro4 priated to provide for the employment of such addi5 tional staff of FEMA as the Director determines to 

6 be necessary to carry out this section $400,000 for 

7 each of fiscal years 2007 through 2009, to remain 

8 available until expended.’’. 

9 SEC. 3. RULEMAKING. 

10 (a) PROPOSED RULEMAKING.—Not later than 90 

11 days after the date of enactment of this Act, the Under 

12 Secretary for Emergency Preparedness and Response, act13 ing through the Director of the Federal Emergency Man14 agement Agency, shall issue a notice of proposed rule15 making regarding the amendments made by section 2 to 

16 the National Dam Safety Program Act (33 U.S.C. 467 

17 et seq.). 

18 (b) FINAL RULE.—Not later than 120 days after the 

19 date of enactment of this Act, the Under Secretary for 

20 Emergency Preparedness and Response, acting through 

21 the Director of the Federal Emergency Management 

22 Agency, shall promulgate a final rule regarding the 

23 amendments described in subsection (a). 

Æ 


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