II 

109TH CONGRESS 

2D SESSION S. 2735 

To amend the National Dam Safety Program Act to reauthorize the national 

dam safety program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 4, 2006 

Mr. BOND (for himself and Mr. AKAKA) 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 reauthorize the national dam safety program, and for other 

purposes. 

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 Safety Act of 

5 2006’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 2 of the National Dam Safety Program Act 

8 (33 U.S.C. 467) is amended— 


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1 (1) by redesignating paragraph (13) as para2 graph (14); and 

3 (2) by inserting after paragraph (12) the fol4 lowing: 

5 ‘‘(13) STATE-REGULATED DAM.—The term 

6 ‘State-regulated dam’ means a State dam subject to 

7 the criteria described in clauses (i), (iv), and (vi) of 

8 section 8(e)(2)(A).’’. 

9 SEC. 3. INSPECTION OF DAMS. 

10 Section 3(a) of the National Dam Safety Program 

11 Act (33 U.S.C. 467a(a)) is amended in paragraph (2) of 

12 the second sentence by striking ‘‘under the authority of 

13 the Federal Power Act,’’ and inserting ‘‘by the Federal 

14 Energy Regulation Commission,’’. 

15 SEC. 4. NATIONAL DAM INVENTORY. 

16 Section 6 of the National Dam Safety Program Act 

17 (33 U.S.C. 467d) is amended to read as follows: 

18 ‘‘SEC. 6. NATIONAL DAM INVENTORY. 

19 ‘‘(a) IN GENERAL.—The Secretary of the Army, act20 ing through the Chief of Engineers, shall maintain and 

21 update information on the inventory of dams in the United 

22 States. 

23 ‘‘(b) REQUIREMENT.—The inventory of dams de24 scribed in subsection (a) shall include an assessment of 


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1 each dam based on inspections completed by either a Fed2 eral agency or a State dam safety agency.’’. 

3 SEC. 5. NATIONAL DAM SAFETY PROGRAM. 

4 (a) DUTIES.—Section 8(b)(1) of the National Dam 

5 Safety Program Act (33 U.S.C. 467f(b)(1)) is amended 

6 by striking ‘‘and target dates to’’ and inserting ‘‘perform7 ance measures, and target dates toward effectively admin8 istering this Act in order to’’. 

9 (b) ASSISTANCE FOR STATE DAM SAFETY PRO10 GRAMS.—Section 8(e)(2)(A) of the National Dam Safety 

11 Program Act (33 U.S.C. 467f(e)(2)(A)) is amended— 

12 (1) in the matter preceding clause (i), by strik13 ing ‘‘substantially’’; 

14 (2) by striking clause (iv) and inserting the fol15 lowing: 

16 ‘‘(iv)(I) the authority to require or 

17 perform the inspection, at least once every 

18 5 years, of all dams and reservoirs that 

19 would pose a significant threat to human 

20 life and property in case of failure to de21 termine the continued safety of the dams 

22 and reservoirs; 

23 ‘‘(II) authority to require or perform 

24 the inspection, at least once every 5 years, 

25 of those dams and reservoirs that pose a 


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1 significant threat to human life and prop2 erty; and 

3 ‘‘(III) a procedure for more detailed 

4 and frequent safety inspections;’’; and 

5 (3) in clause (vi), by inserting ‘‘install and mon6 itor instrumentation,’’ after ‘‘remedial work,’’. 

7 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

8 Section 13 of the National Dam Safety Program Act 

9 (33 U.S.C. 467j) is amended to read as follows: 

10 ‘‘SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘(a) NATIONAL DAM SAFETY PROGRAM.— 

12 ‘‘(1) ANNUAL AMOUNTS.—There are authorized 

13 to be appropriated to FEMA to carry out sections 

14 7, 8, and 11 (in addition to any amounts made 

15 available for similar purposes included in any other 

16 Act and amounts made available under subsections 

17 (b) through (e)) $8,000,000 for each of fiscal years 

18 2007 through 2011, to remain available until ex19 pended. 

20 ‘‘(2) ALLOCATION.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graphs (B) and (C), for each fiscal year, 

23 amounts made available under this subsection 

24 to carry out section 8 shall be allocated among 

25 the States as follows: 


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‘‘(i) 1 1 ⁄3 among States that qualify for 

2 assistance under section 8(e). 

‘‘(ii) 2 3 ⁄3 among States that qualify for 

4 assistance under section 8(e), to each State 

5 in proportion to— 

6 ‘‘(I) the number of dams in the 

7 State that are listed as State-regu8 lated dams on the inventory of dams 

9 maintained under section 6; as com10 pared to 

11 ‘‘(II) the number of dams in all 

12 States that are listed as State-regu13 lated dams on the inventory of dams 

14 maintained under section 6. 

15 ‘‘(B) MAXIMUM AMOUNT OF ALLOCA16 TION.—The amount of funds allocated to a 

17 State under this paragraph may not exceed 50 

18 percent of the reasonable cost of implementing 

19 the State dam safety program. 

20 ‘‘(C) DETERMINATION.—The Director and 

21 the Board shall determine the amount allocated 

22 to States. 

23 ‘‘(b) NATIONAL DAM INVENTORY.—There is author24 ized to be appropriated to carry out section 6 $1,000,000 

25 for each fiscal year. 


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1 ‘‘(c) RESEARCH.—There is authorized to be appro2 priated to carry out section 9 $2,000,000 for each of fiscal 

3 years 2007 through 2011, to remain until expended. 

4 ‘‘(d) DAM SAFETY TRAINING.—There is authorized 

5 to be appropriated to carry out section 10 $700,000 for 

6 each of fiscal years 2007 through 2011. 

7 ‘‘(e) STAFF.—There is authorized to be appropriated 

8 to FEMA for the employment of such additional staff per9 sonnel as are necessary to carry out sections 8 through 

10 10 $1,000,000 for each of fiscal years 2007 through 2011. 

11 ‘‘(f) LIMITATION ON USE OF AMOUNTS.—Amounts 

12 made available under this Act may not be used to con13 struct or repair any Federal or non-Federal dam.’’. 

Æ 


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