II 

Calendar No. 511 

109TH CONGRESS 

2D SESSION S. 2735 

[Report No. 109–276] 

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 

JULY 10, 2006 

Reported by Mr. INHOFE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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1 SEC. 2. DEFINITIONS. 

2 Section 2 of the National Dam Safety Program Act 

3 (33 U.S.C. 467) is amended— 

4 (1) by redesignating paragraph (13) as para5 graph (14); and 

6 (2) by inserting after paragraph (12) the fol7 lowing: 

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

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

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

11 section 8(e)(2)(A).’’. 

12 SEC. 3. INSPECTION OF DAMS. 

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

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

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

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

17 Energy Regulation Commission,’’. 

18 SEC. 4. NATIONAL DAM INVENTORY. 

19 Section 6 of the National Dam Safety Program Act 

20 (33 U.S.C. 467d) is amended to read as follows: 

21 ‘‘SEC. 6. NATIONAL DAM INVENTORY. 

22 ‘‘(a) IN GENERAL.—The Secretary of the Army, act23 ing through the Chief of Engineers, shall maintain and 

24 update information on the inventory of dams in the United 

25 States. 


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1 ‘‘(b) REQUIREMENT.—The inventory of dams de2 scribed in subsection (a) shall include an assessment of 

3 each dam based on inspections completed by either a Fed4 eral agency or a State dam safety agency.’’. 

5 SEC. 5. NATIONAL DAM SAFETY PROGRAM. 

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

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

8 by striking ‘‘and target dates to’’ and inserting ‘‘perform9 ance measures, and target dates toward effectively admin10 istering this Act in order to’’. 

11 (b) ASSISTANCE FOR STATE DAM SAFETY PRO12 GRAMS.—Section 8(e)(2)(A) of the National Dam Safety 

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

14 (1) in the matter preceding clause (i), by strik15 ing ‘‘substantially’’; 

16 (2) by striking clause (iv) and inserting the fol17 lowing: 

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

19 perform the inspection, at least once every 

20 5 years, of all dams and reservoirs that 

21 would pose a significant threat to human 

22 life and property in case of failure to de23 termine the continued safety of the dams 

24 and reservoirs; 


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1 ‘‘(II) authority to require or perform 

2 the inspection, at least once every 5 years, 

3 of those dams and reservoirs that pose a 

4 significant threat to human life and prop5 erty; and 

6 ‘‘(III) a procedure for more detailed 

7 and frequent safety inspections;’’; and 

8 (3) in clause (vi), by inserting ‘‘install and mon9 itor instrumentation,’’ after ‘‘remedial work,’’. 

10 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

11 Section 13 of the National Dam Safety Program Act 

12 (33 U.S.C. 467j) is amended to read as follows: 

13 ‘‘SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

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

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

16 to be appropriated to FEMA to carry out sections 

17 7, 8, and 11 (in addition to any amounts made 

18 available for similar purposes included in any other 

19 Act and amounts made available under subsections 

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

21 2007 through 2011, to remain available until ex22 pended. 

23 ‘‘(2) ALLOCATION.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graphs (B) and (C), for each fiscal year, 


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1 amounts made available under this subsection 

2 to carry out section 8 shall be allocated among 

3 the States as follows: 

‘‘(i) 1 4 ⁄3 among States that qualify for 

5 assistance under section 8(e). 

‘‘(ii) 2 6 ⁄3 among States that qualify for 

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

8 in proportion to— 

9 ‘‘(I) the number of dams in the 

10 State that are listed as State-regu11 lated dams on the inventory of dams 

12 maintained under section 6; as com13 pared to 

14 ‘‘(II) the number of dams in all 

15 States that are listed as State-regu16 lated dams on the inventory of dams 

17 maintained under section 6. 

18 ‘‘(B) MAXIMUM AMOUNT OF ALLOCA19 TION.—The amount of funds allocated to a 

20 State under this paragraph may not exceed 50 

21 percent of the reasonable cost of implementing 

22 the State dam safety program. 

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

24 the Board shall determine the amount allocated 

25 to States. 


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1 ‘‘(b) NATIONAL DAM INVENTORY.—There is author2 ized to be appropriated to carry out section 6 $1,000,000 

3 for each fiscal year. 

4 ‘‘(c) RESEARCH.—There is authorized to be appro5 priated to carry out section 9 $2,000,000 for each of fiscal 

6 years 2007 through 2011, to remain until expended. 

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

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

9 each of fiscal years 2007 through 2011. 

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

11 to FEMA for the employment of such additional staff per12 sonnel as are necessary to carry out sections 8 through 

13 10 $1,000,000 for each of fiscal years 2007 through 2011. 

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

15 made available under this Act may not be used to con16 struct or repair any Federal or non-Federal dam.’’. 

17 SECTION 1. SHORT TITLE. 

18 This Act may be cited as the ‘‘Dam Safety Act of 

19 2006’’. 

20 SEC. 2. NATIONAL DAM INVENTORY. 

21 Section 6 of the National Dam Safety Program Act 

22 (33 U.S.C. 467d) is amended to read as follows: 


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1 ‘‘SEC. 6. NATIONAL DAM INVENTORY. 

2 ‘‘(a) IN GENERAL.—The Secretary of the Army, acting 

3 through the Chief of Engineers, shall maintain and update 

4 information on the inventory of dams in the United States. 

5 ‘‘(b) REQUIREMENT.—The inventory of dams described 

6 in subsection (a) shall include a summary of the results 

7 of any inspection completed by either a Federal agency or 

8 a State dam safety agency.’’. 

9 SEC. 3. NATIONAL DAM SAFETY PROGRAM. 

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

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

12 striking ‘‘and target dates to’’ and inserting ‘‘performance 

13 measures, and target dates toward effectively administering 

14 this Act in order to’’. 

15 (b) ASSISTANCE FOR STATE DAM SAFETY PRO16 GRAMS.—Section 8(e)(2)(A) of the National Dam Safety 

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

18 (1) in the matter preceding clause (i), by strik19 ing ‘‘substantially’’; 

20 (2) by redesignating clauses (iv) through (x) as 

21 clauses (v) through (xi), respectively; 

22 (3) by inserting after clause (iii) the following: 

23 ‘‘(iv) the authority to require or per24 form periodic evaluations of all dams and 

25 reservoirs to determine the extent of the 


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1 threat to human life and property in case 

2 of failure;’’; and 

3 (4) in clause (vii) (as redesignated by paragraph 

4 (2)), by inserting ‘‘install and monitor instrumenta5 tion,’’ after ‘‘remedial work,’’. 

6 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

7 Section 13 of the National Dam Safety Program Act 

8 (33 U.S.C. 467j) is amended— 

9 (1) in subsection (a)(1), by striking ‘‘$6,000,000 

10 for each of fiscal years 2003 through 2006’’ and in11 serting ‘‘$8,000,000 for each of fiscal years 2007 

12 through 2011’’; 

13 (2) in subsection (b), by striking ‘‘$500,000 for 

14 each fiscal year’’ and inserting ‘‘$1,000,000 for each 

15 of fiscal years 2007 through 2011’’; 

16 (3) in subsection (c), by striking ‘‘$1,500,000 for 

17 each of fiscal years 2003 through 2006’’ and inserting 

18 ‘‘$2,000,000 for each of fiscal years 2007 through 

19 2011’’; 

20 (4) in subsection (d), by striking ‘‘$500,000 for 

21 each of fiscal years 2003 through 2006’’ and inserting 

22 ‘‘$700,000 for each of fiscal years 2007 through 

23 2011’’; and 

24 (5) in subsection (e), by striking ‘‘$600,000 for 

25 each of fiscal years 2003 through 2006’’ and inserting 


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1 ‘‘$1,000,000 for each of fiscal years 2007 through 

2 2011’’. 


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Calendar No. 511 

109TH CONGRESS 

2D SESSION S. 2735 

[Report No. 109

–276] 

A BILL 

To amend the National Dam Safety Program Act 

and for other purposes. to reauthorize the national dam safety program, 

JULY 10, 2006 

Reported with an amendment 


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