49–010

Calendar No. 511

109TH CONGRESS REPORT

2nd Session " ! SENATE 109–276

DAM SAFETY ACT OF 2006

JULY 10, 2006.—Ordered to be printed

Mr. INHOFE, from the Committee on Environment and Public

Works, submitted the following

REPORT

[to accompany S. 2735]

[Including cost estimate of the Congressional Budget Office]

The Committee on Environment and Public Works, to which was

referred a bill (S. 2735) to amend the National Dam Safety Program Act to reauthorize the national dam safety program, and for

other purposes, having considered the same, reports favorably

thereon and recommends that the bill, as amended, do pass.

GENERAL STATEMENT AND BACKGROUND

In 1972, Congress directed the Secretary of the Army to undertake a national program on the inspection of dams (Public Law 92–

367). The Water Resources Development Act of 1996 (Public Law

104–303) amended that Act to establish the National Dam Safety

Program as a partnership of the States, Federal agencies and other

stakeholders to encourage individual and community responsibility

for dam safety. The amended Act is cited as the National Dam

Safety Program Act.

The Act includes: 1) a National Dam Inventory to provide to the

public periodically updated information on the inventory of dams in

the United States; 2) 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; 3) a National Dam Safety Program, including a strategic plan, a National Dam Safety Review Board and grant assistance to the States to provide vital support for the improvement of
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the State dam safety programs that regulate most of the 79,500

dams in the United States; 4) a dam safety research effort for technical and archival research; and 5) dam safety training for State

dam safety staff and inspectors.

The Dam Safety and Security Act of 2002 (Public Law 107–310),

signed into law on December 2, 2002, reauthorized the Act for 4

years and added enhancements designed to safeguard dams against

terrorist attacks.

OBJECTIVES OF THE LEGISLATION

S. 2735 provides for the reauthorization and improvement of the

National Dam Safety Program Act. The bill strengthens the Act by

improving the National Dam Inventory, encouraging States to improve State dam safety programs and increasing the authorization

levels of the various components of the Act.

SECTION-BY-SECTION ANALYSIS

Section 1. Short title.

This section provides that this Act may be cited as the ‘‘Dam

Safety Act of 2006’’.

Sec. 2. National Dam Inventory.

SUMMARY

This section amends section 6 of the National Dam Safety Program Act to clarify that the National Dam Inventory should include a summary of the results of any inspection completed by either a Federal agency or a State dam safety agency.

DESCRIPTION

Currently, the only information relating to inspections included

in the National Dam Inventory is the date of the most recent inspection. This section ensures that a summary of the results of inspections also will be collected and made publicly available by requiring inclusion in the inventory. This section does not require

any new or additional inspections, nor does it require any greater

level of detail for inspections than is already required for Federal

agencies and State dam safety agencies.

Sec. 3. National Dam Safety Program.

SUMMARY

This section amends section 8 of the National Dam Safety Program Act to include performance measures as part of the strategic

plan and to add criteria for State dam safety programs to be eligible for assistance under the Act.

DESCRIPTION

To be eligible to receive assistance under the Act, a State must

be working toward meeting the criteria for State dam safety programs listed in the Act. One of the criteria is the authority to require or perform inspections, at least once every 5 years, of all

high-hazard dams. High-hazard dams are those dams the failure of

which would pose a significant threat to human life and property.
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Since the hazard level of a dam may change over time—due to

changes to the structure or operation of the dam or development

of downstream areas—this section adds to the criteria the authority to require or perform periodic evaluations of all dams to determine the hazard level of each dam. The section also adds to the criteria the authority to require owners of dams, when appropriate,

to install and monitor instrumentation.

Sec. 4. Authorization of appropriations.

SUMMARY

This section amends section 13 of the National Dam Safety Program Act to authorize appropriations for fiscal years 2007–2011.

DESCRIPTION

This section makes the following increases in authorization levels

for the next five fiscal years:

• $8,000,000 (from $6,000,000) for the Interagency Committee

on Dam Safety and the National Dam Safety Program;

• $1,000,000 (from $500,000) for the National Dam Inventory;

• $2,000,000 (from $1,500,000) for research;

• $700,000 (from $500,000) for dam safety training; and

• $1,000,000 (from $600,000) for staff personnel to carry out

the National Dam Safety Program and dam safety training.

LEGISLATIVE HISTORY

On May 4, 2006, Senator Bond introduced S. 2735, which was cosponsored by Senator Akaka. The bill was read twice and referred

to the Senate Committee on Environment and Public Works. The

committee met on May 23, 2006, to consider the bill. During consideration of the bill, an amendment in the nature of a substitute

offered by Senators Inhofe and Jeffords was agreed to by voice vote.

S. 2735, as amended, was ordered favorably reported by voice vote.

HEARINGS

No committee hearings were held on S. 2735.

ROLLCALL VOTES

The Committee on Environment and Public Works met to consider S. 2735 on May 23, 2006. During consideration of the bill, an

amendment in the nature of a substitute offered by Senators Inhofe

and Jeffords was agreed to by voice vote. The bill, as amended, was

ordered favorably reported by voice vote. No roll call votes were

taken.

REGULATORY IMPACT STATEMENT

In compliance with Section 11(b) of rule XXVI of the Standing

Rules of the Senate, the committee finds that S. 2735 does not create any additional regulatory burdens, nor will it cause any adverse impact on the personal privacy of individuals.
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MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995

(Public Law 104–4), the committee finds that S. 2735 would not impose Federal intergovernmental unfunded mandates on State, local

or tribal governments. Enacting this bill would benefit States by increasing the amount authorized for State grants. The bill does not

impose any private-sector mandates.

COST OF LEGISLATION

Section 403 of the Congressional Budget and Impoundment Control Act requires that a statement of the cost of the reported bill,

prepared by the Congressional Budget Office, be included in the report. That statement follows:

S. 2735, Dam Safety Act of 2006, As ordered reported by the Senate

Committee on Environment and Public Works on May 23, 2006

Summary

S. 2735 would reauthorize the national dam safety program

through fiscal year 2011. The safety program, administered by the

Federal Emergency Management Agency (FEMA), provides grants

to State regulatory agencies, funds research projects aimed at improving dam safety, and trains safety officials and dam operators.

The bill would authorize the appropriation of $12.7 million for each

year over the 2007–2011 period for the national dam safety program.

Assuming appropriation of the amounts specified in S. 2735,

CBO estimates that implementing the bill would cost about $60

million over the 2007–2011 period. Enacting S. 2735 would not affect direct spending or receipts.

S. 2735 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.

Enacting this bill would benefit States by increasing the amount

authorized for State grants.

Estimated Cost to the Federal Government

The estimated budgetary impact of S. 2735 is shown in the following table. The costs of this legislation fall within budget function 450 (community and regional development). For this estimate,

CBO assumes that S. 2735 will be enacted near the beginning of

fiscal year 2007 and that the amounts specified in the bill will be

appropriated for each fiscal year. Estimates of outlays are based on

historical spending patterns for the national dam safety program.

By Fiscal Year, in Millions of Dollars

2007 2008 2009 2010 2011

CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level .................................................................................................. 13 13 13 13 13

Estimated Outlays ................................................................................................... 10 13 13 13 13
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Intergovernmental and Private-Sector Impact

S. 2735 contains no intergovernmental or private-sector mandates as defined in UMRA and would impose no costs on State,

local, or tribal governments. Enacting this bill would benefit States

by increasing the amount authorized for State grants.

Under current law, State dam safety programs are required to

work toward meeting certain criteria to receive Federal assistance

through the national dam safety program. S. 2735 would modify

those criteria to require States’ dam safety programs to include the

authority to require owners of dams, including dams in the private

sector, to install and monitor certain instruments.

Estimate Prepared By: Federal Costs: Gregory Waring; Impact on

State, Local, and Tribal Governments: Emily Holt and Marjorie

Miller; Impact on the Private Sector: Amy Petz.

Estimate Approved By: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis

CHANGES IN EXISTING LAW

In compliance with section 12 of rule XXVI of the Standing Rules

of the Senate, 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

AN ACT To authorize the Secretary of the Army to undertake a national program

of inspection of dams.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘National Dam Safety Program

Act’’.

* * * * * * *

øSEC. 6. NATIONAL DAM INVENTORY.

øThe Secretary of the Army, acting through the Chief of Engineers, may maintain and periodically publish updated information

on the inventory of dams in the United States.¿

SEC. 6. NATIONAL DAM INVENTORY.

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

the Chief of Engineers, shall maintain and update information on

the inventory of dams in the United States.

(b) REQUIREMENT.—The inventory of dams described in subsection (a) shall include a summary of the results of any inspection

completed by either a Federal agency or a State dam safety agency.

* * * * * * *
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SEC. 8. NATIONAL DAM SAFETY PROGRAM.

(a) * * *

* * * * * * *

(b) DUTIES.—The Director shall prepare a strategic plan—

(1) to establish goals, priorities, øand target dates to¿ performance measures, and target dates toward effectively administering this Act in order to improve the safety of dams in the

United States; and

(2) to the extent feasible, to establish cooperation and coordination with, and assistance to, interested governmental entities in all States.

* * * * * * *

(e) ASSISTANCE FOR STATE DAM SAFETY PROGRAMS.— (1) IN GENERAL.—To encourage the establishment and

maintenance of effective State programs intended to ensure

dam safety, to protect human life and property, and to improve

State dam safety programs, the Director shall provide assistance with amounts made available under section 13 to assist

States in establishing, maintaining, and improving dam safety

programs in accordance with the criteria specified in paragraph (2).

(2) CRITERIA AND BUDGETING REQUIREMENT.—For a State

to be eligible for assistance under this subsection, a State dam

safety program must be working toward meeting the following

criteria and budgeting requirement:

(A) CRITERIA.—A State dam safety program must be

authorized by State legislation to include øsubstantially¿, at a minimum—

(i) the authority to review and approve plans and

specifications to construct, enlarge, modify, remove,

and abandon dams;

(ii) the authority to perform periodic inspections

during dam construction to ensure compliance with

approved plans and specifications;

(iii) a requirement that, on completion of dam construction, State approval must be given before operation of the dam;

(iv) the authority to require or perform periodic

evaluations of all dams and reservoirs to determine the

extent of the threat to human life and property in case

of failure;

ø(iv)¿ (v)(I) the authority to require or perform the

inspection, at least once every 5 years, of all dams and

reservoirs that would pose a significant threat to

human life and property in case of failure to determine the continued safety of the dams and reservoirs;

and

(II) a procedure for more detailed and frequent

safety inspections;

ø(v)¿ (vi) a requirement that all inspections be

performed under the supervision of a State-registered

professional engineer with related experience in dam

design and construction;
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ø(vi)¿ (vii) the authority to issue notices, when appropriate, to require owners of dams to perform necessary maintenance or remedial work, install and

monitor instrumentation, improve security, revise operating procedures, or take other actions, including

breaching dams when necessary;

ø(vii)¿ (viii) regulations for carrying out the legislation of the State described in this subparagraph;

ø(viii)¿ (ix) provision for necessary funds—

(I) to ensure timely repairs or other changes

to, or removal of, a dam in order to protect human

life and property; and

(II) if the owner of the dam does not take action described in subclause (I), to take appropriate

action as expeditiously as practicable;

ø(ix)¿ (x) a system of emergency procedures to be

used if a dam fails or if the failure of a dam is imminent; and

ø(x)¿ (xi) an identification of—

(I) each dam the failure of which could be reasonably expected to endanger human life;

(II) the maximum area that could be flooded

if the dam failed; and

(III) necessary public facilities that would be

affected by the flooding.

(B) BUDGETING REQUIREMENT.—For a State to be eligible for assistance under this subsection, State appropriations must be budgeted to carry out the legislation of the

State under subparagraph (A).

(3) WORK PLANS.—The Director shall enter into a agreement with each State receiving assistance under paragraph (2)

to develop a work plan necessary for the State dam safety program to reach a level of program performance specified in the

agreement.

(4) MAINTENANCE OF EFFORT.—Assistance may not be provided to a State under this subsection for a fiscal year unless

the State enters into such agreement with the Director as the

Director requires to ensure that the State will maintain the aggregate expenditures of the State from all other sources for

programs to ensure dam safety for the protection of human life

and property at or above a level equal to the average annual

level of such expenditures for the 2 fiscal years preceding the

fiscal year.

(5) APPROVAL OF PROGRAMS.—

(A) SUBMISSION.—For a State to be eligible for assistance under this subsection, a plan for a State dam safety

program shall be submitted to the Director for approval.

(B) APPROVAL.—A State dam safety program shall be

deemed to be approved 120 days after the date of receipt

by the Director unless the Director determines within the

120-day period that the State dam safety program fails to

meet the requirements of paragraphs (1) through (3).

(C) NOTIFICATION OF DISAPPROVAL.—If the Director determines that a State dam safety program does not meet
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the requirements for approval, the Director shall immediately notify the State in writing and provide the reasons

for the determination and the changes that are necessary

for the plan to be approved.

(6) REVIEW OF STATE DAM SAFETY PROGRAMS.—Using the

expertise of the Board, the Director shall periodically review

State dam safety programs. If the Board finds that a State

dam safety program has proven inadequate to reasonably protect human life and property and the Director concurs, the Director shall revoke approval of the State dam safety program,

and withhold assistance under this subsection, until the State

dam safety program again meets the requirements for approval.

* * * * * * *

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

(a) NATIONAL DAM SAFETY PROGRAM.—

(1) ANNUAL AMOUNTS.—There are authorized to be appropriated to FEMA to carry out sections 7, 8, and 11 (in addition

to any amounts made available for similar purposes included

in any other Act and amounts made available under subsections (b) through (e)), ø$6,000,000 for each of fiscal years

2003 through 2006¿ $8,000,000 for each of fiscal years 2007

through 2011, to remain available until expended.

(2) ALLOCATION.—

(A) IN GENERAL.—Subject to subparagraphs (B) and

(C), for each fiscal year, amounts made available under

this subsection to carry out section 8 shall be allocated

among the States as follows:

(i) One-third among States that qualify for assistance under section 8(e).

(ii) Two-thirds among States that qualify for assistance under section 8(e), to each such State in proportion to—

(I) the number of dams in the State that are

listed as State-regulated dams on the inventory of

dams maintained under section 6; as compared to

(II) the number of dams in all States that are

listed as State-regulated dams on the inventory of

dams maintained under section 6.

(B) MAXIMUM AMOUNT OF ALLOCATION.—The amount

of funds allocated to a State under this paragraph may not

exceed 50 percent of the reasonable cost of implementing

the State dam safety program.

(C) DETERMINATION.—The Director and the Board

shall determine the amount allocated to States.

(b) NATIONAL DAM INVENTORY.—There is authorized to be appropriated to carry out section 6 ø$500,000 for each fiscal year¿

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

(c) RESEARCH.—There is authorized to be appropriated to carry

out section 9 ø$1,500,000 for each of fiscal years 2003 through

2006¿ $2,000,000 for each of fiscal years 2007 through 2011, to remain until expended.
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(d) DAM SAFETY TRAINING.—There is authorized to be appropriated to carry out section 10 ø$500,000 for each of fiscal years

2003 through 2006¿ $700,000 for each of fiscal years 2007 through

2011.

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

for the employment of such additional staff personnel as are necessary to carry out sections 8 through 10 ø$600,000 for each of fiscal years 2003 through 2006¿ $1,000,000 for each of fiscal years

2007 through 2011.

* * * * * * *

Æ