I 

109TH CONGRESS 

2D SESSION H. R. 4981 

To amend the National Dam Safety Program Act. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2006 

Mr. KUHL of New York (for himself, Mr. MATHESON, and Mr. ABERCROMBIE) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To amend the National Dam Safety Program Act. 

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; AMENDMENT OF NATIONAL DAM 

4 SAFETY PROGRAM ACT. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Dam Safety Act of 2006’’. 

7 (b) AMENDMENT OF NATIONAL DAM SAFETY PRO8 GRAM ACT.—Except as otherwise expressly provided, 

9 whenever in this Act an amendment or repeal is expressed 

10 in terms of an amendment to, or a repeal of, a section 

11 or other provision, the reference shall be considered to be 


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1 made to a section or other provision of the National Dam 

2 Safety Program Act (33 U.S.C. 467 et seq.). 

3 SEC. 2. DEFINITIONS. 

4 Section 2 is amended by— 

5 (1) redesignating paragraph (13) as paragraph 

6 (14); and 

7 (2) inserting after paragraph (12) the following: 

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

9 State Regulated Dam means a State dam subject to 

10 the criteria described in section 8(e)(2)(A)(i), (iv) 

11 and (vi).’’. 

12 SEC. 3. INSPECTION OF DAMS. 

13 Section 3(a)(2) is amended by striking ‘‘Power’’ and 

14 inserting Energy Regulatory. 

15 SEC. 4. NATIONAL DAM INVENTORY. 

16 Section 6 is amended to read as follows: 

17 ‘‘SEC. 6. NATIONAL DAM INVENTORY. 

18 ‘‘The Secretary of the Army, acting through the Chief 

19 of Engineers, shall maintain and update information on 

20 the inventory of dams in the United States. Such inven21 tory of dams shall include an assessment of each dam 

22 based on inspections completed by either a Federal agency 

23 or a State dam safety agency.’’. 


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1 SEC. 5. NATIONAL DAM SAFETY PROGRAM. 

2 (a) DUTIES.—Section 8(b)(1) is amended by striking 

3 ‘‘and target dates to’’ and inserting ‘‘performance meas4 ures and target dates toward effectively administering the 

5 Act in order to’’. 

6 (b) ASSISTANCE FOR STATE DAM SAFETY PRO7 GRAMS.—Section 8(e)(2)(A) is amended by— 

8 (1) striking ‘‘substantially’’; 

9 (2) striking clause (iv) and inserting the fol10 lowing: 

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

12 perform the inspection at least once every 

13 5 years, of all dams and reservoirs that 

14 would pose a significant threat to human 

15 life and property in case of failure to de16 termine the continued safety of the dams 

17 and reservoirs; 

18 ‘‘(II) authority to require or perform 

19 inspection at least every 5 years of those 

20 dams and reservoirs that pose a significant 

21 threat to human life and property; and 

22 ‘‘(III) a procedure for more detailed 

23 and frequent safety inspections;’’; and 

24 (3) in clause (vi) by inserting ‘‘install and mon25 itor instrumentation,’’ after ‘‘remedial work,’’. 


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1 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 13 is amended to read as follows: 

3 ‘‘SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

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

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

6 to be appropriated to FEMA to carry out sections 

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

8 available for similar purposes included in any other 

9 Act and amounts made available under subsections 

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

11 2007 through 2011, to remain available until ex12 pended. 

13 ‘‘(2) ALLOCATION.— 

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graphs (B) and (C), for each fiscal year, 

16 amounts made available under this subsection 

17 to carry out section 8 shall be allocated among 

18 the states as follows: 

19 ‘‘(i) One-third among States that 

20 qualify for assistance under section 8(e). 

21 ‘‘(ii) Two-thirds among States that 

22 qualify for assistance under section 8(e), to 

23 each State in proportion to— 

24 ‘‘(I) the number of dams in the 

25 State that are listed as State-regu26 lated dams on the inventory of dams 


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1 maintained under section 6; as com2 pared to 

3 ‘‘(II) the number of dams in all 

4 States that are listed as State-regu5 lated dams on the inventory of dams 

6 maintained under section 6. 

7 ‘‘(B) MAXIMUM AMOUNT OF ALLOCA8 TION.—The amount of funds allocated to a 

9 State under this paragraph may not exceed 50 

10 percent of the reasonable cost of implementing 

11 the State dam safety program. 

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

13 the Board shall determine the amount allocated 

14 to States. 

15 ‘‘(b) NATIONAL DAM INVENTORY.—There is author16 ized to be appropriated to carry out section 6 $1,000,000 

17 for each fiscal year. 

18 ‘‘(c) RESEARCH.—There is authorized to be appro19 priated to carry out Section 9 $2,000,000 for each of fiscal 

20 years 2007 through 2011, to remain until expended. 

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

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

23 each of fiscal years 2007 through 2011. 

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

25 to FEMA for the employment of such additional staff perVerDate Aug 31 2005 21:56 Mar 20, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4981.IH H4981

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1 sonnel as are necessary to carry out sections 8 through 

2 10 $1,000,000 for each of fiscal years 2007 through 2011. 

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

4 made available under this Act may not be used to con5 struct or repair any Federal or non-Federal dam.’’. 

Æ 


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