I 

108TH CONGRESS 

2D SESSION H. R. 5190 

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 HOUSE OF REPRESENTATIVES 

SEPTEMBER 30, 2004 

Mr. KELLY introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

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 2004’’. 

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), (19), (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 the State within the bound9 aries of which the dam is located determines— 

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 that is carried out to meet ap19 plicable State dam 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 grant 

5 assistance to States for use in rehabilitation of publicly6 owned deficient dams. 

7 ‘‘(b) AWARD OF GRANTS.— 

8 ‘‘(1) APPLICATION.—A State interested in re9 ceiving a grant under this section may submit to the 

10 Director an application for such grant. Applications 

11 submitted to the Director under this section shall be 

12 submitted at such times, be in such form, and con13 tain such information, as the Director may prescribe 

14 by regulation. 

15 ‘‘(2) IN GENERAL.—Subject to the provisions of 

16 this section, the Director may make a grant for re17 habilitation of a deficient dam to a State that sub18 mits an application for the grant in accordance with 

19 the regulations prescribed by the Director. The Di20 rector shall enter into a project grant agreement 

21 with the State to establish the terms of the grant 

22 and the project, including the amount of the grant. 

23 ‘‘(c) PRIORITY SYSTEM.—The Director, in consulta24 tion with the Board, shall develop a risk-based priority 

25 system for use in identifying deficient dams for which 

26 grants may be made under this section. 
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1 ‘‘(d) ALLOCATION OF FUNDS.—The total amount of 

2 funds appropriated pursuant to subsection (f)(1) for a fis3 cal year shall be allocated for making grants under this 

4 section to States applying for such grants for that fiscal 

5 year as follows: 

6 ‘‘(1) One-third divided equally among applying 

7 States. 

8 ‘‘(2) Two-thirds among applying States based 

9 on the ratio that— 

10 ‘‘(A) the number of non-Federal publicly11 owned dams that the Secretary of the Army 

12 identifies in the national inventory of dams 

13 maintained under section 6 as constituting a 

14 danger to human health and that are located 

15 within the boundaries of the State; bears to 

16 ‘‘(B) the number of non-Federal publicly17 owned dams that are so identified and that are 

18 located within the boundaries of all applying 

19 States. 

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

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

22 made under this section may not exceed 65 percent of the 

23 cost of such rehabilitation. 

24 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 
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1 ‘‘(1) IN GENERAL.—There is authorized to be 

2 appropriated to carry out this section— 

3 ‘‘(A) $50,000,000 for fiscal year 2006; and 

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

5 2007 through 2009. 

6 ‘‘(2) STAFF.—There are authorized to be ap7 propriated to provide for the employment of such ad8 ditional staff of FEMA as are necessary to carry out 

9 this section $400,000 for each of fiscal years 2006 

10 through 2009. 

11 ‘‘(3) PERIOD OF AVAILABILITY.—Sums appro12 priated pursuant to this section shall remain avail13 able until expended.’’. 

14 SEC. 3. RULEMAKING. 

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

16 days after the date of enactment of this Act, the Director 

17 of the Federal Emergency Management Agency shall issue 

18 a notice of proposed rulemaking regarding the amend19 ments made by section 2 to the National Dam Safety Pro20 gram Act (33 U.S.C. 467 et seq.). 

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

22 date of enactment of this Act, the Director of the Federal 

23 Emergency Management Agency shall issue a final rule 

24 regarding such amendments. 

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