I 
112TH CONGRESS 
2D SESSION 
H. R. 6254 
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 
AUGUST 1, 2012 
Mr. CARNAHAN (for himself and Mr. LATOURETTE) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Dam Rehabilitation 
and Repair Act of 2012’’. 
SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT 
DAMS. 
(a) DEFINITIONS.—Section 2 of the National Dam 
Safety Program Act (33 U.S.C. 467) is amended— 
VerDate Mar 15 2010 
20:43 Aug 09, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6254.IH
H6254
mstockstill on DSK4VPTVN1PROD with BILLS
(1) by striking paragraph (3); 
(2) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (3), respectively; 
(3) by inserting before paragraph (2) (as redes-
ignated by paragraph (2) of this subsection) the fol-
lowing: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Federal 
Emergency Management Agency.’’; 
(4) by redesignating paragraphs (4), (5), (6), 
(7), (8), (9), (10), (11), (12), and (13) as para-
graphs (5), (6), (7), (8), (9), (10), (13), (14), (15), 
and (16), respectively; 
(5) by inserting after paragraph (3) (as redesig-
nated by paragraph (2) of this subsection) the fol-
lowing: 
‘‘(4) DEFICIENT
DAM.—The term ‘deficient 
dam’ means a dam that the State within the bound-
aries of which the dam is located determines— 
‘‘(A) fails to meet minimum dam safety 
standards of the State; and 
‘‘(B) poses an unacceptable risk to the 
public.’’; and 
VerDate Mar 15 2010 
20:43 Aug 09, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6254.IH
H6254
mstockstill on DSK4VPTVN1PROD with BILLS
(6) by inserting after paragraph (10) (as redes-
ignated by paragraph (4) of this subsection) the fol-
lowing: 
‘‘(11) PUBLICLY-OWNED DAM.— 
‘‘(A) IN
GENERAL.—The term ‘publicly- 
owned dam’ means a dam that is owned by 1 
or more State agencies or governments, local 
governments, municipal governments, or tribal 
governments. 
‘‘(B) INCLUSIONS.—The term ‘publicly- 
owned dam’ includes a dam owned by a non-
profit organization that— 
‘‘(i) is established by 1 or more State, 
local, municipal, or tribal governments; 
and 
‘‘(ii) provides public benefits, such 
as— 
‘‘(I) local flood control districts; 
‘‘(II) regional public water utili-
ties; and 
‘‘(III) local irrigation districts. 
‘‘(12) REHABILITATION.—The term ‘rehabilita-
tion’ means the repair, replacement, reconstruction, 
or removal of a dam that is carried out to meet ap-
plicable State dam safety standards.’’. 
VerDate Mar 15 2010 
20:43 Aug 09, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6254.IH
H6254
mstockstill on DSK4VPTVN1PROD with BILLS
(b) PROGRAM FOR REHABILITATION AND REPAIR OF 
DEFICIENT DAMS.—The National Dam Safety Program 
Act is amended by inserting after section 8 (33 U.S.C. 
467f) the following: 
‘‘SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT 
DAMS. 
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Adminis-
trator shall establish, within FEMA, a program to provide 
grant assistance to States for use in rehabilitation of defi-
cient dams that are publicly-owned dams. 
‘‘(b) AWARD OF GRANTS.— 
‘‘(1) APPLICATION.— 
‘‘(A) IN GENERAL.—A State interested in 
receiving a grant under this section may submit 
to the Administrator an application for the 
grant. 
‘‘(B) 
REQUIREMENTS.—An 
application 
submitted to the Administrator under this sec-
tion shall be submitted at such time, be in such 
form, and contain such information as the Ad-
ministrator may prescribe by regulation. 
‘‘(2) GRANT.— 
‘‘(A) IN
GENERAL.—The Administrator 
may make a grant in accordance with this sec-
tion for rehabilitation of a deficient dam to a 
VerDate Mar 15 2010 
20:43 Aug 09, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6254.IH
H6254
mstockstill on DSK4VPTVN1PROD with BILLS
State that submits an application for the grant 
in accordance with the regulations prescribed by 
the Administrator. 
‘‘(B) PROJECT GRANT AGREEMENT.—The 
Administrator shall enter into a project grant 
agreement with the State to establish the terms 
of the grant and the project, including the 
amount of the grant. 
‘‘(C) GRANT
ASSURANCE.—As part of a 
project agreement entered into under subpara-
graph (B), the Administrator shall require a 
State to provide an assurance, with respect to 
the dam to be rehabilitated under the project, 
that the owner of the dam has developed and 
will carry out a plan for maintenance of the 
dam during the expected life of the dam. 
‘‘(3) APPLICABILITY OF REQUIREMENTS.—The 
Administrator shall require recipients of grants 
under this section to assure compliance with the 
standards set forth in section 611(j)(9) of the Rob-
ert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5196(j)(9)), as in effect on 
the date of enactment of this section, in the same 
manner that recipients of financial contributions 
VerDate Mar 15 2010 
20:43 Aug 09, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6254.IH
H6254
mstockstill on DSK4VPTVN1PROD with BILLS
under section 611(j) of such Act are required to as-
sure compliance with such standards. 
‘‘(c) PRIORITY SYSTEM.—The Administrator, in con-
sultation with the Board, shall develop a risk-based pri-
ority system for use in identifying deficient dams for which 
grants may be made under this section. 
‘‘(d) ALLOCATION OF FUNDS.—The total amount of 
funds appropriated pursuant to subsection (h)(1) for a fis-
cal year shall be allocated for making grants under this 
section to States applying for the grants for that fiscal 
year as follows: 
‘‘(1) 1⁄3 divided equally among applying States. 
‘‘(2) 2⁄3 divided among applying States based on 
the proportion that— 
‘‘(A) the number of non-Federal publicly- 
owned dams that the Secretary of the Army 
identifies in the national inventory of dams 
maintained under section 6 as constituting a 
danger to human health and that are located 
within the boundaries of the State; bears to 
‘‘(B) the number of non-Federal publicly- 
owned dams that are so identified and that are 
located within the boundaries of all applying 
States. 
VerDate Mar 15 2010 
20:43 Aug 09, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6254.IH
H6254
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(e) USE OF FUNDS.—None of the funds provided 
in the form of a grant or otherwise made available under 
this section shall be used— 
‘‘(1) to rehabilitate a Federal dam; 
‘‘(2) to perform routine operation or mainte-
nance of a dam; 
‘‘(3) to modify a dam to produce hydroelectric 
power; 
‘‘(4) to increase water supply storage capacity; 
or 
‘‘(5) to make any other modification to a dam 
that does not also improve the safety of the dam. 
‘‘(f) COST SHARING.—The Federal share of the cost 
of rehabilitation of a deficient dam for which a grant is 
made under this section may not exceed 65 percent of the 
cost of the rehabilitation. 
‘‘(g) CONTRACTUAL REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
as a condition on the receipt of a grant under this 
section, a State that receives the grant shall require 
that each contract and subcontract for program 
management, construction management, planning 
studies, feasibility studies, architectural services, 
preliminary engineering, design, engineering, sur-
veying, mapping, and related services entered into 
VerDate Mar 15 2010 
20:43 Aug 09, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6254.IH
H6254
mstockstill on DSK4VPTVN1PROD with BILLS
using funds from the grant be awarded in the same 
manner as a contract for architectural and engineer-
ing services is awarded under— 
‘‘(A) chapter 11 of title 40, United States 
Code; or 
‘‘(B) an equivalent qualifications-based re-
quirement prescribed by the State. 
‘‘(2) NO PROPRIETARY INTEREST.—A contract 
awarded in accordance with paragraph (1) shall not 
be considered to confer a proprietary interest upon 
the United States. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to carry out this section— 
‘‘(A) $10,000,000 for fiscal year 2013; 
‘‘(B) $15,000,000 for fiscal year 2014; 
‘‘(C) $25,000,000 for fiscal year 2015; 
‘‘(D) $50,000,000 for fiscal year 2016; 
and 
‘‘(E) $100,000,000 for fiscal year 2017. 
‘‘(2) STAFF.—There is authorized to be appro-
priated to provide for the employment of such addi-
tional staff of FEMA as are necessary to carry out 
this section $400,000 for each of fiscal years 2013 
through 2017. 
VerDate Mar 15 2010 
20:43 Aug 09, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6254.IH
H6254
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(3) 
PERIOD
OF
AVAILABILITY.—Amounts 
made available under this section shall remain avail-
able until expended.’’. 
SEC. 3. RULEMAKING. 
(a) PROPOSED RULEMAKING.—Not later than 90 
days after the date of enactment of this Act, the Adminis-
trator of the Federal Emergency Management Agency 
shall issue a notice of proposed rulemaking regarding the 
amendments made by section 2 to the National Dam Safe-
ty Program Act (33 U.S.C. 467 et seq.). 
(b) FINAL RULE.—Not later than 120 days after the 
date of enactment of this Act, the Administrator of the 
Federal Emergency Management Agency shall promulgate 
a final rule regarding the amendments described in sub-
section (a). 
Æ 
VerDate Mar 15 2010 
20:43 Aug 09, 2012
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H6254.IH
H6254
mstockstill on DSK4VPTVN1PROD with BILLS