I
104TH CONGRESS
2D SESSION
H. R. 3602
To reduce the hazards of dam failures, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 6, 1996
Mr. ZELIFF (for himself, Mr. PETE GEREN of Texas, Mr. CLINGER, Mr.
EHLERS, Mr. EMERSON, and Mr. COBLE) introduced the following bill;
which was referred to the Committee on Transportation and Infrastruc-
ture
A BILL
To reduce the hazards of dam failures, and for other
purposes.
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 ‘‘National Dam Safety
Program Act of 1996’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Dams are an essential part of the national
infrastructure. Dams fail from time to time with cat-
astrophic results; thus, dam safety is a vital public
concern.
(2) Dam failures have caused, and can cause in
the future, enormous loss of life, injury, destruction
of property, and economic and social disruption.
(3) Some dams are at or near the end of their
structural, useful, or operational life. With respect to
future dam failures, the loss, destruction, and dis-
ruption can be substantially reduced through the de-
velopment and implementation of dam safety hazard
reduction measures, including—
(A) improved design and construction
standards and practices supported by a national
dam performance resource bank;
(B) safe operations and maintenance pro-
cedures;
(C) early warning systems;
(D) coordinated emergency preparedness
plans; and
(E) public awareness and involvement pro-
grams.
(4) Dam safety problems persist nationwide.
The diversity in Federal and State dam safety pro-
grams calls for national leadership in a cooperative
effort involving Federal and State governments and
the private sector. An expertly staffed and ade-
quately financed dam safety hazard reduction pro-
gram, based on Federal, State, local, and private re-
search, planning, decisionmaking, and contributions,
would reduce the risk of such loss, destruction, and
disruption from dam failure by an amount far great-
er than the cost of such program.
(5) There is a fundamental need for a national
dam safety program and the need will continue. An
effective national program in dam safety hazards re-
duction will require input from and review by Fed-
eral and non-Federal experts in dams design, con-
struction, operation, and maintenance and in the
practical application of dam failure hazards reduc-
tion measures. At the present time, there is no na-
tional dam safety program.
(6) The coordinating authority for national
leadership is provided through the Federal Emer-
gency Management Agency’s (hereinafter in this Act
referred to as ‘‘FEMA’’) dam safety program
through Executive Order 12148 in coordination with
appropriate Federal agencies and the States.
(7) While FEMA’s dam safety program shall
continue as a proper Federal undertaking and shall
provide the foundation for a National Dam Safety
Program, statutory authority to meet increasing
needs and to discharge Federal responsibilities in
national dam safety is needed.
(8) Statutory authority will strengthen FEMA’s
leadership role, will codify the national dam safety
program, and will authorize the Director of FEMA
(hereinafter in this Act referred to as the ‘‘Direc-
tor’’) to communicate directly with Congress on au-
thorizations and appropriations and to build upon
the hazard reduction aspects of national dam safety.
SEC. 3. PURPOSE.
It is the purpose of this Act to reduce the risks to
life and property from dam failure in the United States
through the establishment and maintenance of an effective
national dam safety program which will bring together the
Federal and non-Federal communities’ expertise and re-
sources to achieve national dam safety hazard reduction.
It is not the intent of this Act to preempt any other Fed-
eral or State authorities nor is the intent of this Act to
mandate State participation in the grant assistance pro-
gram to be established under this Act. This Act does not
apply to levees.
SEC. 4. DEFINITIONS.
In this Act, the following definitions apply:
(1) FEDERAL
AGENCY.—The term ‘‘Federal
agency’’ means any Federal agency that designs, fi-
nances, constructs, owns, operates, maintains, or
regulates the construction, operation, or mainte-
nance of any dam.
(2) NON-FEDERAL AGENCY.—The term ‘‘non-
Federal agency’’ means any State agency that has
regulatory authority over the safety of non-Federal
dams.
(3) FEDERAL GUIDELINES FOR DAM SAFETY.—
The term ‘‘Federal Guidelines for Dam Safety’’ re-
fers to a FEMA publication number 93, dated June
1979, which defines management practices for dam
safety at all Federal agencies.
(4) PROGRAM.—The term ‘‘program’’ means
the national dam safety program established under
section 6.
(5) DAM.—The term ‘‘dam’’ means any artifi-
cial barrier with the ability to impound water,
wastewater, or liquid-borne materials for the purpose
of storage or control of water which is—
(A) 25 feet or more in height from (i) the
natural bed of the stream or watercourse meas-
ured at the downstream toe of the barrier, or
(ii) from the lowest elevation of the outside
limit of the barrier if the barrier is not across
a stream channel or watercourse, to the maxi-
mum water storage elevation; or
(B) has an impounding capacity for maxi-
mum storage elevation of 50 acre-feet or more.
Such term does not include any such barrier which
is not greater than 6 feet in height regardless of
storage capacity or which has a storage capacity at
maximum water storage elevation not greater than
15 acre-feet regardless of height, unless such bar-
rier, due to its location or other physical characteris-
tics, is likely to pose a significant threat to human
life or property in the event of its failure.
(6) HAZARD REDUCTION.—The term ‘‘hazard
reduction’’ means those efforts utilized to reduce the
potential consequences of dam failure to life and
property.
(7) STATE.—The term ‘‘State’’ means each of
the 50 States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Com-
monwealth of the Northern Mariana Islands, and
any other territory or possession of the United
States.
(8) PARTICIPATING STATE.—The term ‘‘partici-
pating State’’ means any State that elects to partici-
pate in the grant assistance program established
under this Act.
(9) 
UNITED
STATES.—The 
term 
‘‘United
States’’ means, when used in a geographical sense,
all of the States.
(10) MODEL STATE DAM SAFETY PROGRAM.—
The term ‘‘Model State Dam Safety Program’’ re-
fers to a document, published by FEMA (No. 123,
dated April 1987) and its amendments, developed by
State dam safety officials, which acts as a guideline
to State dam safety agencies for establishing a dam
safety regulatory program or improving an already-
established program.
SEC. 5. NATIONAL DAM SAFETY PROGRAM.
(a) AUTHORITY.—The Director, in consultation with
appropriate Federal agencies, State dam safety agencies,
and the national review board established by subsection
(e)(3), shall establish and maintain, in accordance with
the provisions and policies of this Act, a coordinated na-
tional dam safety program. This program shall—
(1) be administered by FEMA to achieve the
objectives set forth in subsection (c);
(2) involve, where appropriate, the Departments
of Agriculture, Defense, Energy, Interior, and
Labor, the Federal Energy Regulatory Commission,
the Nuclear Regulatory Commission, the Inter-
national Boundaries Commission (United States sec-
tion), the Tennessee Valley Authority, and FEMA;
and
(3) include each of the components described in
subsection (d), the implementation plan described in
subsection (e), and the assistance for State dam
safety programs to be provided under this Act.
(b) DUTIES.—The Director—
(1) within 270 days after the date of the enact-
ment of this Act, shall develop the implementation
plan described in subsection (e);
(2) within 300 days after such date of enact-
ment, shall submit to the appropriate authorizing
committees of Congress the implementation plan de-
scribed in subsection (e); and
(3) by rule within 360 days after such date of
enactment—
(A) shall develop and implement the na-
tional dam safety program under this section;
(B) shall establish goals, priorities, and
target dates for implementation of the program;
and
(C) shall provide a method for cooperation
and coordination with, and assistance to (as
feasible), interested governmental entities in all
States.
(c) OBJECTIVES.—The objectives of the national dam
safety program are as follows:
(1) To ensure that new and existing dams are
safe through the development of technologically and
economically feasible programs and procedures for
national dam safety hazard reduction.
(2) To encourage acceptable engineering poli-
cies and procedures used for dam site investigation,
design, construction, operation and maintenance,
and emergency preparedness.
(3) To encourage establishment and implemen-
tation of effective dam safety programs in each par-
ticipating State based on State standards.
(4) To develop and encourage public awareness
projects to increase public acceptance and support of
State dam safety programs.
(5) To develop technical assistance materials
for Federal and non-Federal dam safety programs.
(6) To develop mechanisms with which to pro-
vide Federal technical assistance for dam safety to
the non-Federal sector.
(d) COMPONENTS.—
(1) IN
GENERAL.—The national dam safety
program shall consist of a Federal element and a
non-Federal element and 3 functional activities:
leadership, technical assistance, and public aware-
ness.
(2) ELEMENTS.—
(A) FEDERAL
ELEMENT.—The Federal
element of the program incorporates all the ac-
tivities and practices undertaken by Federal
agencies to implement the Federal Guidelines
for Dam Safety.
(B) NON-FEDERAL ELEMENT.—The non-
Federal element of the program involves the ac-
tivities and practices undertaken by participat-
ing States, local governments, and the private
sector to safely build, regulate, operate, and
maintain dams and Federal activities which fos-
ter State efforts to develop and implement ef-
fective programs for the safety of dams.
(3) ACTIVITIES.—
(A) LEADERSHIP
ACTIVITY.—The leader-
ship activity of the program shall be the respon-
sibility of FEMA. FEMA shall coordinate Fed-
eral efforts in cooperation with appropriate
Federal agencies and State dam safety agen-
cies.
(B) TECHNICAL ASSISTANCE ACTIVITY.—
The technical assistance activity of the program
involves the transfer of knowledge and technical
information among the Federal and non-Fed-
eral elements.
(C) PUBLIC
AWARENESS
ACTIVITY.—The
public awareness activity provides for the edu-
cation of the public, including State and local
officials, to the hazards of dam failure and
ways to reduce the adverse consequences of
dam failure and related matters.
(e) GRANT ASSISTANCE PROGRAM.—The Director
shall develop an implementation plan which shall dem-
onstrate dam safety improvements through fiscal year
2001 and shall recommend appropriate roles for Federal
agencies and for State and local units of government, indi-
viduals, and private organizations. The implementation
plan shall provide, at a minimum, for the following:
(1) In order to encourage the establishment and
maintenance of effective programs intended to en-
sure dam safety to protect human life and property
and to improve such existing programs, the Director
shall provide, from amounts made available under
section 8 of this Act, assistance to participating
States to establish and maintain dam safety pro-
grams, first, according to the basic provisions for a
dam safety program listed below and, second, ac-
cording to more advanced requirements and stand-
ards authorized by the review board under para-
graph (3) and the Director with the assistance of es-
tablished criteria such as the Model State Dam
Safety Program. Participating State dam safety pro-
grams must be working toward meeting the follow-
ing primary criteria to be eligible for primary assist-
ance or must meet the following primary criteria
prior to working toward advanced assistance:
(A) A dam safety program must be author-
ized by State legislation to include, at a mini-
mum, the following:
(i) Authority to review and approve
plans and specifications to construct, en-
large, modify, remove, or abandon dams.
(ii) Authority to perform periodic in-
spections during construction for the pur-
pose of ensuring compliance with approved
plans and specifications.
(iii) Upon completion of construction,
a requirement that, before operation of the
structure, State approval is received.
(iv) Authority to require or perform
the inspection of all dams and reservoirs
that pose a significant threat to human life
and property in the event of failure at least
every 5 years to determine their continued
safety and a procedure for more detailed
and frequent safety inspections.
(v) A requirement that all inspections
be performed under the supervision of a
registered professional engineer with relat-
ed experience in dam design and construc-
tion.
(vi) Authority to issue notices, when
appropriate, to require owners of dams to
perform necessary maintenance or remedial
work, revise operating procedures, or take
other actions, including breaching dams
when deemed necessary.
(vii) Rules and regulations for carry-
ing out the provisions of the State’s legis-
lative authority and necessary emergency
funds to assure timely repairs or other
changes to, or removal of, a dam in order
to protect human life and property and, if
the owner does not take action, to take ap-
propriate action as expeditiously as pos-
sible.
(viii) A system of emergency proce-
dures that would be utilized in the event a
dam fails or in the event a dam’s failure
is imminent, together with an identification
of those dams where failure could be rea-
sonably expected to endanger human life
and of the maximum area that could be in-
undated in the event of a failure of the
dam, as well as identification of those nec-
essary public facilities that would be af-
fected by such inundation.
(B) State appropriations must be budgeted
to carry out the provisions of the State legisla-
tion.
(2) The Director shall enter into contracts with
each participating State to determine a work plan
necessary for a particular State dam safety program
to reach a level of program performance previously
agreed upon in the contract. Federal assistance
under this Act shall be provided to aid the State
dam safety program in achieving its goal.
(3)(A) There is authorized to be established a
National Dam Safety Review Board (hereinafter in
this Act referred to as the ‘‘Board’’), which shall be
responsible for monitoring participating State imple-
mentation of the requirements of the assistance pro-
gram. The Board is authorized to utilize the exper-
tise of other agencies of the United States and to
enter into contracts for necessary studies to carry
out the requirements of this section. The Board
shall consist of 11 members selected for their exper-
tise in dam safety as follows:
(i) 5 to represent FEMA, the Federal En-
ergy Regulatory Commission, and the Depart-
ments of Agriculture, Defense, and Interior.
(ii) 5 members selected by the Director
who are dam safety officials of States.
(iii) 1 member selected by the Director to
represent the United States Committee on
Large Dams.
(B) Each member of the Board who is an offi-
cer or employee of the United States shall serve
without compensation in addition to compensation
received for the services of the member as an officer
or employee of the United States. Each member of
the Board who is not an officer or employee of the
United States shall serve without compensation.
(C) Each member of the Board shall be allowed
travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for an employee of an
agency under subchapter I of chapter 57 of title 5,
United States Code, while away from home or regu-
lar place of business of the member in the perform-
ance of services for the Board.
(D) The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Board.
(4) No grant may be made to a participating
State under this section in any fiscal year unless the
State enters into such agreement with the Director
as the Director may require to ensure that the par-
ticipating State will maintain its aggregate expendi-
tures from all other sources for programs to assure
dam safety for the protection of human life and
property at or above the average level of such ex-
penditures in its 2 fiscal years preceding the date of
the enactment of this Act.
(5) Any program which is submitted to the Di-
rector for participation in the assistance program
under this section shall be deemed approved 120
days following its receipt by the Director unless the
Director determines within such 120-day period that
the submitted program fails to reasonably meet the
requirements of paragraphs (1) and (2). If the Di-
rector determines the submitted program cannot be
approved for participation, the Director shall imme-
diately notify the State in writing, together with his
or her reasons and those changes needed to enable
the submitted program to be approved.
(6) Utilizing the expertise of the Board, the Di-
rector shall periodically review the approved State
dam safety programs. In the event the Board finds
that a program of a participating State has proven
inadequate to reasonably protect human life and
property and the Director agrees, the Director shall
revoke approval of the State’s participation in the
assistance program and withhold assistance under
this Act, until the State program has been re-
approved.
(7) The head of any Federal agency, when re-
quested by any State dam safety agency, shall pro-
vide information on the construction, operation, or
maintenance of any dam or allow officials of the
State agency to participate in any Federal inspection
of any dam.
(8) Within 180 days after the date of the enact-
ment of this Act, the Director shall report to the
Congress on the availability of dam insurance and
make recommendations.
SEC. 6. BIENNIAL REPORT.
Within 90 days after the last day of each odd-num-
bered fiscal year, the Director shall submit a biennial re-
port to Congress describing the status of the program
being implemented under this Act and describing the
progress achieved by the Federal agencies during the 2
previous years in implementing the Federal Guidelines for
Dam Safety. Each such report shall include any rec-
ommendations for legislative and other action deemed nec-
essary and appropriate. The report shall also include a
summary of the progress being made in improving dam
safety by participating States.
SEC. 7. AUTHORIZING OF APPROPRIATIONS.
(a) GENERAL PROGRAM.—
(1) FUNDING.—There are authorized to be ap-
propriated to the Director to carry out the provi-
sions of sections 5 and 6 of this Act (in addition to
any authorizations for similar purposes included in
other Acts and the authorizations set forth in sub-
sections (b) through (e) of this section)—
(A) $1,000,000 for fiscal year 1997;
(B) $2,000,000 for fiscal year 1998;
(C) $4,000,000 for fiscal year 1999;
(D) $4,000,000 for fiscal year 2000; and
(E) $4,000,000 for fiscal year 2001.
(2) APPORTIONMENT FORMULA.—Sums appro-
priated under this subsection shall be distributed an-
nually among participating States on the following
basis: One-third among those States determined in
section 5 of this Act as qualifying for funding, and
two-thirds in proportion to the number of dams and
appearing as State-regulated dams on the National
Dam Inventory in each participating State that has
been determined in section 5(e)(1) of this Act as
qualifying for funding, to the number of dams in all
participating States. In no event shall funds distrib-
uted to any State under this subsection exceed 50
percent of the reasonable cost of implementing an
approved dam safety program in such State. The Di-
rector and Review Board shall determine how much
is allotted to participating States needing primary
funding and those needing advanced funding.
(b) TRAINING.—
(1) IN GENERAL.—The Director shall, at the
request of any State that has or intends to develop
a dam safety program under section 5(e)(1) of this
Act, provide training for State dam safety staff and
inspectors.
(2) FUNDING.—There is authorized to be ap-
propriated to carry out this subsection $500,000 for
each of fiscal years 1997 through 2001.
(c) RESEARCH.—
(1) IN GENERAL.—The Director shall under-
take a program of technical and archival research in
order to develop improved techniques, historical ex-
perience, and equipment for rapid and effective dam
construction, rehabilitation, and inspection, together
with devices for the continued monitoring, of dams
for safety purposes.
(2) STATE PARTICIPATION; REPORTS.—The Di-
rector shall provide for State participation in the re-
search under this subsection and periodically advise
all States and Congress of the results of such re-
search.
(3) FUNDING.—There is authorized to be ap-
propriated to carry out this subsection $1,000,000
for each of fiscal years 1997 through 2001.
(d) DAM INVENTORY.—
(1) MAINTENANCE
AND
PUBLICATION.—The
Secretary of the Army, acting through the Chief of
Engineers, is authorized to maintain and periodically
publish updated information on the inventory of
dams.
(2) FUNDING.—There is authorized to be ap-
propriated to carry out this subsection $500,000 for
each of fiscal years 1997 through 2001.
(e) PERSONNEL.—
(1) EMPLOYMENT.—The Director is authorized
to employ additional staff personnel in numbers suf-
ficient to carry out the provisions of this Act.
(2) FUNDING.—There is authorized to be ap-
propriated to carry out this subsection $400,000 for
each of fiscal years 1997 through 2001.
(f) LIMITATION.—No funds authorized by this Act
shall be used to construct or repair any Federal or non-
Federal dams.
SEC. 8. CONFORMING AMENDMENTS.
The Act entitled ‘‘An Act to authorize the Secretary
of the Army to undertake a national program of inspection
dams’’, approved August 8, 1972 (33 U.S.C 467–467m;
Public Law 92–367), is amended—
(1) in the first section by striking ‘‘means any
artificial barrier’’ and all that follows through the
period at the end and inserting ‘‘has the meaning
such term has under section 4 of the National Dam
Safety Program Act of 1996.’’;
(2) by striking the 2d sentence of section 3;
(3) by striking section 5 and sections 7 through
14; and
(4) by redesignating section 6 as section 5.
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