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. 
‘‘(3) APPLICABILITY OF REQUIREMENTS.—The 
Administrator shall require a State receiving a grant 
under this section to comply with requirements ap-
plicable to contributions of Federal funds under sec-
tion 611(j)(9) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 
5196(j)(9)), as in effect on the date of enactment of 
this section, in carrying out a project funded using 
amounts from the grant. 
‘‘(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: 
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‘‘(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. 
‘‘(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. 
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‘‘(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 
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.— 
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‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to carry out this section— 
‘‘(A) $10,000,000 for fiscal year 2010; 
‘‘(B) $15,000,000 for fiscal year 2011; 
‘‘(C) $25,000,000 for fiscal year 2012; 
‘‘(D) $50,000,000 for fiscal year 2013; 
and 
‘‘(E) $100,000,000 for fiscal year 2014. 
‘‘(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 2010 
through 2014. 
‘‘(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 
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Federal Emergency Management Agency shall promulgate 
a final rule regarding the amendments described in sub-
section (a). 
Æ 
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