I 
114TH CONGRESS 
1ST SESSION H. R. 2489 
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, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 21, 2015 
Mr. SEAN PATRICK MALONEY of New York (for himself and Mr. GIBSON) in-
troduced 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, 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 ‘‘Dam Rehabilitation 
and Repair Act of 2015’’. 
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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— 
(1) by redesignating paragraphs (4), (5), (6), 
(7), (8), (9), (10), (11), (12), and (13) as para-
graphs (5), (6), (7), (8), (9), (11), (13), (14), (15), 
and (16), respectively; 
(2) by inserting after paragraph (3) 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 or an Indian tribe; and 
‘‘(B) poses an unacceptable risk to the 
public.’’; and 
(3) by inserting after paragraph (9) (as redesig-
nated by paragraph (1) of this subsection) the fol-
lowing: 
‘‘(10) 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. 
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‘‘(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.’’; 
and 
(4) by inserting after paragraph (11) (as redes-
ignated by paragraph (1) of this subsection) the fol-
lowing: 
‘‘(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 or tribal dam safety standards.’’. 
(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: 
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‘‘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 
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 
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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) AGREEMENTS BETWEEN STATES AND IN-
DIAN TRIBES.—A State that receives a grant under 
this section may enter into an agreement with an In-
dian tribe— 
‘‘(A) to transfer grant funds to the tribe 
for rehabilitation of a tribally-owned deficient 
dam consistent with this section; or 
‘‘(B) to authorize the State to use grant 
funds to rehabilitate a tribally-owned deficient 
dam consistent with this section. 
‘‘(4) 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-
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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 
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 
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‘‘(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. 
‘‘(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 75 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 
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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.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to carry out this section— 
‘‘(A) $50,000,000 for fiscal year 2016; 
‘‘(B) $100,000,000 for fiscal year 2017; 
‘‘(C) $150,000,000 for fiscal year 2018; 
‘‘(D) $250,000,000 for fiscal year 2019; 
and 
‘‘(E) $250,000,000 for fiscal year 2020. 
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‘‘(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 2016 
through 2020. 
‘‘(3) 
PERIOD
OF
AVAILABILITY.—Amounts 
made available under this section shall remain avail-
able until expended.’’. 
(c) RULEMAKING.— 
(1) PROPOSED RULEMAKING.—Not later than 
90 days after the date of enactment of this Act, the 
Administrator of the Federal Emergency Manage-
ment Agency shall issue a notice of proposed rule-
making regarding the amendments made by this sec-
tion to the National Dam Safety Program Act (33 
U.S.C. 467 et seq.). 
(2) FINAL
RULE.—Not later than 120 days 
after the date of enactment of this Act, the Adminis-
trator of the Federal Emergency Management Agen-
cy shall promulgate a final rule regarding the 
amendments described in paragraph (1). 
SEC. 3. BUY AMERICA. 
The National Dam Safety Program Act (33 U.S.C. 
467 et seq.) is amended by adding at the end the fol-
lowing: 
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‘‘SEC. 15. BUY AMERICA. 
‘‘(a) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 
IRON, AND MANUFACTURED GOODS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, funds made available to carry out 
this Act may not be obligated for a project unless 
the steel, iron, and manufactured goods used for the 
project are produced in the United States. 
‘‘(2) SCOPE.—The requirements of this section 
apply to all contracts for a project carried out within 
the scope of the applicable finding, determination, or 
decision under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) regardless of 
the funding source of such contracts, if at least one 
contract for the project is funded with amounts 
made available to carry out this Act. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) ISSUANCE
OF
WAIVERS.—The Adminis-
trator may waive the requirements of subsection (a) 
only if the Administrator finds that— 
‘‘(A) applying subsection (a) would be in-
consistent with the public interest, as deter-
mined in accordance with the regulations re-
quired under paragraph (2); 
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‘‘(B) the steel, iron, or manufactured 
goods required for a project are not produced in 
the United States— 
‘‘(i) in sufficient and reasonably avail-
able quantities; or 
‘‘(ii) to a satisfactory quality; or 
‘‘(C) the use of steel, iron, and manufac-
tured goods produced in the United States for 
a project will increase the total cost of the 
project by more than 25 percent. 
‘‘(2) REGULATIONS.—Not later than 1 year 
after the date of enactment of this section, the Ad-
ministrator shall issue regulations establishing the 
criteria that the Administrator shall use to deter-
mine whether the application of subsection (a) is in-
consistent with the public interest for purposes of 
paragraph (1)(A). 
‘‘(3) REQUESTS FOR WAIVERS.—A recipient of 
assistance under this Act seeking a waiver under 
paragraph (1) shall submit to the Administrator a 
request for the waiver in such form and containing 
such information as the Administrator may require. 
‘‘(c) WAIVER REQUIREMENTS.— 
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‘‘(1) PUBLIC
NOTIFICATION
OF
AND
OPPOR-
TUNITY FOR COMMENT ON REQUEST FOR A WAIV-
ER.— 
‘‘(A) IN GENERAL.—If the Administrator 
receives a request for a waiver under subsection 
(b), the Administrator shall provide notice of 
and an opportunity for public comment on the 
request at least 30 days before making a find-
ing based on the request. 
‘‘(B) NOTICE
REQUIREMENTS.—A notice 
provided under subparagraph (A) shall— 
‘‘(i) include the information available 
to the Administrator concerning the re-
quest, including whether the request is 
being made under subsection (b)(1)(A), 
(b)(1)(B), or (b)(1)(C); and 
‘‘(ii) be provided by electronic means, 
including on the official public Internet 
Web site of FEMA. 
‘‘(2) DETAILED
JUSTIFICATION
IN
FEDERAL 
REGISTER.—If the Administrator issues a waiver 
under subsection (b), the Administrator shall publish 
in the Federal Register a detailed justification for 
the waiver that— 
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‘‘(A) addresses the public comments re-
ceived under paragraph (1)(A); and 
‘‘(B) is published before the waiver takes 
effect. 
‘‘(3) ANNUAL REPORT.—Not later than Feb-
ruary 1 of each year beginning after the date of en-
actment of this section, the Administrator shall sub-
mit to the Committee on Transportation and Infra-
structure of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate a report that— 
‘‘(A) specifies each project with respect to 
which the Administrator issued a waiver under 
subsection (b) during the preceding calendar 
year; 
‘‘(B) identifies the country of origin and 
product specifications for steel, iron, or manu-
factured goods acquired pursuant to each waiv-
er under subsection (b) issued by the Adminis-
trator during the preceding calendar year; 
‘‘(C) summarizes the monetary value of 
contracts awarded pursuant to each such waiv-
er; 
‘‘(D) provides the justification for each 
such waiver, including the specific law, treaty, 
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or international agreement under which the 
waiver was granted; 
‘‘(E) summarizes the funds expended on— 
‘‘(i) steel, iron, and manufactured 
goods produced in the United States for 
projects with respect to which the Buy 
America requirement under this section 
applied during the preceding calendar year; 
and 
‘‘(ii) steel, iron, and manufactured 
goods produced outside the United States 
for projects with respect to which the Ad-
ministrator issued a waiver under sub-
section (b) during the preceding calendar 
year; and 
‘‘(F) provides an employment impact anal-
ysis of the cumulative effect of all waivers 
under subsection (b) issued by the Adminis-
trator during the preceding calendar year on 
manufacturing employment in the United 
States. 
‘‘(d) STATE REQUIREMENTS.—The Administrator 
may not impose a limitation or condition on assistance 
provided under this Act that restricts— 
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‘‘(1) a State from imposing requirements that 
are more stringent than those imposed under this 
section with respect to limiting the use of articles, 
materials, or supplies mined, produced, or manufac-
tured in foreign countries for projects carried out 
with such assistance; or 
‘‘(2) any recipient of such assistance from com-
plying with such State requirements. 
‘‘(e) INTENTIONAL VIOLATIONS.—Pursuant to proce-
dures established under subpart 9.4 of chapter 1 of title 
48, Code of Federal Regulations, a person shall be ineli-
gible to receive a contract or subcontract funded with 
amounts made available to carry out this Act if the Ad-
ministrator, the head of any department, agency, or in-
strumentality of the United States, or a court determines 
that such person intentionally— 
‘‘(1) affixed a label bearing a ‘Made in Amer-
ica’ inscription, or any inscription with the same 
meaning, to any steel, iron, or manufactured goods 
that— 
‘‘(A) were used in a project to which this 
section applies; and 
‘‘(B) were not produced in the United 
States; or 
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‘‘(2) represented that any steel, iron, or manu-
factured goods were produced in the United States 
that— 
‘‘(A) were used in a project to which this 
section applies; and 
‘‘(B) were not produced in the United 
States. 
‘‘(f) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.— 
‘‘(1) IN GENERAL.—This section shall be ap-
plied in a manner that is consistent with United 
States obligations under international agreements. 
‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN 
VIOLATION OF INTERNATIONAL AGREEMENTS.—The 
Administrator shall prohibit the use of steel, iron, 
and manufactured goods produced in a foreign coun-
try in a project funded with amounts made available 
to carry out this Act, including any project for which 
the Administrator has issued a waiver under sub-
section (b), if the Administrator, in consultation 
with the United States Trade Representative, deter-
mines that the foreign country is in violation of the 
terms of an agreement with the United States by 
discriminating against steel, iron, or manufactured 
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goods that are produced in the United States and 
covered by the agreement. 
‘‘(g) EMERGENCY WAIVER.—Notwithstanding any 
other provision of this section, the Administrator may 
waive the applicability of this section, in whole or in part, 
in an emergency.’’. 
Æ 
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