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.

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--
            (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 redesignated by 
        paragraph (2) of this subsection) the following:
            ``(1) Administrator.--The term `Administrator' 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 paragraphs (5), (6), (7), 
        (8), (9), (10), (13), (14), (15), and (16), respectively;
            (5) by inserting after paragraph (3) (as redesignated by 
        paragraph (2) of this subsection) the following:
            ``(4) Deficient dam.--The term `deficient dam' means a dam 
        that the State within the boundaries 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
            (6) by inserting after paragraph (10) (as redesignated by 
        paragraph (4) of this subsection) the following:
            ``(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 nonprofit 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 
                                utilities; and
                                    ``(III) local irrigation districts.
            ``(12) Rehabilitation.--The term `rehabilitation' means the 
        repair, replacement, reconstruction, or removal of a dam that 
        is carried out to meet applicable State 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:

``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.

    ``(a) Establishment of Program.--The Administrator shall establish, 
within FEMA, a program to provide grant assistance to States for use in 
rehabilitation of deficient 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 section shall be submitted 
                at such time, be in such form, and contain such 
                information as the Administrator may prescribe by 
                regulation.
            ``(2) Grant.--
                    ``(A) In general.--The Administrator may make a 
                grant in accordance with this section 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 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 subparagraph (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 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 the same manner that recipients 
        of financial contributions under section 611(j) of such Act are 
        required to assure compliance with such standards.
    ``(c) Priority System.--The Administrator, in consultation with the 
Board, shall develop a risk-based priority 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 fiscal 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.
    ``(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 maintenance 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, surveying, 
        mapping, and related services entered into using funds from the 
        grant be awarded in the same manner as a contract for 
        architectural and engineering services is awarded under--
                    ``(A) chapter 11 of title 40, United States Code; 
                or
                    ``(B) an equivalent qualifications-based 
                requirement 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 appropriated to 
        provide for the employment of such additional staff of FEMA as 
        are necessary to carry out this section $400,000 for each of 
        fiscal years 2013 through 2017.
            ``(3) Period of availability.--Amounts made available under 
        this section shall remain available until expended.''.

SEC. 3. RULEMAKING.

    (a) Proposed Rulemaking.--Not later than 90 days after the date of 
enactment of this Act, the Administrator of the Federal Emergency 
Management Agency shall issue a notice of proposed rulemaking regarding 
the amendments made by section 2 to the National Dam Safety 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 subsection (a).

Summary: Dam Rehabilitation and Repair Act of 2012 - Amends the National Dam Safety Program Act to require the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to states for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams).

Sets forth provisions regarding procedures for grant awards and fund allocation. Requires the FEMA Administrator to: (1) require a state to provide an assurance that the owner of the dam to be rehabilitated has developed and will carry out a maintenance plan during the expected life of the dam, (2) require a recipient of a grant under this Act to comply with requirements applicable to contributions of federal funds under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and (3) develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the federal share of rehabilitation costs to 65%.

Prohibits funds from being used to: (1) rehabilitate a federal dam, (2) perform routine operation or maintenance, (3) modify a dam to produce hydroelectric power, (4) increase water supply storage capacity, or (5) make any other modification that does not also improve safety.

Conditions the receipt of grants by states upon compliance with specified requirements regarding contracts for architectural and engineering services. Provides that such contracts shall not be considered to confer a proprietary interest upon the United States.