[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 389 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 389
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
January 10, 2007
Mr. Kuhl of New York (for himself and Mr. Ehlers) introduced 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.
Be it enacted by the Senate and House of Representatives 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
2007''.
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 paragraphs (5), (6), (7),
(8), (9), (10), (12), (13), (14), and (15), respectively;
(2) by striking paragraph (3) and inserting the following:
``(3) Administrator.--The term `Administrator' means the
Administrator of FEMA.
``(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
(3) by inserting after paragraph (10) (as redesignated by
paragraph (1)) the following:
``(11) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam that
is carried out to meet applicable State dam safety and security
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 publicly-owned deficient dams.
``(b) Award of Grants.--
``(1) Application.--A State interested in receiving a grant
under this section may submit to the Administrator an
application for such grant. Applications submitted to the
Administrator under this section shall be submitted at such
times, be in such form, and contain such information, as the
Administrator may prescribe by regulation.
``(2) In general.--Subject to the provisions of this
section, the Administrator may make a grant 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. 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) 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 (f)(1) for a fiscal year shall be allocated for
making grants under this section to States applying for such grants for
that fiscal year as follows:
``(1) One-third divided equally among applying States.
``(2) Two-thirds among applying States based on the ratio
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) 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 such rehabilitation.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section--
``(A) $50,000,000 for fiscal year 2007; and
``(B) $100,000,000 for each of fiscal years 2008
through 2010.
``(2) Staff.--There are 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 2007 through 2009.
``(3) Period of availability.--Sums appropriated pursuant
to this section shall remain available until expended.''.
(c) Conforming Amendment.--Such Act (other than section 2) is
further amended by striking ``Director'' each place it appears and
inserting ``Administrator''.
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 of this Act.
(b) Final Rule.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall issue a final rule
regarding such amendments.
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