[Senate Report 109-276]
[From the U.S. Government Publishing Office]
Calendar No. 511
109th Congress Report
SENATE
2nd Session 109-276
======================================================================
DAM SAFETY ACT OF 2006
_______
July 10, 2006.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 2735]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 2735) to amend the National Dam Safety
Program Act to reauthorize the national dam safety program, and
for other purposes, having considered the same, reports
favorably thereon and recommends that the bill, as amended, do
pass.
General Statement and Background
In 1972, Congress directed the Secretary of the Army to
undertake a national program on the inspection of dams (Public
Law 92-367). The Water Resources Development Act of 1996
(Public Law 104-303) amended that Act to establish the National
Dam Safety Program as a partnership of the States, Federal
agencies and other stakeholders to encourage individual and
community responsibility for dam safety. The amended Act is
cited as the National Dam Safety Program Act.
The Act includes: 1) a National Dam Inventory to provide to
the public periodically updated information on the inventory of
dams in the United States; 2) an Interagency Committee on Dam
Safety to encourage the establishment and maintenance of
effective Federal and State programs, policies and guidelines
intended to enhance dam safety; 3) a National Dam Safety
Program, including a strategic plan, a National Dam Safety
Review Board and grant assistance to the States to provide
vital support for the improvement of the State dam safety
programs that regulate most of the 79,500 dams in the United
States; 4) a dam safety research effort for technical and
archival research; and 5) dam safety training for State dam
safety staff and inspectors.
The Dam Safety and Security Act of 2002 (Public Law 107-
310), signed into law on December 2, 2002, reauthorized the Act
for 4 years and added enhancements designed to safeguard dams
against terrorist attacks.
Objectives of the Legislation
S. 2735 provides for the reauthorization and improvement of
the National Dam Safety Program Act. The bill strengthens the
Act by improving the National Dam Inventory, encouraging States
to improve State dam safety programs and increasing the
authorization levels of the various components of the Act.
Section-by-Section Analysis
Section 1. Short title.
This section provides that this Act may be cited as the
``Dam Safety Act of 2006''.
Sec. 2. National Dam Inventory.
Summary
This section amends section 6 of the National Dam Safety
Program Act to clarify that the National Dam Inventory should
include a summary of the results of any inspection completed by
either a Federal agency or a State dam safety agency.
Description
Currently, the only information relating to inspections
included in the National Dam Inventory is the date of the most
recent inspection. This section ensures that a summary of the
results of inspections also will be collected and made publicly
available by requiring inclusion in the inventory. This section
does not require any new or additional inspections, nor does it
require any greater level of detail for inspections than is
already required for Federal agencies and State dam safety
agencies.
Sec. 3. National Dam Safety Program.
Summary
This section amends section 8 of the National Dam Safety
Program Act to include performance measures as part of the
strategic plan and to add criteria for State dam safety
programs to be eligible for assistance under the Act.
Description
To be eligible to receive assistance under the Act, a State
must be working toward meeting the criteria for State dam
safety programs listed in the Act. One of the criteria is the
authority to require or perform inspections, at least once
every 5 years, of all high-hazard dams. High-hazard dams are
those dams the failure of which would pose a significant threat
to human life and property. Since the hazard level of a dam may
change over time--due to changes to the structure or operation
of the dam or development of downstream areas--this section
adds to the criteria the authority to require or perform
periodic evaluations of all dams to determine the hazard level
of each dam. The section also adds to the criteria the
authority to require owners of dams, when appropriate, to
install and monitor instrumentation.
Sec. 4. Authorization of appropriations.
Summary
This section amends section 13 of the National Dam Safety
Program Act to authorize appropriations for fiscal years 2007-
2011.
Description
This section makes the following increases in authorization
levels for the next five fiscal years:
$8,000,000 (from $6,000,000) for the Interagency
Committee on Dam Safety and the National Dam Safety Program;
$1,000,000 (from $500,000) for the National Dam
Inventory;
$2,000,000 (from $1,500,000) for research;
$700,000 (from $500,000) for dam safety
training; and
$1,000,000 (from $600,000) for staff personnel
to carry out the National Dam Safety Program and dam safety
training.
Legislative History
On May 4, 2006, Senator Bond introduced S. 2735, which was
cosponsored by Senator Akaka. The bill was read twice and
referred to the Senate Committee on Environment and Public
Works. The committee met on May 23, 2006, to consider the bill.
During consideration of the bill, an amendment in the nature of
a substitute offered by Senators Inhofe and Jeffords was agreed
to by voice vote. S. 2735, as amended, was ordered favorably
reported by voice vote.
Hearings
No committee hearings were held on S. 2735.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 2735 on May 23, 2006. During consideration of the
bill, an amendment in the nature of a substitute offered by
Senators Inhofe and Jeffords was agreed to by voice vote. The
bill, as amended, was ordered favorably reported by voice vote.
No roll call votes were taken.
Regulatory Impact Statement
In compliance with Section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 2735
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 2735 would not
impose Federal intergovernmental unfunded mandates on State,
local or tribal governments. Enacting this bill would benefit
States by increasing the amount authorized for State grants.
The bill does not impose any private-sector mandates.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
----------
S. 2735, Dam Safety Act of 2006, As ordered reported by the Senate
Committee on Environment and Public Works on May 23, 2006
Summary
S. 2735 would reauthorize the national dam safety program
through fiscal year 2011. The safety program, administered by
the Federal Emergency Management Agency (FEMA), provides grants
to State regulatory agencies, funds research projects aimed at
improving dam safety, and trains safety officials and dam
operators. The bill would authorize the appropriation of $12.7
million for each year over the 2007-2011 period for the
national dam safety program.
Assuming appropriation of the amounts specified in S. 2735,
CBO estimates that implementing the bill would cost about $60
million over the 2007-2011 period. Enacting S. 2735 would not
affect direct spending or receipts.
S. 2735 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments. Enacting this bill would benefit States by
increasing the amount authorized for State grants.
Estimated Cost to the Federal Government
The estimated budgetary impact of S. 2735 is shown in the
following table. The costs of this legislation fall within
budget function 450 (community and regional development). For
this estimate, CBO assumes that S. 2735 will be enacted near
the beginning of fiscal year 2007 and that the amounts
specified in the bill will be appropriated for each fiscal
year. Estimates of outlays are based on historical spending
patterns for the national dam safety program.
By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
2007 2008 2009 2010 2011
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO
APPROPRIATION
Authorization Level............. 13 13 13 13 13
Estimated Outlays............... 10 13 13 13 13
------------------------------------------------------------------------
Intergovernmental and Private-Sector Impact
S. 2735 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on State,
local, or tribal governments. Enacting this bill would benefit
States by increasing the amount authorized for State grants.
Under current law, State dam safety programs are required
to work toward meeting certain criteria to receive Federal
assistance through the national dam safety program. S. 2735
would modify those criteria to require States' dam safety
programs to include the authority to require owners of dams,
including dams in the private sector, to install and monitor
certain instruments.
Estimate Prepared By: Federal Costs: Gregory Waring; Impact
on State, Local, and Tribal Governments: Emily Holt and
Marjorie Miller; Impact on the Private Sector: Amy Petz.
Estimate Approved By: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
----------
NATIONAL DAM SAFETY PROGRAM ACT
AN ACT To authorize the Secretary of the Army to undertake a national
program of inspection of 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 ``National Dam Safety Program
Act''.
* * * * * * *
[SEC. 6. NATIONAL DAM INVENTORY.
[The Secretary of the Army, acting through the Chief of
Engineers, may maintain and periodically publish updated
information on the inventory of dams in the United States.]
SEC. 6. NATIONAL DAM INVENTORY.
(a) In General.--The Secretary of the Army, acting through
the Chief of Engineers, shall maintain and update information
on the inventory of dams in the United States.
(b) Requirement.--The inventory of dams described in
subsection (a) shall include a summary of the results of any
inspection completed by either a Federal agency or a State dam
safety agency.
* * * * * * *
SEC. 8. NATIONAL DAM SAFETY PROGRAM.
(a) * * *
* * * * * * *
(b) Duties.--The Director shall prepare a strategic plan--
(1) to establish goals, priorities, [and target
dates to] performance measures, and target dates toward
effectively administering this Act in order to improve
the safety of dams in the United States; and
(2) to the extent feasible, to establish
cooperation and coordination with, and assistance to,
interested governmental entities in all States.
* * * * * * *
(e) Assistance for State Dam Safety Programs.--
(1) In general.--To encourage the establishment and
maintenance of effective State programs intended to
ensure dam safety, to protect human life and property,
and to improve State dam safety programs, the Director
shall provide assistance with amounts made available
under section 13 to assist States in establishing,
maintaining, and improving dam safety programs in
accordance with the criteria specified in paragraph
(2).
(2) Criteria and budgeting requirement.--For a
State to be eligible for assistance under this
subsection, a State dam safety program must be working
toward meeting the following criteria and budgeting
requirement:
(A) Criteria.--A State dam safety program
must be authorized by State legislation to
include [substantially], at a minimum--
(i) the authority to review and
approve plans and specifications to
construct, enlarge, modify, remove, and
abandon dams;
(ii) the authority to perform
periodic inspections during dam
construction to ensure compliance with
approved plans and specifications;
(iii) a requirement that, on
completion of dam construction, State
approval must be given before operation
of the dam;
(iv) the authority to require or
perform periodic evaluations of all
dams and reservoirs to determine the
extent of the threat to human life and
property in case of failure;
[(iv)] (v)(I) the authority to
require or perform the inspection, at
least once every 5 years, of all dams
and reservoirs that would pose a
significant threat to human life and
property in case of failure to
determine the continued safety of the
dams and reservoirs; and
(II) a procedure for more detailed
and frequent safety inspections;
[(v)] (vi) a requirement that all
inspections be performed under the
supervision of a State-registered
professional engineer with related
experience in dam design and
construction;
[(vi)] (vii) the authority to issue
notices, when appropriate, to require
owners of dams to perform necessary
maintenance or remedial work, install
and monitor instrumentation, improve
security, revise operating procedures,
or take other actions, including
breaching dams when necessary;
[(vii)] (viii) regulations for
carrying out the legislation of the
State described in this subparagraph;
[(viii)] (ix) provision for
necessary funds--
(I) to ensure timely
repairs or other changes to, or
removal of, a dam in order to
protect human life and
property; and
(II) if the owner of the
dam does not take action
described in subclause (I), to
take appropriate action as
expeditiously as practicable;
[(ix)] (x) a system of emergency
procedures to be used if a dam fails or
if the failure of a dam is imminent;
and
[(x)] (xi) an identification of--
(I) each dam the failure of
which could be reasonably
expected to endanger human
life;
(II) the maximum area that
could be flooded if the dam
failed; and
(III) necessary public
facilities that would be
affected by the flooding.
(B) Budgeting requirement.--For a State to
be eligible for assistance under this
subsection, State appropriations must be
budgeted to carry out the legislation of the
State under subparagraph (A).
(3) Work plans.--The Director shall enter into a
agreement with each State receiving assistance under
paragraph (2) to develop a work plan necessary for the
State dam safety program to reach a level of program
performance specified in the agreement.
(4) Maintenance of effort.--Assistance may not be
provided to a State under this subsection for a fiscal
year unless the State enters into such agreement with
the Director as the Director requires to ensure that
the State will maintain the aggregate expenditures of
the State from all other sources for programs to ensure
dam safety for the protection of human life and
property at or above a level equal to the average
annual level of such expenditures for the 2 fiscal
years preceding the fiscal year.
(5) Approval of programs.--
(A) Submission.--For a State to be eligible
for assistance under this subsection, a plan
for a State dam safety program shall be
submitted to the Director for approval.
(B) Approval.--A State dam safety program
shall be deemed to be approved 120 days after
the date of receipt by the Director unless the
Director determines within the 120-day period
that the State dam safety program fails to meet
the requirements of paragraphs (1) through (3).
(C) Notification of disapproval.--If the
Director determines that a State dam safety
program does not meet the requirements for
approval, the Director shall immediately notify
the State in writing and provide the reasons
for the determination and the changes that are
necessary for the plan to be approved.
(6) Review of state dam safety programs.--Using the
expertise of the Board, the Director shall periodically
review State dam safety programs. If the Board finds
that a State dam safety program has proven inadequate
to reasonably protect human life and property and the
Director concurs, the Director shall revoke approval of
the State dam safety program, and withhold assistance
under this subsection, until the State dam safety
program again meets the requirements for approval.
* * * * * * *
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) National Dam Safety Program.--
(1) Annual amounts.--There are authorized to be
appropriated to FEMA to carry out sections 7, 8, and 11
(in addition to any amounts made available for similar
purposes included in any other Act and amounts made
available under subsections (b) through (e)),
[$6,000,000 for each of fiscal years 2003 through 2006]
$8,000,000 for each of fiscal years 2007 through 2011,
to remain available until expended.
(2) Allocation.--
(A) In general.--Subject to subparagraphs
(B) and (C), for each fiscal year, amounts made
available under this subsection to carry out
section 8 shall be allocated among the States
as follows:
(i) One-third among States that
qualify for assistance under section
8(e).
(ii) Two-thirds among States that
qualify for assistance under section
8(e), to each such State in proportion
to--
(I) the number of dams in
the State that are listed as
State-regulated dams on the
inventory of dams maintained
under section 6; as compared to
(II) the number of dams in
all States that are listed as
State-regulated dams on the
inventory of dams maintained
under section 6.
(B) Maximum amount of allocation.--The
amount of funds allocated to a State under this
paragraph may not exceed 50 percent of the
reasonable cost of implementing the State dam
safety program.
(C) Determination.--The Director and the
Board shall determine the amount allocated to
States.
(b) National Dam Inventory.--There is authorized to be
appropriated to carry out section 6 [$500,000 for each fiscal
year] $1,000,000 for each of fiscal years 2007 through 2011.
(c) Research.--There is authorized to be appropriated to
carry out section 9 [$1,500,000 for each of fiscal years 2003
through 2006] $2,000,000 for each of fiscal years 2007 through
2011, to remain until expended.
(d) Dam Safety Training.--There is authorized to be
appropriated to carry out section 10 [$500,000 for each of
fiscal years 2003 through 2006] $700,000 for each of fiscal
years 2007 through 2011.
(e) Staff.--There is authorized to be appropriated to FEMA
for the employment of such additional staff personnel as are
necessary to carry out sections 8 through 10 [$600,000 for each
of fiscal years 2003 through 2006] $1,000,000 for each of
fiscal years 2007 through 2011.
* * * * * * *