,,ii #aadth ,,congress #b;d ,session ,s4 #bhce ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ba1 #bjaf ,mr4 ,reed 7for himself and ,mrs4 ,capito7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,national ,dam ,safety ,program ,act to establish a program to provide grant assistance for the rehabilitation and repair of high hazard potential dams1 and for other purposes4 #a4 ,rehabilitation and repair of high hazard potential dams 7a7 ,definitions ,section #b of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg7 is amended-- 7#a7 by redesignating paragraphs 7#d71 7#e71 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ab71 and 7#ac7 as paragraphs 7#e71 7#f71 7#g71 7#h71 7#i71 7#aa71 7#ac71 7#ad71 7#ae71 and 7#af71 respectively2 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,eligible high hazard potential dam 7,a7 ,in general ,the term eligible high hazard potential dam means a non-,federal dam that-- 7i7 is classified as high hazard potential by the ,state dam safety agency in the ,state in which the dam is located2 7ii7 has an emergency action plan approved by the relevant ,state dam safety agency2 and 7iii7 the ,state in which the dam is located determines-- 7,i7 fails to meet minimum dam safety standards of the ,state2 and 7,,ii7 poses an unacceptable risk to the public4 7,b7 ,exclusion ,the term eligible high hazard potential dam does not include-- 7i7 a licensed hydroelectric dam2 or 7ii7 a dam built under the authority of the ,secretary of ,agriculture4 2 7#c7 by inserting after paragraph 7#i7 7as redesignated by paragraph 7#a77 the following3 7#aj7 ,non-,federal sponsor ,the term non-,federal sponsor1 in the case of a project receiving assistance under section #h;,a1 includes-- 7,a7 a governmental organization2 and 7,b7 a nonprofit organization4 2 and 7#d7 by inserting after paragraph 7#aa7 7as redesignated by paragraph 7#a77 the following3 7#ab7 ,rehabilitation ,the term rehabilitation means the repair1 replacement1 reconstruction1 or removal of a dam that is carried out to meet applicable ,state dam safety and security standards4 4 7b7 ,program for rehabilitation and repair of deficient dams ,the ,national ,dam ,safety ,program ,act is amended by inserting after section #h 7#cc ,u4,s4,c4 #dfg;f7 the following3 #h;,a4 ,rehabilitation and repair of deficient dams 7a7 ,establishment of program ,the ,administrator shall establish1 within ,,fema1 a program to provide technical1 planning1 design1 and construction assistance in the form of grants to non-,federal sponsors for rehabilitation of eligible high hazard potential dams4 7b7 ,eligible activities ,a grant awarded under this section for a project may be used for-- 7#a7 repair2 7#b7 removal2 or 7#c7 any other structural or nonstructural measures4 7c7 ,award of grants 7#a7 ,application 7,a7 ,in general ,a non-,federal sponsor interested in receiving a grant under this section may submit to the ,administrator an application for the grant4 7,b7 ,requirements ,an application submitted to the ,administrator under this section shall be submitted at such time1 be in such form1 and contain such information as the ,administrator may prescribe by regulation4 7#b7 ,grant 7,a7 ,in general ,the ,administrator may make a grant in accordance with this section for rehabilitation of a high hazard potential dam to a non-,federal sponsor that submits an application for the grant in accordance with the regulations prescribed by the ,administrator4 7,b7 ,project grant agreement ,the ,administrator shall enter into a project grant agreement with the non-,federal sponsor to establish the terms of the grant and the project1 including the amount of the grant4 7,c7 ,grant assurance ,as part of a project grant agreement under subparagraph 7,b71 the ,administrator shall require the non-,federal sponsor to provide an assurance1 with respect to the dam to be rehabilitated under the project1 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 dam4 7,d7 ,limitation ,a grant provided under this section shall not exceed the lesser of-- 7i7 #ab4e percent of the total amount of funds made available to carry out this section2 or 7ii7 #g1ejj1jjj4 7d7 ,requirements 7#a7 ,approval ,a grant awarded under this section for a project shall be approved by the relevant ,state dam safety agency4 7#b7 ,cost sharing 7,a7 ,in general ,any assistance provided under this section for a project shall be subject to a non-,federal cost-sharing requirement of not less than #ce percent4 7,b7 ,in-kind contributions ,the non-,federal share under subparagraph 7,a7 may be provided in the form of in-kind contributions4 7#c7 ,allocation of funds ,the total amount of funds made available to carry out this section for each fiscal year shall be distributed as follows3 7,a7 ,equal distribution #a_/c shall be distributed equally among the ,states in which the projects for which applications are submitted under subsection 7c77#a7 are located4 7,b7 ,need-based #b_/c shall be distributed among the ,states in which the projects for which applications are submitted under subsection 7c77#a7 are located based on the proportion that-- 7i7 the number of eligible high hazard potential dams in the ,state2 bears to 7ii7 the number of eligible high hazard potential dams in all ,states in which projects for which applications are submitted under subsection 7c77#a74 7e7 ,use of funds ,none of the funds provided in the form of a grant or otherwise made available under this section shall be used-- 7#a7 to rehabilitate a ,federal dam2 7#b7 to perform routine operation or maintenance of a dam2 7#c7 to modify a dam to produce hydroelectric power2 7#d7 to increase water supply storage capacity2 or 7#e7 to make any other modification to a dam that does not also improve the safety of the dam4 7f7 ,contractual requirements 7#a7 ,in general ,subject to paragraph 7#b71 as a condition on the receipt of a grant under this section1 a non-,federal sponsor that receives the grant shall require that each contract and subcontract for program management1 construction management1 planning studies1 feasibility studies1 architectural services1 preliminary engineering1 design1 engineering1 surveying1 mapping1 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-- 7,a7 chapter #aa of title #dj1 ,united ,states ,code2 or 7,b7 an equivalent qualifications-based requirement prescribed by the relevant ,state4 7#b7 ,no proprietary interest ,a contract awarded in accordance with paragraph 7#a7 shall not be considered to confer a proprietary interest upon the ,united ,states4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #fj1jjj1jjj for each of fiscal years #bjag through #bjbg1 to remain available until expended4 4 #b4 ,rulemaking 7a7 ,proposed rulemaking ,not later than #ij days after the date of enactment of this ,act1 the ,administrator of the ,federal ,emergency ,management ,agency shall issue a notice of proposed rulemaking regarding the amendments made by section #a to the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg et seq474 7b7 ,final rule ,not later than #aej days after the date of enactment of this ,act1 the ,administrator of the ,federal ,emergency ,management ,agency shall promulgate a final rule regarding the amendments described in subsection 7a74