Page:United States Statutes at Large Volume 110 Part 5.djvu/617

 PUBLIC LAW 104-303—OCT. 12, 1996 110 STAT. 3691 "(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 contract Contracts. 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 contract. "(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.—I f 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. "(g) DAM SAFETY TRAINING.— At the request of any State that has or intends to develop a State dam safety program, the Director shall provide training for State dam safety staff and inspectors. " (h) BOARD.— "(1) ESTABLISHMENT.—The Director may estabhsh an advisory board to be known as the 'National Dam Safety Review Board' to monitor State implementation of this section. "(2) AUTHORITY.—The Board may use the expertise of Federal agencies and enter into contracts for necessary studies to carry out this section. "(3) MEMBERSHIP. —The Board shall consist of 11 members selected by the Director for expertise in dam safety, of whom— "(A) 1 member shall represent the Department of Agriculture; "(B) 1 member shall represent the Department of Defense;

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