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Code · BILL · 117th Congress · H.R. 4375 (Introduced in House) — To provide funding to rehabilitate, retrofit, and remove the Nation’s dams to improve the health of the Nation’s rive... · Sec. 303

Sec. 303. Dam removal program

908 words·~4 min read·/bill/117/hr/4375/ih/section-303

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The Secretary shall establish a dam removal program to carry out dam removal projects and provide technical assistance through the award of contracts and cooperative agreements in accordance with this title. An activity eligible to be carried out with a funding allocation is— a dam removal project; and a Federal or non-Federal technical assistance program. Each participating agency shall— review proposed dam removal projects and technical assistance programs, including— projects proposed by a dam owner (or a designee, with the written consent of the dam owner); dam removal projects for Federal non-powered dams owned by the participating agency that— are no longer providing a critical purpose in the Federal interest; and have received Congressional authorization, if applicable; non-Federal dam removal technical assistance programs; and a proposed funding allocation for those projects and programs; and submit the recommended projects, programs, and funding allocation to the Council.
The Council shall— review the projects, programs, and funding allocations submitted under subparagraph (A)(ii); develop recommendations of projects and programs that meet the criteria described in paragraph
(3)and proposed funding allocations for each participating agency; and submit the projects, programs, and funding allocations recommended under clause
(ii)to the Secretary. The Secretary shall— select projects and activities under this section taking into consideration the projects and programs submitted by the Council under paragraph (1)(B)(iii); and provide to each participating agency a funding allocation pursuant to a cooperative agreement under subsection (f). Each dam removal project recommended to the Secretary by the Council shall— include written consent of the dam owner for the dam removal project, if ownership is established; meet 1 or more of the project purposes of— protecting human health and safety; restoring aquatic habitat and riverine processes; increasing river connectivity and species access to aquatic habitat; improving water quality; enhancing commercial and recreational fishing; enhancing river-based recreation; restoring nature-based infrastructure; and improving climate resilience; include satisfactory assurance from any non-Federal interests proposing projects that the non-Federal interests will have or can reasonably acquire personnel and authority to adequately manage the project; and demonstrate a commitment to obtain all required regulatory approvals and permits from all pertinent jurisdictions prior to project implementation. In selecting a dam removal project, the Secretary and participating agencies shall consider the following: The capability of the non-Federal interest to carry out the project in a technically feasible manner. The extent to which the dam poses a significant public safety hazard. The extent to which the dam provides critical beneficial uses. The extent to which the project provides multiple environmental and public benefits, with priority given to a project that meets 2 or more of the project purposes described in paragraph (3)(B). The extent to which the project will be carried out in a cost-effective manner. Any other factors that the Secretary and participating agencies determine to be reasonable and necessary for consideration. In selecting a dam removal project, the Secretary and participating agencies shall prioritize— removal of dams that pose a significant public safety hazard; and non-powered dams the removal of which will provide significant ecological value. A participating agency that receives assistance under this section may enter into cooperative agreements with non-Federal interests— to carry out dam removal projects; to provide technical assistance; or to provide assistance to a non-Federal technical assistance program. Notwithstanding section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any dam removal project, the Secretary, in consultation and coordination with appropriate State and local governmental agencies, Indian Tribes, and any impacted stakeholders, may allow a nongovernmental organization to serve as the non-Federal interest for the project. For any dam removal activity carried out with a funding allocation, the participating agency shall provide public notice in accordance with applicable regulations and requirements of the participating agency. To the maximum extent practicable, in carrying out activities under this title, participating agencies shall allocate amounts from the funding allocation of the agency equitably among regions of the United States. A funding allocation may be used for all dam removal and related project needs, including— engineering, scientific assessment, economic analysis, construction, project management, technical assistance, acquisition, liability insurance, monitoring, regulatory compliance, updating flood hazard mapping as needed for project implementation, project administration, infrastructure protection, and sediment management; all stages of project planning and design; Federal, State, Tribal, and non-Federal dam removal technical assistance programs to identify projects, complete initial project stages, train project managers and others involved in dam removal projects, and provide technical assistance; establishment of collaborative Federal teams to increase efficiency of evaluation and removal of federally owned dams; and monitoring under subsection (h). The Secretary shall enter into a cooperative agreement with each participating agency to provide the funding allocation determined by the Secretary for the participating agency. A funding allocation provided under this title shall supplement and not supplant amounts otherwise made available to the participating agency. The Federal share of the cost of a dam removal project carried out under this title shall be 100 percent, unless a different Federal share is required by the program of the participating agency under which the project is being carried out. The costs of monitoring a dam removal project— shall be an eligible use of a funding allocation; and may be included in the total cost of the dam removal project. The goals of monitoring referred to paragraph
(1)shall be— to measure the safety and effectiveness of the project; and to allow adaptive management to ensure project success.
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  • 42 USC 1962d–5b(b)
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Sec. 303
Dam removal program
Cite42 USC 1962d–5b(b)
Cites 1Cited by 0 across 0 sources
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