Sec. 1132. Improvements to National Dam Safety Program
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/bill/118/s/4367/eah/section-1132A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2 of the National Dam Safety Program Act ( 33 U.S.C. 467 ) is amended— by redesignating paragraph
(16)as paragraph (17); and by inserting after paragraph
(15)the following: The term underserved community means a community with a population of less than 50,000 that has a median household income of less than 80 percent of the statewide median household income. . Section 6 of the National Dam Safety Program Act ( 33 U.S.C. 467d ) is amended to read as follows: The Secretary of the Army shall maintain and update information on the inventory of dams and low-head dams in the United States. The inventory maintained under subsection
(a)shall include any available information assessing each dam based on inspections completed by a Federal agency, a State dam safety agency, or a Tribal government. The inventory maintained under subsection
(a)shall include— the location, ownership, description, current use, condition, height, and length of each low-head dam; any information on public safety conditions at each low-head dam; and any other relevant information concerning low-head dams. In carrying out this section, the Secretary shall— coordinate with Federal and State agencies, Tribal governments, and other relevant entities; and use data provided to the Secretary by those agencies and entities. The Secretary shall make the inventory maintained under subsection
(a)publicly available (including on a publicly available website), including— public safety information on the dangers of low-head dams; and a directory of financial and technical assistance resources available to reduce safety hazards and fish passage barriers at low-head dams. Nothing in this section provides authority to the Secretary to carry out an activity, with respect to a low-head dam, that is not explicitly authorized under this section. In this section, the term low-head dam means a river-wide artificial barrier that generally spans a stream channel, blocking the waterway and creating a backup of water behind the barrier, with a drop off over the wall of not less than 6 inches and not more than 25 feet. . Section 8A of the National Dam Safety Program Act ( 33 U.S.C. 467f–2 ) is amended— in subsection (c)(2), by striking subparagraph
(C)and inserting the following: As part of a grant agreement under subparagraph (B), the Administrator shall require that each eligible subrecipient to which the State awards a grant under this section provides an assurance from the dam owner, with respect to the dam to be rehabilitated, that the dam owner will carry out a plan for maintenance of the dam during the expected life of the dam. ; in subsection (d)(2)(C), by striking commit and inserting for a project not including removal, obtain a commitment from the dam owner ; by striking subsection
(e)and inserting the following: As a condition of receipt of assistance under this section, an eligible subrecipient shall demonstrate that a floodplain management plan to reduce the impacts of future flood events from a controlled or uncontrolled release from the dam or management of water levels in the area impacted by the dam— for a removal— is in place; and identifies areas that would be impacted by the removal of the dam and includes a communication and outreach plan for the project and the impact of the project on the affected communities; or for a project not including removal— is in place; or will be— developed not later than 2 years after the date of execution of a project agreement for assistance under this section; and implemented not later than 2 years after the date of completion of construction of the project. In the case of a plan for a removal, the Administrator may not impose any additional requirements or conditions other than the requirements in paragraph (1)(A). A plan under paragraph (1)(B) shall address— potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in the area protected or impacted by the dam; plans for flood fighting and evacuation; and public education and awareness of flood risks. The Administrator, in consultation with the Board, shall provide criteria, and may provide technical support, for the development and implementation of floodplain management plans prepared under this subsection. ; in subsection (g)(1)— in subparagraph (A), by striking Any and inserting Except as provided in subparagraph (C), any ; and by adding at the end the following: Subparagraph
(A)shall not apply to a project carried out by or for the benefit of an underserved community. . Section 14 of the National Dam Safety Program Act ( 33 U.S.C. 467j ) is amended— in subsection (a)— in paragraph (1), by striking 2023 and inserting 2028 ; and in paragraph (2)— in subparagraph (A), by inserting and low-head dams after inventory of dams each place it appears; and by amending subparagraph
(B)to read as follows: The amount of funds allocated to a State under this paragraph for a fiscal year may not exceed the amount that is equal to 4 times the amount of funds committed by the State to implement dam safety activities for that fiscal year. ; in subsection (b)— by striking the subsection heading and inserting ; and National inventory of dams and low-Head dams by striking 2023 and inserting 2028 ; in subsection (c), by striking 2023 and inserting 2028 ; in subsection (d), by striking 2023 and inserting 2028 ; in subsection (e), by striking 2023 and inserting 2028 ; and in subsection (f), by striking 2023 and inserting 2028 . Section 15 of the National Dam Safety Program Act ( 33 U.S.C. 467o ) is repealed.
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- 33 USC 467f–2
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Sec. 1132
Improvements to National Dam Safety Program
Cite33 USC 467f–2
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