Sec. 1132. IMPROVEMENTS TO NATIONAL DAM SAFETY PROGRAM

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## SEC. 1132 IMPROVEMENTS TO NATIONAL DAM SAFETY PROGRAM ###

(a)Definitions Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended— ####

(1)by redesignating paragraph

(16)as paragraph (17); and ####

(2)by inserting after paragraph

(15)the following: > > #### “(16) Underserved community > > 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.” > . ###

(b)National Inventory of Dams and Low-Head Dams Section 6 of the National Dam Safety Program Act (33 U.S.C. 467d) is amended to read as follows: > > ## “SEC. 6 NATIONAL INVENTORY OF DAMS AND LOW-HEAD DAMS > > > ### “(a) In General > > The Secretary of the Army shall maintain and update information on the inventory of dams and low-head dams in the United States. > > > ### “(b) Dams > > 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. > > > ### “(c) Low-Head Dams > > The inventory maintained under subsection

(a)shall include— > > > #### “(1) > > the location, ownership, description, current use, condition, height, and length of each low-head dam; > > > #### “(2) > > any information on public safety conditions at each low-head dam; and > > > #### “(3) > > any other relevant information concerning low-head dams. > > > ### “(d) Data > > In carrying out this section, the Secretary shall— > > > #### “(1) > > coordinate with Federal and State agencies, Tribal governments, and other relevant entities; and > > > #### “(2) > > use data provided to the Secretary by those agencies and entities. > > > ### “(e) Public Availability > > The Secretary shall make the inventory maintained under subsection

(a)publicly available (including on a publicly available website), including— > > > #### “(1) > > public safety information on the dangers of low-head dams; and > > > #### “(2) > > a directory of financial and technical assistance resources available to reduce safety hazards and fish passage barriers at low-head dams. > > > ### “(f) Clarification > > 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. > > > ### “(g) Low-Head Dam Defined > > 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.” > . ###

(c)Rehabilitation of High Hazard Potential Dams Section 8A of the National Dam Safety Program Act (33 U.S.C. 467f-2) is amended— ####

(1)in subsection (c)(2), by striking subparagraph

(C)and inserting the following: > > ##### “(C) Grant assurance > > 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.” > ; ####

(2)in subsection (d)(2)(C), by striking “commit” and inserting “for a project not including removal, obtain a commitment from the dam owner”; ####

(3)by striking subsection

(e)and inserting the following: > > ### “(e) Floodplain Management Plans > > > #### “(1) In general > > 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— > > > ##### “(A) > > for a removal— > > > ###### “(i) > > is in place; and > > > ###### “(ii) > > 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 > > > ##### “(B) > > for a project not including removal— > > > ###### “(i) > > is in place; or > > > ###### “(ii) > > will be— > > > ###### “(I) > > developed not later than 2 years after the date of execution of a project agreement for assistance under this section; and > > > ###### “(II) > > implemented not later than 2 years after the date of completion of construction of the project. > > > #### “(2) Requirement > > 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). > > > #### “(3) Inclusions > > A plan under paragraph (1)(B) shall address— > > > ##### “(A) > > 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; > > > ##### “(B) > > plans for flood fighting and evacuation; and > > > ##### “(C) > > public education and awareness of flood risks. > > > #### “(4) Plan criteria and technical support > > 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.” > ; ####

(4)in subsection (g)(1)— #####

(A)in subparagraph (A), by striking “Any” and inserting “Except as provided in subparagraph (C), any”; and #####

(B)by adding at the end the following: > > ##### “(C) Underserved communities > > Subparagraph

(A)shall not apply to a project carried out by or for the benefit of an underserved community.” > . ###

(d)Authorization of Appropriations Section 14 of the National Dam Safety Program Act (33 U.S.C. 467j) is amended— ####

(1)in subsection (a)— #####

(A)in paragraph (1), by striking “2023” and inserting “2028”; and #####

(B)in paragraph (2)— ######

(i)in subparagraph (A), by inserting “and low-head dams” after “inventory of dams” each place it appears; and ######

(ii)by amending subparagraph

(B)to read as follows: > > ##### “(B) Maximum amount of allocation > > 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.” > ; ####

(2)in subsection (b)— #####

(A)by striking the subsection heading and inserting “National Inventory of Dams and Low-Head Dams”; and #####

(B)by striking “2023” and inserting “2028”; ####

(3)in subsection (c), by striking “2023” and inserting “2028”; ####

(4)in subsection (d), by striking “2023” and inserting “2028”; ####

(5)in subsection (e), by striking “2023” and inserting “2028”; and ####

(6)in subsection (f), by striking “2023” and inserting “2028”. ###

(e)Conforming Amendment Section 15 of the National Dam Safety Program Act (33 U.S.C. 467o) is repealed.

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