S. 3111

National Dam Safety Program Reauthorization Act of 2023

Latest
Raw Text PDF XML

II

118th CONGRESS

1st Session

S. 3111

IN THE SENATE OF THE UNITED STATES

October 24, 2023

Mr. Cramer (for Mr. Padilla (for himself, Mr. Cramer, Mr. Bennet, Mr. Boozman, Mr. Daines, Mrs. Gillibrand, Ms. Murkowski, Mr. Ricketts, Ms. Stabenow, Mr. Tillis, Mr. Whitehouse, Mr. Wyden, and Mr. Peters)) introduced the following bill; 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 reauthorize and improve that Act, and for other purposes.

1.

Short title

This Act may be cited as the National Dam Safety Program Reauthorization Act of 2023.

2.

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 paragraphs (13) through (16) as paragraphs (14) through (17), respectively; and

(2)

by inserting after paragraph (12) the following:

(13)

Small disadvantaged community

The term small disadvantaged 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)

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)

by striking subsection (f) and inserting the following:

(f)

Priority system

The Administrator, in consultation with the Board, shall develop a risk-based priority system for States to use in prioritizing multiple applications each year for eligible high hazard potential dams for which grants may be made under this section.

;

(5)

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)

Small disadvantaged communities

Subparagraph (A) shall not apply to a project carried out by or for the benefit of a small disadvantaged community.

; and

(6)

in subsection (j)(4), by striking 2026 and inserting 2028.

(c)

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), in the matter preceding clause (i), by striking subparagraphs (B) and (C) and inserting subparagraph (B);

(ii)

by striking subparagraph (B); and

(iii)

by redesignating subparagraph (C) as subparagraph (B);

(2)

in subsection (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.