[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2356 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2356
To provide funding to rehabilitate, retrofit, and remove the Nation's
dams to improve the health of the Nation's rivers, improve public
safety, and increase clean energy production, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2021
Mrs. Feinstein (for herself, Mr. Padilla, Mr. Wyden, Ms. Stabenow, Mr.
Peters, Mrs. Gillibrand, and Mr. Bennet) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To provide funding to rehabilitate, retrofit, and remove the Nation's
dams to improve the health of the Nation's rivers, improve public
safety, and increase clean energy production, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Twenty-First
Century Dams Act''.
(b) Table of Contents.--The table of contents for the Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DAM SAFETY ASSISTANCE
Sec. 101. Increase Federal assistance to improve dam safety.
TITLE II--RESTORE RIVER ECOSYSTEMS THROUGH DAM ABATEMENTS
Sec. 201. Purposes.
Sec. 202. Definitions.
Sec. 203. Dam removal program.
Sec. 204. Establishment of Dam Removal Council.
Sec. 205. Establishment of Dam Removal Advisory Board.
Sec. 206. Dam removal strategy.
Sec. 207. Reporting.
Sec. 208. Funding.
Sec. 209. General provisions.
TITLE III--REIMAGINED FEDERAL DAMS
Sec. 301. National dam assessment.
Sec. 302. Federal dam assessments.
Sec. 303. Report.
Sec. 304. Investing in Federal dam infrastructure.
TITLE I--DAM SAFETY ASSISTANCE
SEC. 101. INCREASE FEDERAL ASSISTANCE TO IMPROVE DAM SAFETY.
(a) National Dam Safety Program Act.--
(1) Definitions.--Section 2(4)(A) of the National Dam
Safety Program Act (33 U.S.C. 467(4)(A)) is amended--
(A) in clause (iii)(II), by striking the semicolon
and inserting ``; and'';
(B) in clause (iv), by striking ``; and'' and
inserting a period; and
(C) by striking clause (v).
(2) Inspection of dams.--Section 3(a) of the National Dam
Safety Program Act (33 U.S.C. 467a(a)) is amended to read as
follows:
``(a) In General.--As soon as practicable, the Secretary of the
Army, acting through the Chief of Engineers, shall carry out a national
program of inspection of dams for the purpose of protecting human life
and property. All non-Federal dams in the United States that are not
under the regulatory inspection authority of a State or Federal entity
shall be inspected by the Secretary, except dams which the Secretary of
the Army determines do not pose any threat to human life or property.
The inspection will include an assessment of downstream hazard and
development of a dam failure inundation map and a non-failure residual
risk inundation map that can be incorporated in an emergency action
plan for the dam.''.
(3) Assistance for state dam safety programs.--Section
8(e)(1) of the National Dam Safety Program Act (33 U.S.C.
467f(e)(1)) is amended by inserting ``including the development
of emergency action plans'' after ``improving dam safety
programs''.
(4) Priority system.--Section 8A(f) of the National Dam
Safety Program Act (33 U.S.C. 467f-2(f)) is amended to read as
follows:
``(f) Priority System.--The Administrator, in consultation with the
Board, shall develop a risk-based priority system for States to use as
a factor in prioritizing multiple applications in a single year of
eligible high hazard potential dams for which grants may be made under
this section.''.
(5) Rehabilitation of high hazard potential dams.--Section
8A(j) of the National Dam Safety Program Act (33 U.S.C. 467f-
2(j)) is amended--
(A) in paragraph (3), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (4), by striking ``each of fiscal
years 2021 through 2026.'' and inserting ``fiscal year
2021; and''; and
(C) by adding at the end the following:
``(5) $200,000,000 for each of fiscal years 2022 through
2026.''.
(6) National dam safety program.--Section 14(a)(1) of the
National Dam Safety Program Act (33 U.S.C. 467j(a)(1)) is
amended by striking ``$9,200,000 for each of fiscal years 2019
through 2023'' and inserting ``$92,000,000 for each of fiscal
years 2022 through 2026''.
(7) Inspection of dams.--Section 14 of the National Dam
Safety Program Act (33 U.S.C. 467j) is amended by adding at the
end the following:
``(h) Inspection of Dams.--There is authorized to be appropriated
to carry out section 3 $35,000,000 for each of fiscal years 2022
through 2026.''.
(8) Allocation.--Section 14(a)(2) of the National Dam
Safety Program Act (33 U.S.C. 467j(a)(2)) is amended--
(A) by striking subparagraphs (B) and (C);
(B) by striking the paragraph designation and
heading and all that follows through ``Subject to
subparagraphs (B) and (C), for'' in subparagraph (A) in
the matter preceding clause (i) and inserting the
following:
``(2) Allocation.--For'';
(C) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(D) in subparagraph (A) (as so redesignated), by
inserting ``of the remaining'' after ``One-third'';
(E) in subparagraph (B) (as so redesignated)--
(i) in the matter preceding subclause (I),
by inserting ``of the remaining'' after ``Two-
thirds''; and
(ii) by redesignating subclauses (I) and
(II) as clauses (i) and (ii), respectively, and
indenting appropriately; and
(F) by adding at the end the following:
``(C) Up to twenty percent to States that qualify
for assistance under section 8(e) for the development
of emergency action plans as needed.''.
(9) FEMA staffing.--Section 14(f) of the National Dam
Safety Program Act (33 U.S.C. 467j(f)) is amended by striking
``$1,000,000 for each of fiscal years 2019 through 2023'' and
inserting ``$4,000,000 for each of fiscal years 2022 through
2026''.
(b) Rehabilitation of Structural Measures Near, at, or Past Their
Evaluated Life Expectancy.--Section 14(h)(2) of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(2)) is amended--
(1) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (E), by striking ``through 2023.'' and
inserting ``through 2021; and''; and
(3) by adding at the end the following:
``(F) $100,000,000 for each of fiscal years 2022
through 2026.''.
(c) WIFIA Funding.--Section 5033(a)(1) of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3912(a)(1)) is amended--
(1) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) $50,000,000 for each of fiscal years 2022
through 2026.''.
TITLE II--RESTORE RIVER ECOSYSTEMS THROUGH DAM ABATEMENTS
SEC. 201. PURPOSES.
The purposes of this title are to establish an interagency advisory
council, a Tribal and stakeholder advisory board, and to provide
funding to remove publicly owned and privately owned dams with the
consent of dam owners--
(1) to reduce public safety risks associated with aging
dams;
(2) to promote the restoration of riverine habitat for
native species of fish and wildlife;
(3) to provide for the movement of aquatic species and
restoration of migratory fish populations;
(4) to improve water quality; and
(5) to increase climate resilience.
SEC. 202. DEFINITIONS.
In this title:
(1) Advisory board.--The term ``Advisory Board'' means the
Dam Removal Advisory Board established under section 205.
(2) Aquatic habitat.--The term ``aquatic habitat'' means
the preferred in-stream, floodplain, or riparian wetland
habitat of all life stages of native aquatic species.
(3) Aquatic species passage.--The term ``aquatic species
passage'' means the ability of all species endemic to a
watershed, and all life stages of those species, to freely
access upstream and downstream aquatic habitat for the purposes
of spawning, rearing, or other life cycle needs.
(4) Climate resilience.--The term ``climate resilience''
means the ability for humans, ecosystems, and all species to
adapt to and recover from disturbances related to climate
change, including increased severity and frequency of floods,
droughts, and changes to thermal regimes.
(5) Council.--The term ``Council'' means the Dam Removal
Council established under section 204.
(6) Dam.--The term ``dam'' means a human-made structure
that--
(A) spans the width of a river or stream (or does
not currently span the width of a river or stream due
to damage or intentional breach, but was originally
constructed to do so); and
(B) was constructed to raise the water level,
divert water, or store water for a variety of purposes.
(7) Dam removal project.--
(A) In general.--The term ``dam removal project''
means a project to permanently remove the full vertical
extent of a dam structure of a dam described in
subparagraph (B) to a minimum horizontal width needed
to protect public safety, restore natural river
function, and reconnect aquatic species passage, unless
site conditions prevent that removal width.
(B) Dams described.--A dam referred to in
subparagraph (A) is--
(i) a non-federally owned powered dam;
(ii) a non-federally owned non-powered dam;
or
(iii) a Federal non-powered dam the removal
of which is authorized by Congress, if
applicable.
(8) Funding allocation.--The term ``funding allocation''
means amounts provided, out of amounts made available to carry
out this title, by the Secretary to a participating agency to
carry out the purposes of this title.
(9) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(10) Non-federal interest.--The term ``non-Federal
interest'' means--
(A) a State;
(B) a political subdivision of a State;
(C) an Indian Tribe;
(D) a non-Federal dam owner, or a representative;
(E) a regional or interstate agency; and
(F) as provided in section 203(d)(2), a
nongovernmental organization.
(11) Participating agency.--
(A) In general.--The term ``participating agency''
means a Federal agency--
(i) that owns 1 or more dams or has
jurisdiction over a grant program under which
dam removal is an eligible activity; and
(ii) that has authority--
(I) to conduct dam removal
projects; or
(II) to provide technical
assistance and grants for development,
planning, and implementation of dam
removal projects.
(B) Inclusion.--The term ``participating agency''
includes the Department of the Army.
(12) Privately owned dam.--The term ``privately owned dam''
means a dam that is owned by 1 or more non-governmental
entities.
(13) Public safety hazard.--The term ``public safety
hazard'' means the risk to individuals pertaining to a dam,
including loss of life or destruction of private or public
property, as a result of the structural failure or misoperation
of a dam, or by a person who accesses the dam by foot or in a
boat.
(14) Publicly owned dam.--
(A) In general.--The term ``publicly owned dam''
means a dam that is owned by a public entity such as a
government agency, political subdivision, special
purpose district, or other public entity established
under Federal or State law.
(B) Exclusion.--The term ``publicly owned dam''
does not include a Federal powered dam.
(15) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(16) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) the Commonwealth of the Northern Mariana
Islands;
(E) the United States Virgin Islands;
(F) American Samoa; and
(G) Guam.
SEC. 203. DAM REMOVAL PROGRAM.
(a) Establishment.--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.
(b) Eligible Activities.--An activity eligible to be carried out
with a funding allocation is--
(1) a dam removal project; and
(2) a Federal or non-Federal technical assistance program.
(c) Selection of Projects.--
(1) Identification of eligible projects.--
(A) In general.--Each participating agency shall--
(i) review proposed dam removal projects
and technical assistance programs, including--
(I) projects proposed by a dam
owner (or a designee, with the written
consent of the dam owner);
(II) dam removal projects for
Federal non-powered dams owned by the
participating agency that--
(aa) are no longer
providing a critical purpose in
the Federal interest; and
(bb) have received
Congressional authorization, if
applicable;
(III) non-Federal dam removal
technical assistance programs; and
(IV) a proposed funding allocation
for those projects and programs; and
(ii) submit the recommended projects,
programs, and funding allocation to the
Council.
(B) Council review.--The Council shall--
(i) review the projects, programs, and
funding allocations submitted under
subparagraph (A)(ii);
(ii) develop recommendations of projects
and programs that meet the criteria described
in paragraph (3) and proposed funding
allocations for each participating agency; and
(iii) submit the projects, programs, and
funding allocations recommended under clause
(ii) to the Secretary.
(2) Selection.--The Secretary shall--
(A) select projects and activities under this
section taking into consideration the projects and
programs submitted by the Council under paragraph
(1)(B)(iii); and
(B) provide to each participating agency a funding
allocation pursuant to a cooperative agreement under
subsection (f).
(3) Required elements.--Each dam removal project
recommended to the Secretary by the Council shall--
(A) include written consent of the dam owner for
the dam removal project, if ownership is established;
(B) meet 1 or more of the project purposes of--
(i) protecting human health and safety;
(ii) restoring aquatic habitat and riverine
processes;
(iii) increasing river connectivity and
species access to aquatic habitat;
(iv) improving water quality;
(v) enhancing commercial and recreational
fishing;
(vi) enhancing river-based recreation;
(vii) restoring nature-based
infrastructure; and
(viii) improving climate resilience;
(C) 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
(D) demonstrate a commitment to obtain all required
regulatory approvals and permits from all pertinent
jurisdictions prior to project implementation.
(4) Factors for selection of projects.--In selecting a dam
removal project, the Secretary and participating agencies shall
consider the following:
(A) The capability of the non-Federal interest to
carry out the project in a technically feasible manner.
(B) The extent to which the dam poses a significant
public safety hazard.
(C) The extent to which the dam provides critical
beneficial uses.
(D) 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).
(E) The extent to which the project will be carried
out in a cost-effective manner.
(F) Any other factors that the Secretary and
participating agencies determine to be reasonable and
necessary for consideration.
(5) Prioritization for selection of projects.--In selecting
a dam removal project, the Secretary and participating agencies
shall prioritize--
(A) removal of dams that pose a significant public
safety hazard; and
(B) non-powered dams the removal of which will
provide significant ecological value.
(d) Execution of Projects and Activities.--
(1) In general.--A participating agency that receives
assistance under this section may enter into cooperative
agreements with non-Federal interests--
(A) to carry out dam removal projects;
(B) to provide technical assistance; or
(C) to provide assistance to a non-Federal
technical assistance program.
(2) Nongovernmental organizations.--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.
(3) Public notice.--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.
(4) Geographic equity.--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.
(e) Eligible Costs.--A funding allocation may be used for all dam
removal and related project needs, including--
(1) 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;
(2) all stages of project planning and design;
(3) 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;
(4) establishment of collaborative Federal teams to
increase efficiency of evaluation and removal of federally
owned dams; and
(5) monitoring under subsection (h).
(f) Cooperative Agreement.--
(1) In general.--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.
(2) Supplement, not supplant.--A funding allocation
provided under this title shall supplement and not supplant
amounts otherwise made available to the participating agency.
(g) Federal Share.--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.
(h) Monitoring.--
(1) Costs.--The costs of monitoring a dam removal project--
(A) shall be an eligible use of a funding
allocation; and
(B) may be included in the total cost of the dam
removal project.
(2) Goals.--The goals of monitoring referred to paragraph
(1) shall be--
(A) to measure the safety and effectiveness of the
project; and
(B) to allow adaptive management to ensure project
success.
SEC. 204. ESTABLISHMENT OF DAM REMOVAL COUNCIL.
(a) Council.--There is established a council to be known as the
``Dam Removal Council''.
(b) Duties.--The Council shall be responsible for--
(1) coordinating participating agencies to annually (or as
otherwise determined by the Council)--
(A) notify all known dam owners of the availability
of dam removal funding, application procedures, and
options for technical assistance; and
(B) provide guidance on the existing programs of
participating agencies;
(2) evaluating the proposed dam removal projects, technical
assistance programs, and funding allocations submitted by
participating agencies under section 203(c)(1)(A)(ii);
(3) submitting to the Secretary recommended dam removal
projects, technical assistance programs, and funding
allocations for participating agencies as described in section
203(c)(1)(B)(ii);
(4) serving as a forum--
(A) to identify and address limiting factors to
removing dams; and
(B) to address programmatic challenges;
(5) providing advice on the development of the database and
report required under section 207; and
(6) collaborating with the agencies represented on the
Council to maximize the benefits of this title.
(c) Membership.--
(1) Members.--Subject to paragraph (2), the Council shall
consist of the following members:
(A) The Secretary.
(B) The Director of the National Oceanic and
Atmospheric Administration.
(C) The Director of the United States Fish and
Wildlife Service.
(D) The Commissioner of the Bureau of Reclamation.
(E) The Chief of the Natural Resources Conservation
Service.
(F) The Chief of the Forest Service.
(G) The Administrator of the Federal Emergency
Management Agency.
(H) The Administrator of the Environmental
Protection Agency.
(I) The Chair of the Council on Environmental
Quality.
(J) The Chairman of the Federal Energy Regulatory
Commission.
(K) The Director of the Water Power Technologies
Office of the Department of Energy.
(2) Authority to change membership.--The Council may modify
the membership of the Council to more effectively meet the
purposes of this title.
(3) Collaboration.--The Council may collaborate with other
Federal agencies regarding the duties of the Council and
recommend to the Secretary to enter into agreements with those
agencies to more effectively meet the purposes of this title,
such as an agreement relating to the provision of data or
research necessary to carry out dam removal projects.
(4) Compensation.--A member of the Council shall serve
without compensation.
(5) Chair.--
(A) In general.--The initial Chair of the Council
shall be the Chair of the Council on Environmental
Quality.
(B) Subsequent chairs.--Every 2 years, after
completion of a report under section 207, the Council
shall select a new Chair of the Council.
(C) Duties.--The Chair shall coordinate with
agencies represented on the Council--
(i) to develop effective and efficient
processes to identify, prioritize, and
implement dam removal projects; and
(ii) to simplify and clarify the dam
removal process.
(d) Meetings.--
(1) First meeting.--The Chair shall convene the first
meeting of the Council not later than 60 days after the date of
enactment of this Act.
(2) Additional meetings.--The Chair shall convene
additional meetings of the Council as appropriate to ensure
that this title is fully carried out, but not less often than
annually.
(e) Council Procedures.--The Council shall establish procedures for
voting, the conduct of meetings, and other matters as appropriate.
(f) Public Participation.--
(1) In general.--Meetings of the Council shall be open to
the public.
(2) Notice.--The Council shall provide notice to the public
of a meeting of the Council.
(g) Advice.--The Council shall consult with the Advisory Board--
(1) to assist the Council in the development of the dam
removal strategy to be developed under section 206;
(2) to provide input on project identification criteria;
and
(3) to provide input on proportional distribution of funds
to participating agencies.
SEC. 205. ESTABLISHMENT OF DAM REMOVAL ADVISORY BOARD.
(a) Advisory Board.--The Chair of the Council shall establish a Dam
Removal Advisory Board to provide advice and recommendations on the
implementation of this title.
(b) Membership.--The Advisory Board shall include 12 members
appointed by the Chair, of whom--
(1) 2 members shall be representatives of Indian Tribes;
(2) 2 members shall be representatives of State government
agencies that manage or provide funds for dam removal projects
or regulate dam safety;
(3) 3 members shall be representatives of nongovernmental
organizations that manage or provide technical assistance for
dam removal projects;
(4) 2 members shall be representatives of nongovernmental
organizations that work to improve dam safety practices; and
(5) 3 members shall be representatives of organizations
representing dam owners.
(c) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Board.
SEC. 206. DAM REMOVAL STRATEGY.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Council shall develop a dam removal
strategy--
(1) to ensure a comprehensive approach to remove dams
that--
(A) pose the greatest threat to public safety;
(B) provide the greatest opportunity for
environmental restoration; and
(C) are consistent with efforts to address climate
change and adaptation;
(2) to maximize benefits derived from dam removal projects;
and
(3) to foster the coordination of Federal and non-Federal
activities related to dam removal.
(b) Goal.--The goal of the dam removal strategy under subsection
(a) shall be to improve public safety and restore healthy rivers by
reconnecting at least 10,000 miles of river by 2026.
(c) Elements of Strategy.--The dam removal strategy under
subsection (a) shall--
(1) identify limiting factors to completing dam removal
projects and strategies for overcoming those limiting factors;
(2) utilize the selection factors and priorities described
in section 203(c);
(3) optimize the benefits of dam removal activities,
including basin-scale fish passage planning;
(4) maximize the incentives for the creation of new public-
private partnerships to carry out dam removal projects and the
use of Federal resources to encourage increased private sector
involvement in dam removal projects;
(5) identify opportunities for Federal agency collaboration
to remove dams that are no longer needed from Federal land;
(6) be consistent with dam removal, habitat restoration,
and public safety plans;
(7) promote dam removal projects--
(A) to meet the criteria in section 203(c)(3); and
(B) to address other areas of concern that the
Council determines to be appropriate for consideration;
and
(8) provide recommendations for broad and equitable
geographic distribution of projects funded under this title.
(d) Public Review and Comment.--Before the Council adopts a dam
removal strategy under subsection (a), the Council shall--
(1) publish in the Federal Register a draft of the dam
removal strategy; and
(2) provide an opportunity for public review and comment.
(e) No Delay of Dam Removal Projects.--Development of the dam
removal strategy under subsection (a)--
(1) shall occur concurrently with implementation of dam
removal projects and technical assistance under this Act; and
(2) shall not delay progress of those projects and
activities.
(f) Periodic Revision.--Using data and information developed
through project monitoring and management, and other relevant
information, the Council may periodically review and update, as
necessary, the dam removal strategy under subsection (a).
SEC. 207. REPORTING.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, and every 2 years thereafter, the Secretary, after
considering the advice and recommendations of the Council and Advisory
Board, shall submit to Congress a report on the activities carried out
under this title.
(b) Contents of Report.--A report under subsection (a) shall
include--
(1) data on--
(A) the number of dams removed, river miles opened,
public safety benefits, and aquatic ecosystem benefits
achieved through projects under this title; and
(B) participating agency expenditures, project
costs, and descriptions of projects selected, in
progress, and completed under this title;
(2) a review of project expenses, identifying areas of
opportunity for reducing future project expenses;
(3) a review of how the information described in paragraphs
(1) and (2) will be incorporated into the selection and
implementation of new dam removal projects;
(4) a review of efforts made to maintain an appropriate
database of dam removal projects carried out under this title;
and
(5) a review of the measures taken to provide the
information described in paragraphs (1) through (3) to Federal
agencies with responsibility for assisting in the dam removals.
SEC. 208. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this title $7,500,000,000, to remain
available until expended.
(b) Technical Assistance Funding Allocations.--Of the amounts made
available under subsection (a)--
(1) not less than $50,000,000 shall be allocated for the
costs of administration, environmental compliance, and
technical assistance to carry out this title; and
(2) not less than $30,000,000 shall be allocated to non-
Federal dam removal technical assistance programs.
(c) Set-Aside for Administrative Expenses of the Council.--Of the
amounts made available under subsection (a) for each fiscal year, the
Secretary shall use for administration and operating costs of the
Council and for development of the report under section 207, including
the collection and maintenance of dam removal project data, the lesser
of--
(1) 3 percent; and
(2) $1,500,000.
SEC. 209. GENERAL PROVISIONS.
(a) Agency Consultation and Coordination.--In carrying out this
title, the Secretary shall, as necessary, consult with, cooperate with,
and coordinate activities with the activities of other Federal
agencies.
(b) Cooperative Agreements; Memoranda of Understanding.--In
carrying out this title, the Secretary and other Federal agencies, as
appropriate, may--
(1) enter into cooperative agreements or contracts with
Federal, State, and local government agencies, nongovernmental
organizations, and other entities; and
(2) execute such memoranda of understanding as are
necessary to reflect the agreements.
(c) Federal Agency Facilities and Personnel.--Federal agencies
may--
(1) cooperate in carrying out scientific and other programs
necessary to carry out this title; and
(2) provide facilities and personnel for the purpose of
assisting the Council in carrying out the duties of the Council
under this title.
TITLE III--REIMAGINED FEDERAL DAMS
SEC. 301. NATIONAL DAM ASSESSMENT.
(a) In General.--The National dam assessment will assimilate data
to provide for stakeholders to determine whether a dam may be an
appropriate candidate to remove, upgrade, enhance environmental
performance, or retrofit for hydropower production. The assessment is
intended for data gathering and analysis tools and will not make
recommendations on individual dams.
(b) Dam Assessments and Data Gathering.--
(1) In general.--The United States Geological Survey and
the Department of Energy (Lead agencies) shall jointly conduct
an assessment of the nation's dam infrastructure, including
government and privately owned powered and non-powered dams. In
conducting its assessment, the Lead agencies shall consult with
other Federal and State government agencies, including the
Corps of Engineers, the Bureau of Reclamation, the Federal
Energy Regulatory Commission, the Federal Emergency Management
Agency, the United States Fish and Wildlife Service, the
National Oceanic Atmospheric Administration, State dam safety
officials, and other stakeholders.
(2) Purpose.--The purpose of the assessment is to integrate
existing data to help stakeholders identify--
(A) dams that continue to serve vital roles and may
be priorities for upgrades, environmental performance
enhancements, or retrofits to add or replace generation
at powered and non-powered facilities; and
(B) dams that may have been abandoned, have reached
the end of their useful life, or otherwise may be
candidates for removal and river restoration.
(3) Content.--
(A) The Lead agencies shall, in consultation with
the other Federal and State agencies, the Dam Removal
Council established under section 304, as well as other
stakeholders, develop a set of data and other factors
relevant to dam upgrades, retrofit and removal,
including but not limited to age, height, water flow,
hazard classifications, condition assessment,
environmental improvement opportunities, climate change
risks, known functions and other factors determined by
the Lead agencies to meet the goals of the assessment.
(B) At the time of submission of the report to
Congress, the Lead agencies shall make the assessment
publicly available in a written and an electronically
searchable format.
(C) The Lead agencies shall, to the extent
possible, compile pre-existing information from Federal
and State government sources and avoid duplicating
existing assessments of any particular dam, facility,
or project.
SEC. 302. FEDERAL DAM ASSESSMENTS.
(a) In General.--Federal agencies that own dams shall assess their
dams to identify which should be removed, upgraded, enhanced for
environmental performance, or retrofitted for hydropower production.
(b) Criteria.--The lead agencies under section 301(b) will work
with dam-owning Federal agencies and the Dam Removal Council to develop
criteria for agencies to use to complete the assessments.
(c) Assessment.--Using the criteria from subsection (b), Federal
agencies that own dams shall assess their dams to identify those
appropriate for the outcomes in subsection (a) or other outcomes
determined by the lead agencies.
(d) Outcomes.--Those outcomes identified by the assessment should
not be compelled, but should inform future action by the agencies.
SEC. 303. REPORT.
The Secretary shall submit to the Committees on Energy and
Commerce, Resources, and Transportation and Infrastructure of the House
of Representatives and the Committee on Energy and Natural Resources of
the Senate a report on the findings and conclusions of the assessments
under this section by not later than 18 months after the date of the
enactment of this Act. The assessment and report to Congress shall be
updated every 3 years thereafter.
SEC. 304. INVESTING IN FEDERAL DAM INFRASTRUCTURE.
(a) Corps of Engineers.--
(1) In general.--There is authorized to be appropriated to
the Corps of Engineers $1,600,000,000 for fiscal years 2022
through 2026 for the following dam-related activities:
(A) Safety improvements, including concrete repair,
tunnel work, and gate repair and replacement.
(B) Environmental improvements, including fish
passage, environmental flows, water quality,
temperature, and dissolved oxygen upgrades.
(C) Hydropower unit maintenance and upgrades.
(D) Transmission, distribution, and substation
upgrades.
(E) Control room upgrades.
(F) Efficiency, flexibility, and capacity
improvements.
(G) Deployment of innovative technologies, none of
the funds authorized under this section shall have to
be recouped by the Corps of Engineers.
(H) Evaluation to address disposition to
appropriately direct expenditures.
(I) Backlogged maintenance and operation
activities.
(2) No recoupment.--Notwithstanding any other provision of
law, the Corps of Engineers shall not be required to recoup any
amounts authorized under this subsection.
(b) Bureau of Reclamation.--
(1) In general.--There is authorized to be appropriated to
the Bureau of Reclamation $400,000,000 for each of fiscal years
2022 through 2026 for the following dam-related activities:
(A) Safety improvements, including concrete repair,
tunnel work, and gate repair and replacement.
(B) Environmental improvements, including fish
passage, environmental flows, water quality,
temperature, and dissolved oxygen upgrades.
(C) Hydropower unit maintenance and upgrades.
(D) Transmission, distribution, and substation
upgrades.
(E) Control room upgrades.
(F) Backlogged operations and maintenance
activities.
(G) Upgrades, efficiency, flexibility, and capacity
improvements.
(H) Deployment of innovative technologies.
(I) Evaluation to address disposition to
appropriately direct expenditures.
(2) No recoupment.--Notwithstanding any other provision of
law, the Bureau of Reclamation shall not be required to recoup
any amounts authorized under this subsection.
(c) United States Forest Service.--There is authorized to be
appropriated to the United States Forest Service $70,000,000 for each
of fiscal years 2022 through 2026 for the following dam-related
activities:
(1) Safety improvements.
(2) Environmental improvements.
(3) Backlogged operations and maintenance activities.
(4) Upgrades, efficiency, flexibility, and capacity
improvements.
(5) Deployment of innovative technologies.
(6) Evaluation to address disposition to appropriately
direct expenditures.
(d) Bureau of Indian Affairs.--
(1) In general.--There is authorized to be appropriated to
the Bureau of Indian Affairs $130,000,000 for each of fiscal
years 2022 through 2026 for the following dam-related
activities:
(A) Safety and environmental improvements.
(B) Backlogged operations and maintenance
activities.
(C) Upgrades, efficiency, flexibility, and capacity
improvements.
(D) Deployment of innovative technologies.
(E) Evaluation to address disposition to
appropriately direct expenditures.
(2) No recoupment.--Notwithstanding any other provision of
law, the Bureau of Indian Affairs shall not be required to
recoup any amounts authorized under this subsection.
(e) Department of Energy.--There is authorized to be appropriated
to the Department of Energy $50,000,000 for each of fiscal years 2022
through 2026 for the following activities:
(1) An assessment of the dam infrastructure of the United
States under section 301(b).
(2) Research, development, and deployment to support--
(A) innovative waterpower technologies;
(B) technologies to improve retrofitting and
rehabilitating hydropower dams; and
(C) furthering the contribution of hydropower to
grid resilience.
<all>