[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3111 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3111
To amend the National Dam Safety Program Act to reauthorize and improve
that Act, and for other purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Dam Safety Program
Reauthorization Act of 2023''.
SEC. 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''.
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