Twenty-First Century Dams Act
This bill addresses dam infrastructure and safety.
First, the bill provides resources for programs related to state dam safety, the rehabilitation of high hazard potential dams, and the inspection of dams. In particular, the bill reauthorizes through FY2026 the National Dam Safety Program.
In addition, the bill reauthorizes through FY2026 a program related to the rehabilitation of structural measures and a program related to water infrastructure.
Next, the bill allows a new tax credit for maintaining and enhancing hydroelectric dams that is equal to 30% of the basis of any qualified dam safety, environmental, and grid resilience enhancement property placed in service in a taxable year. It also allows a 30% credit for qualified obsolete river obstruction removal expenditures for demolishing and removing certain nonpowered or hydroelectric dams.
The bill directs the Department of the Army to establish a program to carry out dam removal projects.
Further, the bill establishes the Dam Removal Council to (1) coordinate with participating federal agencies to annually notify all known dam owners of the availability of dam removal funding and provide guidance on the existing programs of participating agencies; (2) evaluate and submit to Army recommendations for dam removal projects, technical assistance programs, and funding allocations; and (3) develop a dam removal strategy.
The bill requires certain dam assessments, including a joint assessment by the U.S. Geological Survey and the Department of Energy.
The bill also authorizes specified federal agencies to undertake certain activities related to federal dam infrastructure.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4375 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4375
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 HOUSE OF REPRESENTATIVES
July 9, 2021
Ms. Kuster (for herself, Mr. Young, Ms. Schrier, Mr. Huffman, Mrs.
Dingell, Ms. Brownley, Mr. Cleaver, Mrs. Watson Coleman, Ms. Barragan,
and Mr. Peters) introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure, and in addition to
the Committees on Ways and Means, Energy and Commerce, Natural
Resources, Science, Space, and Technology, and Agriculture, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
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--TAX PROVISIONS
Sec. 201. Credit for maintaining and enhancing hydroelectric dams.
Sec. 202. Credit for obsolete river obstruction removal expenditures.
TITLE III--RESTORE RIVER ECOSYSTEMS THROUGH DAM ABATEMENTS
Sec. 301. Purposes.
Sec. 302. Definitions.
Sec. 303. Dam removal program.
Sec. 304. Establishment of Dam Removal Council.
Sec. 305. Establishment of Dam Removal Advisory Board.
Sec. 306. Dam removal strategy.
Sec. 307. Reporting.
Sec. 308. Funding.
Sec. 309. General provisions.
TITLE IV--REIMAGINED FEDERAL DAMS
Sec. 401. National dam assessment.
Sec. 402. Federal dam assessments.
Sec. 403. Report.
Sec. 404. 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)
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) in subparagraph (A)--
(i) by striking ``(A) In general.--Subject
to subparagraphs (B) and (C), for'' and
inserting ``For'';
(ii) in clause (i)--
(I) by striking ``(i)'' and
inserting ``(A)''; and
(II) by inserting ``of the
remaining'' after ``one-third'';
(iii) in clause (ii)--
(I) by striking ``(ii)'' and
inserting ``(B)''; and
(II) by inserting ``of the
remaining'' after ``two-thirds'';
(iv) by adding at the end the following:
``(iii) Up to twenty percent to States that
qualify for assistance under section 467f(e) of
this title for the development of emergency
action plans as needed.''; and
(B) by striking subparagraphs (B) and (C).
(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--TAX PROVISIONS
SEC. 201. CREDIT FOR MAINTAINING AND ENHANCING HYDROELECTRIC DAMS.
(a) In General.--Subpart E of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding after section
48C the following new section:
``SEC. 48D. CREDIT FOR MAINTAINING AND ENHANCING HYDROELECTRIC DAMS.
``(a) In General.--For purposes of section 46, the credit for
maintaining and enhancing hydroelectric dams for any taxable year is 30
percent of the basis of any qualified dam safety, environmental, and
grid resilience enhancement property placed in service during such
taxable year.
``(b) Limitation.--No credit shall be allowed under subsection (a)
with respect to any qualified dam safety, environmental, and grid
resilience property unless the qualified dam in connection with which
such property was placed in service meets all applicable Federal,
State, and tribal requirements with respect to such dam on the date
such property is placed in service.
``(c) Certain Progress Expenditure Rules Made Applicable.--Rules
similar to the rules of subsections (c)(4) and (d) of section 46 (as in
effect on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990) shall apply for purposes of subsection (a).
``(d) Definitions.--For purposes of this section--
``(1) Qualified dam safety, environmental, and grid
resilience property.--The term `qualified dam safety,
environmental, and grid resilience enhancement property' means
any property--
``(A) which is--
``(i) dam safety property,
``(ii) environmental improvement property,
or
``(iii) grid resilience property,
``(B)(i) the construction, reconstruction, or
erection of which is completed by the taxpayer, or
``(ii) which is acquired by the taxpayer if the
original use of such property commences with the
taxpayer, and
``(C) with respect to which depreciation (or
amortization in lieu of depreciation) is allowable.
``(2) Dam safety property.--The term `dam safety property'
means property the purpose of which is to maintain or improve
dam safety on a qualified dam to ensure acceptable performance
under all loading conditions (static, hydrologic, seismic) in
accordance with applicable regulatory criteria and risk
guidelines, including--
``(A) the maintenance or upgrade of spillways or
other appurtuant structures,
``(B) dam stability, including erosion repair and
enhanced seepage controls, and
``(C) upgrades or replacements of floodgates or
natural infrastructure restoration or protection to
improve flood risk reduction.
``(3) Environmental improvement property.--The term
`environmental improvement property' means property the purpose
of which is to--
``(A) add or improve safe and effective fish
passage, including new or upgraded turbine technology,
fish ladders, fishways, and all other associated
technology, equipment, or other fish passage technology
to a qualified dam,
``(B) maintain or improve the quality of the water
retained or released by a qualified dam,
``(C) promote downstream sediment transport
processes and habitat maintenance with respect to a
qualified dam, or
``(D) provide for or improve recreational access to
the vicinity of a qualified dam, including roads,
trails, boat ingress and egress, flows to improve
recreation, and infrastructure that improves river
recreation opportunity.
``(4) Grid resilience property.--
``(A) In general.--The term `grid resilience
property' means property--
``(i) the purpose of which is to provide
the ability of a hydroelectric facility at a
qualified dam to contribute to electricity grid
resilience and efficiency by--
``(I) adapting more quickly to
changing grid conditions,
``(II) providing ancillary services
(including black start capabilities,
voltage support, and spinning
reserves),
``(III) integrating other variable
sources of electricity generation, or
``(IV) managing accumulated
reservoir sediments, or
``(ii) which is a qualified dam described
in paragraph (5)(B).
``(B) Mitigation and environmental review
requirements.--Such term shall not include any property
described in subparagraph (A)(i) unless any physical or
operational changes instituted in connection with the
activities described in such subparagraph have been
authorized under applicable Federal, State, and tribal
permitting or licensing processes which include
appropriate mitigation conditions arising from
consultation and environmental review under such
processes.
``(5) Qualified dam.--The term `qualified dam' means any of
the following:
``(A) A hydroelectric dam which is licensed by the
Federal Energy Regulatory Commission or legally
operating without such a license and was placed in
service before the date of the enactment of this
section.
``(B) A hydroelectric dam which--
``(i) was licensed by the Federal Energy
Regulatory Commission before December 31, 2020,
``(ii) is under active license from the
Federal Energy Regulatory Commission on the
date of enactment of this section,
``(iii) meets the requirements of
subclauses (I) and (III) of sections
242(b)(1)(B)(ii) of the Energy Policy Act of
2005 (42 U.S.C. 15881),
``(iv) is placed in service on or after the
date of the enactment of this section, and
``(v) does not contribute to atmospheric
pollution.
``(C) Any dam which--
``(i) was placed in service before the date
of the enactment of this section,
``(ii) is operated on such date of
enactment for any beneficial public use except
hydropower generation, and
``(iii) is authorized after such date of
the enactment for hydropower development by the
Federal Energy Regulatory Commission, the
Bureau of Reclamation, or a State, as
appropriate.
``(D) Any dam which was placed in service before
the date of the enactment of this section and which is
a qualified nonpowered dam (as defined in section
34(e)(3) of the Federal Power Act (16 U.S.C. Sec.
823e(e)(3))).
``(e) Elective Payment.--
``(1) In general.--In the case of a taxpayer making an
election (at such time and in such manner as the Secretary may
provide) under this subsection with respect to any portion of
the credit which would (without regard to this subsection) be
determined under this section with respect to such taxpayer,
such taxpayer shall be treated as making a payment against the
tax imposed by subtitle A for the taxable year equal to 100
percent of such amount.
``(2) Timing.--The payment described in subsection (a)
shall be treated as made on the later of the due date of the
return of tax for such taxable year or the date on which such
return is filed.
``(3) Denial of double benefit.--Solely for purposes of
section 38, in the case of a taxpayer making an election under
this subsection, the credit determined under this section shall
be reduced by the amount of the portion of such credit with
respect to which the taxpayer makes such election.
``(4) Application to certain tax-exempt persons.--In the
case of a taxpayer making an election under this subsection,
the credit subject to such an election shall be determined
notwithstanding--
``(A) section 50(b)(3), and
``(B) section 50(b)(4), with respect to an entity
described in section 50(b)(4)(A)(i).
``(f) Special Rule for Property Financed by Subsidized Energy
Financing or Tax-Exempt Bonds.--For purposes of this section, rules
similar to the rules of section 48(a)(4) (determined without regard to
subparagraph (D) thereof) shall apply.''.
(b) Conforming Amendments.--
(1) Section 46 of the Internal Revenue Code of 1986 is
amended by striking ``and'' at the end of paragraph (5), by
striking the period at the end of paragraph (6) and inserting
``, and'', and by adding at the end the following new
paragraph:
``(7) the credit for maintaining and enhancing
hydroelectric dams.''.
(2) Section 49(a)(1)(C) of such Code is amended by striking
``and'' at the end of clause (iv), by striking the period at
the end of clause (v) and inserting ``, and'', and by adding at
the end the following new clause:
``(vi) the basis of any qualified property
taken into account under section 48D(d).''.
(3) Section 50(a)(2)(E) of such Code is amended by striking
``or 48C(b)(2)'' and inserting ``48C(b)(2), or 48D(c)''.
(4) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 48C the following new item:
``Sec. 48D. Credit for maintaining and enhancing hydroelectric dams.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act, under rules similar to the rules of section 48(m) of the
Internal Revenue Code of 1986 (as in effect on the day before the date
of the enactment of the Revenue Reconciliation Act of 1990).
SEC. 202. CREDIT FOR OBSOLETE RIVER OBSTRUCTION REMOVAL EXPENDITURES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding after section
45T the following new section:
``SEC. 45U. CREDIT FOR OBSOLETE RIVER OBSTRUCTION REMOVAL EXPENDITURES.
``(a) In General.--For purposes of section 38, the credit for
obsolete river obstruction removal expenditures for any taxable year is
30 percent of the qualified obsolete river obstruction removal
expenditures incurred during such taxable year.
``(b) Qualified Obsolete River Obstruction Removal Expenditures.--
For purposes of this section--
``(1) In general.--The term `qualified obsolete river
obstruction removal expenditures' means any expenditure to
demolish and remove, in whole or in part, any dam described in
paragraph (2) and its associated infrastructure, including all
associated remediation and ecosystem restoration costs, so long
as--
``(A) the work is performed with the consent of the
dam owner, if available, and
``(B) none of the expenses incurred are used to
demolish or remove a Federally-owned hydroelectric dam.
``(2) Dam described.--A dam is described in this paragraph
if such dam is--
``(A) a qualified nonpowered dam (as defined in
section 34(e)(3) of the Federal Power Act (16 U.S.C.
Sec. 823e(e)(3))), or
``(B) a hydroelectric dam which is not owned by the
Federal government.
``(c) Application to Tax-Exempt Entities.--
``(1) In general.--In the case of qualified obsolete river
obstruction removal expenditures incurred by an eligible
entity, the Secretary shall promulgate regulations to allow the
allocation of the credit under this section to the person
primarily responsible for designing the property in lieu of the
owner of such property, with such person to be treated as the
taxpayer for purposes of this section.
``(2) Eligible entity.--For purposes of this subsection,
the term `eligible entity' means--
``(A) a Federal, State, or local government or a
political subdivision thereof,
``(B) an Indian tribe (as defined in section
45A(c)(6)), or
``(C) an organization described in section 501(c)
and exempt from tax under section 501(a).
``(d) Elective Payment.--
``(1) In general.--In the case of a taxpayer making an
election (at such time and in such manner as the Secretary may
provide) under this subsection with respect to any portion of
the credit which would (without regard to this subsection) be
determined under this section with respect to such taxpayer,
such taxpayer shall be treated as making a payment against the
tax imposed by subtitle A for the taxable year equal to 100
percent of such amount.
``(2) Timing.--The payment described in subsection (a)
shall be treated as made on the later of the due date of the
return of tax for such taxable year or the date on which such
return is filed.
``(3) Denial of double benefit.--Solely for purposes of
section 38, in the case of a taxpayer making an election under
this subsection, the credit determined under this section shall
be reduced by the amount of the portion of such credit with
respect to which the taxpayer makes such election.''.
(b) Conforming Amendments.--
(1) Section 38(b) of the Internal Revenue Code of 1986 is
amended by striking ``plus'' at the end of paragraph (32), by
striking the period at the end of paragraph (33) and inserting
``, plus'', and by adding at the end the following new
paragraph:
``(34) the credit for obsolete river obstruction removal
expenditures under section 45U(a).''.
(2) Section 280C of such Code is amended by adding at the
end the following new subsection:
``(i) Credit for Obsolete River Obstruction Removal Expenditures.--
No deduction shall be allowed for that portion of the expenses
otherwise allowable as a deduction taken into account in determining
the credit under section 45U for the taxable year which is equal to the
amount of the credit determined for such taxable year under section
45U(a).''.
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 45T the following new item:
``Sec. 45U. Credit for obsolete river obstruction removal
expenditures.''.
(c) Effective Date.--The amendments made by this section shall
apply to any obsolete river obstruction removal expenditures (as
defined in section 45U of the Internal Revenue Code of 1986, as added
by this section) incurred after the date of the enactment of this Act.
TITLE III--RESTORE RIVER ECOSYSTEMS THROUGH DAM ABATEMENTS
SEC. 301. 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. 302. DEFINITIONS.
In this title:
(1) Advisory board.--The term ``Advisory Board'' means the
Dam Removal Advisory Board established under section 305.
(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 304.
(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 303(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. 303. 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. 304. 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 303(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
303(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 307; 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 307, 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 306;
(2) to provide input on project identification criteria;
and
(3) to provide input on proportional distribution of funds
to participating agencies.
SEC. 305. 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. 306. 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 2031.
(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 303(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 303(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. 307. 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. 308. 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 307, including
the collection and maintenance of dam removal project data, the lesser
of--
(1) 3 percent; and
(2) $1,500,000.
SEC. 309. 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 IV--REIMAGINED FEDERAL DAMS
SEC. 401. 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 U.S. Geological Survey and 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 U.S. Fish and Wildlife Service, NOAA, 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. 402. 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 section 401(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. 403. REPORT.
The Secretary shall submit to the Committees on Energy and
Commerce, Natural 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. 404. INVESTING IN FEDERAL DAM INFRASTRUCTURE.
(a) Corps of Engineers.--There are authorized to be appropriated
$1,600,000,000 for fiscal years 2022 through 2026 for the following
dam-related activities:
(1) Safety improvements, including concrete repair, tunnel
work, and gate repair and replacement.
(2) Environmental improvements, including fish passage,
environmental flows, water quality, temperature, and dissolved
oxygen upgrades.
(3) Hydropower unit maintenance and upgrades.
(4) Transmission, distribution, and substation upgrades.
(5) Control room upgrades.
(6) Efficiency, flexibility, and capacity improvements.
(7) Deployment of innovative technologies, none of the
funds authorized under this section shall have to be recouped
by the Corps of Engineers.
(8) Evaluation to address disposition to appropriately
direct expenditures.
(9) Backlogged maintenance and operation activities.
(b) Bureau of Reclamation.--There are authorized to be appropriated
$400,000,000 for each of fiscal years 2022 through 2026 for the
following dam-related activities:
(1) Safety improvements, including concrete repair, tunnel
work, and gate repair and replacement.
(2) Environmental improvements, including fish passage,
environmental flows, water quality, temperature, and dissolved
oxygen upgrades.
(3) Hydropower unit maintenance and upgrades.
(4) Transmission, distribution, and substation upgrades.
(5) Control room upgrades.
(6) Backlogged operations and maintenance activities.
(7) Upgrades, efficiency, flexibility, and capacity
improvements.
(8) Deployment of innovative technologies.
(9) Evaluation to address disposition to appropriately
direct expenditures.
(10) None of the funds authorized under this section shall
have to be recouped by the Bureau of Reclamation.
(c) United States Forest Service.--There are authorized to be
appropriated $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.--There are authorized to be
appropriated $130,000,000 for each of fiscal years 2022 through 2026
for the following dam-related activities:
(1) Safety and environmental improvements.
(2) Backlogged operations and maintenance activities.
(3) Upgrades, efficiency, flexibility, and capacity
improvements.
(4) Deployment of innovative technologies.
(5) Evaluation to address disposition to appropriately
direct expenditures.
(6) None of the funds authorized under this section shall
have to be recouped by the Bureau of Indian Affairs.
(e) United States Geological Survey.--There are authorized to be
appropriated $5,000,000 for fiscal year 2022 to complete the
assessments contained in sections 401 and 402.
(f) Interagency Cooperation.--The Secretary of each agency included
in this section, or their designee, shall meet annually to ensure
investments are coordinated to improve river health, hydropower output,
and public safety.
(g) Department of Energy.--There is authorized to be appropriated
$50,000,000 for each of fiscal years 2022 through 2026 for activities
related to the following activities:
(1) An assessment of the Nation's dam infrastructure under
section 401(b).
(2) Research, development, and deployment to support--
(A) development of innovative waterpower
technologies;
(B) development of technology to improve
retrofitting and rehabilitating hydropower dams; and
(C) enhancements to hydropower's ability to support
grid resilience.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, Energy and Commerce, Natural Resources, Science, Space, and Technology, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, Energy and Commerce, Natural Resources, Science, Space, and Technology, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, Energy and Commerce, Natural Resources, Science, Space, and Technology, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, Energy and Commerce, Natural Resources, Science, Space, and Technology, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, Energy and Commerce, Natural Resources, Science, Space, and Technology, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, Energy and Commerce, Natural Resources, Science, Space, and Technology, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Energy.
Referred to the Subcommittee on Energy.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Water, Oceans, and Wildlife.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee on National Parks, Forests, and Public Lands.
Referred to the Subcommittee on Conservation and Forestry.