[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3111 Introduced in Senate (IS)]

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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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