33 U.S.C. § 467f: Rehabilitation of high hazard potential dams

The Administrator shall establish, within FEMA, a program to provide technical, planning, design, and construction assistance in the form of grants to States with dam safety programs for rehabilitation of eligible high hazard potential dams. repair; removal; or any other structural or nonstructural measures to rehabilitate an eligible high hazard potential dam. A State interested in receiving a grant under this section may submit to the Administrator an application for the grant. An application submitted to the Administrator under this section shall be submitted at such time, be in such form, and contain such information as the Administrator may prescribe by regulation. The Administrator may make a grant in accordance with this section for rehabilitation of eligible high hazard potential dams to a State that submits an application for the grant in accordance with the regulations prescribed by the Administrator. The Administrator shall enter into a grant agreement with the State to establish the terms of the grant and the projects for which the grant is awarded, including the amount of the grant. 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. 12.5 percent of the total amount of funds made available to carry out this section; or $7,500,000. A grant awarded under this section to an eligible subrecipient for a project shall be approved by the relevant State dam safety agency. demonstrate that the community in which the dam is located participates in, and complies with, all applicable Federal flood insurance programs, including demonstrating that such community is participating in the National Flood Insurance Program, and is not on probation, suspended, or withdrawn from such Program; includes all dam risks; and complies with the Disaster Mitigation Act of 2000 ( Public Law 106–390 ; 114 Stat. 1552 ); for a project not including removal, obtain a commitment from the dam owner to provide operation and maintenance of the project for the expected life of the dam following completion of rehabilitation; acts in accordance with the State dam safety program; and carries out activities relating to the public in the area around the dam in accordance with the hazard mitigation plan described in subparagraph (B); and comply with section 5196(j)(9) of title 42 (as in effect on December 16, 2016 ) with respect to projects receiving assistance under this section in the same manner as recipients are required to comply in order to receive financial contributions from the Administrator for emergency preparedness purposes. Not later than 1 year after December 27, 2020 , the Administrator, in consultation with the Board, shall publish criteria for hazard mitigation plans required under paragraph (2)(B). is in place; and 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 is in place; or developed not later than 2 years after the date of execution of a project agreement for assistance under this section; and implemented not later than 2 years after the date of completion of construction of the project. 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). 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; plans for flood fighting and evacuation; and public education and awareness of flood risks. 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. The Administrator, in consultation with the Board, shall develop a risk-based priority system for use in identifying eligible high hazard potential dams for which grants may be made under this section. Except as provided in subparagraph (C), any assistance provided under this section for a project shall be subject to a non-Federal cost-sharing requirement of not less than 35 percent. The non-Federal share under subparagraph (A) may be provided in the form of in-kind contributions. Subparagraph (A) shall not apply to a project carried out by or for the benefit of an underserved community. ⅓ shall be distributed equally among the States in which the projects for which applications are submitted under subsection (c)(1) are located. the number of eligible high hazard potential dams in the State; bears to the number of eligible high hazard potential dams in all such States. to rehabilitate a Federal dam; to perform routine operation or maintenance of a dam; to modify a dam to produce hydroelectric power; to increase water supply storage capacity; or to make any other modification to a dam that does not also improve the safety of the dam. chapter 11 of title 40; or an equivalent qualifications-based requirement prescribed by the relevant State. A contract awarded in accordance with paragraph (1) shall not be considered to confer a proprietary interest upon the United States. $10,000,000 for fiscal years 2017 and 2018; $25,000,000 for fiscal year 2019; $40,000,000 for fiscal year 2020; and $60,000,000 for each of fiscal years 2021 through 2026. Not later than 90 days after the date of enactment of this Act [ Dec. 16, 2016 ], the Administrator of the Federal Emergency Management Agency shall issue a notice of proposed rulemaking regarding applications for grants of assistance under the amendments made by subsection (b) to the National Dam Safety Program Act ( 33 U.S.C. 467 et seq.) [enacting this section]. Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall promulgate a final rule regarding the amendments described in paragraph (1).” If the Secretary [of the Army] determines that the project is feasible, the Secretary may carry out a project for the rehabilitation of a dam described in subsection (b). that has been constructed, in whole or in part, by the Corps of Engineers for flood control purposes; for which construction was completed before 1940; that is classified as ‘high hazard potential’ by the State dam safety agency of the State in which the dam is located; and that is operated by a non-Federal entity. The non-Federal share of the cost of a project for rehabilitation of a dam under this section, including the cost of any required study, shall be the same share assigned to the non-Federal interest for the cost of initial construction of that dam, including provision of all land, easements, rights-of-way, and necessary relocations. to pay the non-Federal share of the costs of construction under subsection (c); and to pay 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to the project in accordance with regulations prescribed by the Secretary. Except as provided in paragraph (2), the Secretary shall not expend more than $60,000,000 for a project at any single dam under this section. the Secretary submits to Congress the determination made under subsection (a) with respect to the project; and construction of the project substantially in accordance with the plans, and subject to the conditions described in such determination, is specifically authorized by Congress. There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2026 through 2030.”