S3111-118

1. Short title This Act may be cited as the National Dam Safety Program Reauthorization Act of 2023.

2. Improvements to National Dam Safety Program Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended— by redesignating paragraphs (13) through (16) as paragraphs (14) through (17), respectively; and by inserting after paragraph (12) the following: 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. Section 8A of the National Dam Safety Program Act (33 U.S.C. 467f–2) is amended— in subsection (c)(2), by striking subparagraph (C) and inserting the following: 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. in subsection (d)(2)(C), by striking commit and inserting for a project not including removal, obtain a commitment from the dam owner; by striking subsection (e) and inserting the following: 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— for a removal— 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 for a project not including removal— is in place; or will be— 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). A plan under paragraph (1)(B) shall address— 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. by striking subsection (f) and inserting the following: 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. in subsection (g)(1)— in subparagraph (A), by striking Any and inserting Except as provided in subparagraph (C), any; and by adding at the end the following: Subparagraph (A) shall not apply to a project carried out by or for the benefit of a small disadvantaged community. in subsection (j)(4), by striking 2026 and inserting 2028. Section 14 of the National Dam Safety Program Act (33 U.S.C. 467j) is amended— in subsection (a)— in paragraph (1), by striking 2023 and inserting 2028; and in paragraph (2)— in subparagraph (A), in the matter preceding clause (i), by striking subparagraphs (B) and (C) and inserting subparagraph (B); by striking subparagraph (B); and by redesignating subparagraph (C) as subparagraph (B); in subsection (b), by striking 2023 and inserting 2028; in subsection (c), by striking 2023 and inserting 2028; in subsection (d), by striking 2023 and inserting 2028; in subsection (e), by striking 2023 and inserting 2028; and in subsection (f), by striking 2023 and inserting 2028. (13)Small disadvantaged communityThe 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.. (C)Grant assuranceAs 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.; (e)Floodplain management plans(1)In generalAs 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)RequirementIn 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)InclusionsA 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 supportThe 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.; (f)Priority systemThe 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.; (C)Small disadvantaged communitiesSubparagraph (A) shall not apply to a project carried out by or for the benefit of a small disadvantaged community.; and