I 

118TH CONGRESS 

2D SESSION H. R. 9893 

To improve dam and hydropower safety, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2024 

Mrs. DINGELL (for herself and Mr. MOOLENAAR) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To improve dam and hydropower safety, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Dam and Hy5 dropower Safety Improvements Act of 2024’’. 

6 SEC. 2. DAM SAFETY CONDITIONS. 

7 Section 10 of the Federal Power Act (16 U.S.C. 803) 

8 is amended by adding at the end the following: 

9 ‘‘(k) That the dam and other project works meet the 

10 Commission’s dam safety requirements and that the li11 censee shall manage, operate, and maintain the dam and 


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1 other project works in a manner that ensures dam safety 

2 and public safety under the operating conditions of the 

3 license.’’. 

4 SEC. 3. DAM SAFETY REQUIREMENTS. 

5 Section 15 of the Federal Power Act (16 U.S.C. 808) 

6 is amended by adding at the end the following: 

7 ‘‘(g) The Commission may issue a new license under 

8 this section only if— 

9 ‘‘(1) the Commission determines that the dam 

10 and other project works covered by the license meet 

11 the Commission’s dam safety requirements and that 

12 the licensee can continue to manage, operate, and 

13 maintain the dam and other project works in a man14 ner that ensures dam safety and public safety under 

15 the operating conditions of the new license; or 

16 ‘‘(2) the new license includes a plan to resolve 

17 the noncompliance of the dam or other project works 

18 covered by the license with the Commission’s dam 

19 safety requirements.’’. 

20 SEC. 4. VIABILITY PROCEDURES. 

21 The Federal Energy Regulatory Commission shall es22 tablish procedures to assess the financial viability of an 

23 applicant for a license under the Federal Power Act (16 

24 U.S.C. 791a et seq.) to— 


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1 (1) meet applicable dam safety requirements; 

2 and 

3 (2) operate the dam and project works under 

4 the license. 

5 SEC. 5. FERC DAM SAFETY TECHNICAL CONFERENCE WITH 

6 STATES. 

7 (a) TECHNICAL CONFERENCE.—Not later than Octo8 ber 1, 2025, the Federal Energy Regulatory Commission, 

9 acting through the Director of the Office of Energy 

10 Projects, shall hold a technical conference with the States 

11 to discuss and provide information on— 

12 (1) dam maintenance and repair; 

13 (2) Risk Informed Decision Making; 

14 (3) climate and hydrological regional changes 

15 that may affect the structural integrity of dams; and 

16 (4) high hazard dams. 

17 (b) STATE DEFINED.—In this section, the term 

18 ‘‘State’’ has the meaning given such term in section 3 of 

19 the Federal Power Act (16 U.S.C. 796). 

20 SEC. 6. REQUIRED DAM SAFETY COMMUNICATIONS BE21 TWEEN FERC AND STATES. 

22 (a) IN GENERAL.—The Commission, acting through 

23 the Director of the Office of Energy Projects, shall notify 

24 each State within which a project is located when— 


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1 (1) the Commission issues a finding, following 

2 a dam safety inspection, that requires the licensee 

3 for such project to take actions to repair the dam 

4 and other project works that are the subject of such 

5 finding; 

6 (2) after a period of 5 years starting on the 

7 date a finding under paragraph (1) is issued, the li8 censee has failed to take actions to repair the dam 

9 and other project works; and 

10 (3) the Commission initiates a non-compliance 

11 proceeding or otherwise takes steps to revoke a li12 cense due to the failure of a licensee to take actions 

13 to repair a dam and other project works. 

14 (b) NOTICE UPON REVOCATION, SURRENDER, OR IM15 PLIED SURRENDER OF A LICENSE.—If the Commission 

16 issues an order to revoke a license or approve the sur17 render or implied surrender of a license under the Federal 

18 Power Act (16 U.S.C. 792 et seq.), the Commission shall 

19 consult with the State within which the project that relates 

20 to such license is located to provide to such State— 

21 (1) all records pertaining to the structure and 

22 operation of the applicable dam and other project 

23 works, including, as applicable, any dam safety in24 spection reports by independent consultants, speci25 fications for required repairs or maintenance of such 


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1 dam and other project works that have not been 

2 completed, and estimates of the costs for such re3 pairs or maintenance; 

4 (2) all records documenting the history of main5 tenance or repair work for the applicable dam and 

6 other project works; 

7 (3) information on the age of the dam and 

8 other project works and the hazard classification of 

9 the dam and other project works; 

10 (4) the most recent assessment of the condition 

11 of the dam and other project works by the Commis12 sion; 

13 (5) as applicable, the most recent hydrologic in14 formation used to determine the potential maximum 

15 flood for the dam and other project works; and 

16 (6) the results of the most recent risk assess17 ment completed on the dam and other project works. 

18 (c) DEFINITION.—In this section: 

19 (1) COMMISSION.—The term ‘‘Commission’’ 

20 means the Federal Energy Regulatory Commission. 

21 (2) LICENSEE.—The term ‘‘licensee’’ has the 

22 meaning given such term in section 3 of the Federal 

23 Power Act (16 U.S.C. 796). 


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1 (3) PROJECT.—The term ‘‘project’’ has the 

2 meaning given such term in section 3 of the Federal 

3 Power Act (16 U.S.C. 796). 

Æ 


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