II 

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. 

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 Safety 

5 Program Reauthorization Act of 2023’’. 

6 SEC. 2. IMPROVEMENTS TO NATIONAL DAM SAFETY PRO7 GRAM. 

8 (a) DEFINITIONS.—Section 2 of the National Dam 

9 Safety Program Act (33 U.S.C. 467) is amended— 


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1 (1) by redesignating paragraphs (13) through 

2 (16) as paragraphs (14) through (17), respectively; 

3 and 

4 (2) by inserting after paragraph (12) the fol5 lowing: 

6 ‘‘(13) SMALL DISADVANTAGED COMMUNITY.— 

7 The term ‘small disadvantaged community’ means a 

8 community with a population of less than 50,000 

9 that has a median household income of less than 80 

10 percent of the statewide median household income.’’. 

11 (b) REHABILITATION OF HIGH HAZARD POTENTIAL

12 DAMS.—Section 8A of the National Dam Safety Program 

13 Act (33 U.S.C. 467f–2) is amended— 

14 (1) in subsection (c)(2), by striking subpara15 graph (C) and inserting the following: 

16 ‘‘(C) GRANT ASSURANCE.—As part of a 

17 grant agreement under subparagraph (B), the 

18 Administrator shall require that each eligible 

19 subrecipient to which the State awards a grant 

20 under this section provides an assurance from 

21 the dam owner, with respect to the dam to be 

22 rehabilitated, that the dam owner will carry out 

23 a plan for maintenance of the dam during the 

24 expected life of the dam.’’; 


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1 (2) in subsection (d)(2)(C), by striking ‘‘com2 mit’’ and inserting ‘‘for a project not including re3 moval, obtain a commitment from the dam owner’’; 

4 (3) by striking subsection (e) and inserting the 

5 following: 

6 ‘‘(e) FLOODPLAIN MANAGEMENT PLANS.— 

7 ‘‘(1) IN GENERAL.—As a condition of receipt of 

8 assistance under this section, an eligible subrecipient 

9 shall demonstrate that a floodplain management 

10 plan to reduce the impacts of future flood events 

11 from a controlled or uncontrolled release from the 

12 dam or management of water levels in the area im13 pacted by the dam— 

14 ‘‘(A) for a removal— 

15 ‘‘(i) is in place; and 

16 ‘‘(ii) identifies areas that would be im17 pacted by the removal of the dam and in18 cludes a communication and outreach plan 

19 for the project and the impact of the 

20 project on the affected communities; or 

21 ‘‘(B) for a project not including removal— 

22 ‘‘(i) is in place; or 

23 ‘‘(ii) will be— 

24 ‘‘(I) developed not later than 2 

25 years after the date of execution of a 


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1 project agreement for assistance 

2 under this section; and 

3 ‘‘(II) implemented not later than 

4 2 years after the date of completion of 

5 construction of the project. 

6 ‘‘(2) REQUIREMENT.—In the case of a plan for 

7 a removal, the Administrator may not impose any 

8 additional requirements or conditions other than the 

9 requirements in paragraph (1)(A). 

10 ‘‘(3) INCLUSIONS.—A plan under paragraph 

11 (1)(B) shall address— 

12 ‘‘(A) potential measures, practices, and 

13 policies to reduce loss of life, injuries, damage 

14 to property and facilities, public expenditures, 

15 and other adverse impacts of flooding in the 

16 area protected or impacted by the dam; 

17 ‘‘(B) plans for flood fighting and evacu18 ation; and 

19 ‘‘(C) public education and awareness of 

20 flood risks. 

21 ‘‘(4) PLAN CRITERIA AND TECHNICAL SUP22 PORT.—The Administrator, in consultation with the 

23 Board, shall provide criteria, and may provide tech24 nical support, for the development and implementaVerDate Sep 11 2014 02:59 Oct 25, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3111.IS S3111

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1 tion of floodplain management plans prepared under 

2 this subsection.’’; 

3 (4) by striking subsection (f) and inserting the 

4 following: 

5 ‘‘(f) PRIORITY SYSTEM.—The Administrator, in con6 sultation with the Board, shall develop a risk-based pri7 ority system for States to use in prioritizing multiple ap8 plications each year for eligible high hazard potential dams 

9 for which grants may be made under this section.’’; 

10 (5) in subsection (g)(1)— 

11 (A) in subparagraph (A), by striking 

12 ‘‘Any’’ and inserting ‘‘Except as provided in 

13 subparagraph (C), any’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(C) SMALL DISADVANTAGED COMMU16 NITIES.—Subparagraph (A) shall not apply to a 

17 project carried out by or for the benefit of a 

18 small disadvantaged community.’’; and 

19 (6) in subsection (j)(4), by striking ‘‘2026’’ and 

20 inserting ‘‘2028’’. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 14 of the National Dam Safety Program Act (33 U.S.C. 

23 467j) is amended— 

24 (1) in subsection (a)— 


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1 (A) in paragraph (1), by striking ‘‘2023’’ 

2 and inserting ‘‘2028’’; and 

3 (B) in paragraph (2)— 

4 (i) in subparagraph (A), in the matter 

5 preceding clause (i), by striking ‘‘subpara6 graphs (B) and (C)’’ and inserting ‘‘sub7 paragraph (B)’’; 

8 (ii) by striking subparagraph (B); and 

9 (iii) by redesignating subparagraph 

10 (C) as subparagraph (B); 

11 (2) in subsection (b), by striking ‘‘2023’’ and 

12 inserting ‘‘2028’’; 

13 (3) in subsection (c), by striking ‘‘2023’’ and 

14 inserting ‘‘2028’’; 

15 (4) in subsection (d), by striking ‘‘2023’’ and 

16 inserting ‘‘2028’’; 

17 (5) in subsection (e), by striking ‘‘2023’’ and 

18 inserting ‘‘2028’’; and 

19 (6) in subsection (f), by striking ‘‘2023’’ and 

20 inserting ‘‘2028’’. 

Æ 


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